HomeMy WebLinkAbout2006-09-11 06-319 ORDERACTION
MmNo. 06 319'
Bate:
Item/Subjrzt Order, Condemning a Building/Structure a[ 56 Larkin Street in Bangor
Responsible Department: Code Enforcement
The structure at 56 Larkin Street Is structurally unsafe, dilapidated and constitutes a fire hazard.
The building has been broken into and vandalized a number of times. The owner passed away In
1991 but neighbors relate their recollection that that me building was vacant for a period of years
badcreherdeath. With me structure removed the lobs unsuitable. Priortomenotifiationmthe
heir(s) of mil public hearing, all correspondence since 1999 has not been responded to.
NOTE: A PUBLIC HEARING IS REQUIRED BEFORE TAKING ACTION ON THIS ORDER.
Department Head
This has been reviewed and is recommended by me Transportation and Infrastructure
Committee. Dan Wellington, Code Enforcement Officer, will make a presentation during the
Public Hearing in order to introduce Information on the condition of the property into are formal
record.
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
X Passage
_ Firot Reading Page _ of
Retained
06 319
'"� AsrigadbCouxiiw Stave September 11, 2006
CITY OF BANGOR
(TnbE.) ORDER, Condemning a Building/Structure at 56 Larkin Street In Bangor as a
Dangerous Building and Directing that the Conditions which Render it Dangerous be Remedied.
WHEREAS, the CRY a Bangor has recHved numerous compounds about Me physical conditkm and safely
of Me structure located at 55 union Sheet, Bangor, more particularly described in a deed
recorhetl in Me Penobscot County "Istry of Deeds In Volume 2M, Page 138 (hereinafter
"Me Freedom); ant
WNERERS, the Cade EnWNement Office Impacted! the Premises antl determined that Me Premises
suffers from numerous code violations; and
WHEREAS, Me Premises Is owned by Heirs of Marie Gearhart ofo Kay Kelly of Kensington, MD,
(haelnaRa Me 'Owner-); ant
W HERE0.S, the Owner and Mortgagees have been notified that the Bangor City Council intends to hoc a
Public heading W consider whether or not the Ramses constitutes a dangerous building and
a nuisance under 12 M.R.S.A. §§ 2851-2859; and
WHEREAS, the Bangor any Council, aM,g in Its capacity as the Municipal Officers of the City of Bangor,
held a public hearing pursuant to 12 M.R.SA %2851-2859 W detenmiro whether or rot the
Premises commutes a dangerous building within Me meaning ofsaid statute;
NOW, THEREFORE, basetl upon the evidence prevented at s m public bearing. Ole City
Coundl of the City of Bangor hereby FINDS:
1. The Pointers, i.e., the structure brand M 56 Larkin Street, Bangor, Is strudureky unsafe; unstable; a
fire Meant; unsuitable or Improper the use a Me oaumancr as a modems; a hma l W heats or
safety because of inadequate maintenance, dilapidation, obrolescence or abandonmerA;
ant dargerous W ted No ant property of the inhabitants of Me City a Bangor; and
2. The Premhes, i.e, the structure coined at 561arkin Smek Bangor, s a dangerous buying am a
nuisance within Me meaning of 17 M.R.S.A. §§ 2851-2859.
Further, Me City Council of Me City of Bangor hereby ORDERS:
1. The Owner, i.e., Heirs a Marie Gearhart, shall, will MIM (30) days, secure Me mixture and
remove all demolition debris ant Wrier refirse currently soared on Me proceed; and
2. The Omer, ie, Heirs of Mark Gearhart, shill, whin MIM (30) days, remedy the tandhions cited
above that render the premises dangerous and a nuisance by:
A. Demolishing the s[rudure ant propeMdisposlyofall debrbintMormNywith the Cudeofthe
City of Sargor. or
06 319
B. Presenting a plan, acceptable to the Cade Enforom" oto err, for renovating Me structure and
bringing Y Ompleney up to all applicable bullcin& housing, and property mairhenance code
sdnclards adopted by the City of Bampr. Thio plan shall include proof o'finantlal capability and a
project schedule stowing that the niok will be completed wXhin ninety(W) days.
3. In the event MM Me panne, prfsents an approvetl renovation plan and upon a showing by Owner of
continuous progreu aci renovating the structure and brogues R into code compliance as well as
pmol' M financial capability to complete Me work, the Cade Enforcement Officer is auMorlaed to
extend the ninety (90) day deadline for renovations by up to three (3) Marry (30) day extensions.
4. In the event that Me Owner falls to secure the structure and remove all demo in n debris and other
Muse currently stoned on the propene as required In number 1 above, fails to present an acceptable
rmovatmn plan as required in number 2 above, or fails to undertake continuous progress towand
imikemendng Me renow[bn plan as required In numbers 2 and 3 (if applicable as a result of
evtensions) above, Han:
P. The Ude Erin, nent ORker, w no tleslgrge, may remove and dispose of any personal
property remaining In the structure{ and
B. The Code Erionesne t Officer, or his designee, shall cause and structure to be damd5hed or
removed, all eryenses Incurred! thereby to be paid by Me Charmer or assessed against Me property
in accordance with 17 M.R.SA. 42853; and
C. the City Shccitor, or W designee, is authorired to blue a" and all a1di0mal necessarr actionto
amount Me demolition or removal asato structure and remver Me City's posts as pm aped In 17
M.R.SA § 2853.
S. the CM/ ShccMr, w his designee, shall Ouse a po d Ms Order to be Bled at dre p nob County
Registry of Deeds.
IN CITY COOticn
September lt, 2e06
Motion !lade and Seconded to
Open the Public Searing
Public gearing Opeuded
Code gnforcuent Officer
Daniel Nellington gave a
detailed history of the property
m Question.
Mrs. Jan Sudden, 60 Larkin
Street. urged the Cowell to
support this from, as the
building is music, a fire
hazard and[ it used by vagrants
and various saiwls.
A neighboring property ower,
Wade Leighton, stated that
he felt that the property was
beyond repair, and urged that
there be asbest0 abatement
prior to the property being
torn does
Resident 83aiue Jones
expressed concern
r
properties located at 73 6 83
Lincoln Street, and asked that
the Code Snfarcenent Officer
look, at than. Motion Made and
Seconded to Close the Public
Searing
Public Searing Closed
Motion Made and stressed for
Y 06-319
I:oudewim a Imine/Structure
at 56 Larkin Street in Saeger as a
Daneeroue Buildive and Mrectiva that
the Cmditiws which Sevdar it Davgeross
M1e Qeni AirA