This Week’s Public and Legal Notices: August 27
PUBLIC HEARING NOTICE
The Sanford City Council will hold a Public Hearing and receive written and oral comments at its September 7, 2021 meeting at 6 pm, to Establish a Moratorium on Mineral Extraction Lagooning and/or Creation of Ponds.
The hearing may be held in person in Council Chambers at City Hall, 919 Main Street, Sanford, or via remote video and teleconference, pursuant to 1 MRSA §403-B(2)(D) and Section 6 of the City Council Rules of Procedure as amended and adopted August 3, 2021, reflecting recent recommendations of the US CDC and adoption by Maine CDC pertaining to conduct of meetings in indoor public space.
Instructions for joining the meeting by remote methods will be posted September 3, 2021 at www.sanfordmaine.org/meetings. The meeting will be broadcast on cable channel 26 and online at https://townhallstreams.com/towns/sanfordme.
Comments may be submitted at www.sanfordmaine.org under Email City Departments/City Council. Questions may be directed to the Planning Office at 324-9150.
PUBLIC HEARING NOTICE
The Sanford Planning Board will hold a public hearing & receive written & oral comments at its September 1, 2021 meeting at 6:30 pm to create a third lot for a single family home on property to be serviced by a Private Way on property owned by Redline Properties LLC and located on Main Street in Springvale (tax map R2, lot 33C).
The hearing may be held in person in Council Chambers at City Hall, 919 Main Street, starting at 6:30 pm, or via remote video and teleconference pursuant to 1 MRSA §403-B(2)(D) and Section 6 of the City Council Rules of Procedure, reflecting recent recommendations of the US CDC and adoption by Maine CDC pertaining to conduct of meetings in indoor public space.
Meeting information, including how to connect via Zoom, is provided at www.sanfordmaine.org/planning. Questions should be directed to the Planning Office at 324-9150 or bdellavalle@sanfordmaine.org.
FINDINGS AND ORDER – DANGEROUS BUILDING – 6 PROULX COURT, SPRINGVALE MAINE
On August 3 2021 the City Council of the City of Sanford, Maine held a hearing to determine whether 6 Proulx Court identified as Tax Map K15, Lot 36 and further described in a Deed recorded in the York County Registry of Deeds at Book 16467, Page 367 and Mortgages recorded at Book 14601, Page 434 and Book 15191, Page 90 is a dangerous building or a nuisance within the meaning of 17 M.R.S.A. §§ 2851-2859, and to determine what, if any, remedy is appropriate. Notice of this hearing was duly served on the owner and parties in interest and advertised in the newspaper on July 9, 16, and 23 as required by law when an owner or party in interest is unknown or is not ascertainable with reasonable diligence. The owner or parties in interest did not communicate to the City of Sanford prior to the hearing that they intended to be present and testify at the hearing. The following persons were present and testified: A. City of Sanford Director of Community Development, Ian Houseal. B. City of Sanford Code Enforcement Officer, Aaron Lederer. C. Property Owner/Representative: none. Based on the testimony of those present and other evidence presented and made part of the record, the Sanford City Council hereby attests to the testimony and evidence and hereby finds the following facts: A. The owner has owned the single-dwelling-unit building (the property) since 2005, but abandoned the building, inappropriately allowing a single family dwelling to be used for no purpose other than a nuisance to the surrounding neighborhood. B. The building is abandoned as evidenced by: No water service to the building since April 2013, and therefore no habitable occupancy since that time; Doors and windows are broken, boarded, unlocked, open, and the property is generally unmanaged and unmaintained and is therefore inviting to trespassers and vandals and therefore unsafe and a fire hazard; Personal property and furnishings indicating habitable occupancy are absent from the property and any remaining personal property is damaged or unusable and generally describable as junk, debris, household trash, and possibly hazardous, and is a fire hazard and is unsanitary; The building and property is deteriorating including plant growth through the fascia and roof so as to constitute a threat to public health and safety; A mortgagee initiated foreclosure proceedings in October 2016 and has taken steps to take possession of the property including maintaining a vacant building license, but has not completed that process to-date; As of July 26, 2021, $1,740.73 in property taxes are outstanding, indicating that the property is abandoned and unmaintained; Electrical power remains connected to the building with no electrical meters present on the building. C. The building is dilapidated as evidenced by plant overgrowth, broken siding, missing windows, broken doors, deteriorated decks and exterior stairs. D. Inspections on May 19, 2021 and July 16, 2021 found violations of City Code § 90-13B(5), 2015 International Property Maintenance Code as adopted by reference: Exterior doors broken and in poor condition. § 304.15; Dangerous premises, unsecured garage. § 108.1.5.7; Overgrown vegetation. § 302.4; Accumulation of rubbish. § 308.1; Lack of maintenance. § 304.12. Based on the foregoing findings, the Municipal Officers adjudge that 6 Proulx Court is a dangerous building and nuisance because the building is unsafe and unsanitary; constitutes a fire hazard; is improper for the occupancy to which it is put; constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, and abandonment; and is otherwise dangerous to life and property because the abandoned building and unmanaged and uncared for condition of the property contributes to blight, acts as an attractive nuisance for vandalism and other illegal acts, all of which also negatively impact the property value, health, safety, and welfare of surrounding properties and their occupants and their wellbeing. THEREFORE IT IS ORDERED that to protect the health, safety, and welfare, the property is to be immediately secured within 24 hours. AND BE IT FURTHER ORDERED that any and all rubbish, debris, vehicles, equipment, household/human/hazardous waste, and dangerous materials are to be removed from the property and properly disposed and the property maintained free of debris and plant growth within 30 days. AND BE IT FURTHER ORDERED that to protect the health, safety, and welfare, the said dangerous building and nuisance is to be immediately abated (building removed/ disposed/ secured.) And be iT FURTHER ORDERED, if the owner or party in interest demonstrates the ability and willingness to satisfactorily rehabilitate the building by submitting and having a rehabilitation plan approved by the City Manager within 30 days of recording this Order and carrying out such rehabilitation plan in a timely manner, the Order to immediately abate the dangerous building and nuisance may be delayed. Such rehabilitation plan must include: At a minimum, all deficiencies listed as part of the findings of fact as herein set forth are corrected; The building is rehabilitated and brought into compliance with all applicable State and Local Codes and meets all permitting and inspection requirements; There shall be no occupancy or use of the building until the property has been satisfactorily rehabilitated. And be iT FURTHER ORDERED that the City Clerk record this Order in the York County Registry of Deeds and cause attested copies of this Order to be served upon the persons as required by law. AND BE IT FURTHER ORDERED that, if this Order is not complied with, the City Manager is hereby authorized and directed to ask for bids for the abatement (buildings removal/ disposal/ securing) of the said dangerous building and nuisance. AND BE IT FURTHER ORDERED that, if this Order is not timely complied with and no timely appeal is taken, the City Manager may undertake the ordered corrective action at municipal expense and recover all expenses, including reasonable attorney’s fees, by means of a special tax or civil action. This decision may be appealed to Superior Court pursuant to Maine Rule of Civil Procedure 80B. The Municipal Officers of THE CITY OF SANFORD voted 5 to 0 in favor of this Findings and Order at the August 3, 2021 City Council meeting. The Municipal Officers of THE CITY OF SANFORD reviewed and voted 6 to 0 in favor of the authorizing the City Manager to sign this Findings and Order, record it in the Registry of Deeds at Book 18775, Page 332, and serve it upon the owner and parties-in-interest as required by Law, at the August 17, 2021 City Council meeting.
FINDINGS AND ORDER – DANGEROUS BUILDING – 18 WINTER ST, SANFORD MAINE
On May 18, 2021 the Municipal Officers of the City of Sanford, Maine held a hearing to determine whether 18 Winter Street, Sanford identified as Tax Map K28, Lot 67 and further described in a Deed recorded in the York County Registry of Deeds at Book 17371, Page 287 and Mortgages recorded at Book 14314, Page 300 and Book 14314, Page 326, is a dangerous building or a nuisance within the meaning of 17 M.R.S.A. §§ 2851-2859, and to determine what, if any, remedy is appropriate. Notice of this hearing was duly served on the owner and parties in interest and advertised in the newspaper on April 23, 30, and May 7 as required by Law when an owner or party in interest is unknown or is not ascertainable with reasonable diligence. In addition, notice of the option to participate in this hearing was communicated to the owner by email. Parties in interest did not communicate to the City of Sanford prior to the hearing that they intended to be present and testify at the hearing. The following persons were present and testified: A. City of Sanford Director of Community Development, Ian Houseal. B. City of Sanford Code Enforcement Officer, Aaron Lederer. C. Property Owner/Representative: none. Based on the testimony of those present and other evidence presented and made part of the record, the Sanford City Council hereby attests to the testimony and evidence and hereby finds the following facts: A. The owner has owned the two-dwelling-unit building (the property) since 2004. B. The building is abandoned as evidenced by: No water service to the building since July 2017, and therefore no habitable occupancy since that time; Doors and windows are broken, left unlocked, open, and missing and generally unsecure and the property is unmanaged and is therefore inviting to trespassers and vandals; Personal property and furnishings indicating habitable occupancy are absent from the property and any remaining personal property is damaged or unusable and generally describable as junk, debris, and household trash and is a fire hazard and is unsanitary; The building and property is deteriorating so as to constitute a threat to public health and safety; A mortgagee initiated foreclosure proceedings in December 2018 and has taken steps to take possession of the property, but has not completed that process; Vandalism and other illegal acts were committed on the premises; Electrical power is disconnected with no electrical meters present on the building. C. The building is dilapidated as evidenced by plant overgrowth, missing siding, broken windows, missing windows, broken doors, deteriorated decks. D. Inspections on May 16, 2019 and February 2, 2021 found violations of City Code § 90-13B(5), 2015 International Property Maintenance Code as adopted by reference: Unsecure building and trespassing reported from the Police. § 108.1.5.7; Deteriorated and unmaintained exterior; § 304.1. Deteriorating and sagging garage roof. § 304.1.1.8; Chimney falling down. § 304.11; Utilities disconnected. § 108.1.5; Structure in disrepair and lacks maintenance. § 108.1.3; Squatters found living in property. § 108.1.5; Exterior walls have holes, breaks, loose or rotting material. § 304.6; Decks are deteriorated and inadequately supported or anchored. § 304.1.1.12; Weed growth on exterior and through windows. § 302.4. E. Reports of trespassing were followed-up upon by the Police in eight instances between 2019 and May 2021 and other complaints illegal acts being committed on the premises have been made to local law enforcement agencies. F. The building was secured pursuant to 17 M.R.S.A. § 2856 and posted no trespassing on March 25, 2021 with Notice recorded in the Registry of Deeds at Book 18647, Page 108. Based on the foregoing findings, the Municipal Officers adjudge that 18 Winter Street is a dangerous building and nuisance because the building is unsafe and unsanitary; constitutes a fire hazard; is improper for the occupancy to which it is put; constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, and abandonment; and is otherwise dangerous to life and property because the abandoned building and unmanaged and uncared for condition of the property contributes to blight, acts as an attractive nuisance for vandalism and other illegal acts, all of which also negatively impact the property value, health, safety, and welfare of surrounding properties and their occupants and their wellbeing. THEREFORE IT IS ORDERED that to protect the health, safety, and welfare, the property is to be immediately secured within 24 hours. AND BE IT FURTHER ORDERED that any and all rubbish, debris, vehicles, equipment, household/human/hazardous waste, and dangerous materials are to be removed from the property and properly disposed and the property maintained free of debris and plant growth within 30 days. AND BE IT FURTHER ORDERED that to protect the health, safety, and welfare, the said dangerous building and nuisance is to be immediately abated (building removed/ disposed/ secured.) And be iT FURTHER ORDERED, if the owner or party in interest demonstrates the ability and willingness to satisfactorily rehabilitate the building by submitting and having a rehabilitation plan approved by the City Manager within 30 days of recording this Order and carrying out such rehabilitation plan in a timely manner, the Order to immediately abate the dangerous building and nuisance may be delayed. Such rehabilitation plan must include: At a minimum, all deficiencies listed as part of the findings of fact as herein set forth are corrected; The building is rehabilitated and brought into compliance with all applicable State and Local Codes and meets all permitting and inspection requirements; There shall be no occupancy or use of the building until the property has been satisfactorily rehabilitated. And be iT FURTHER ORDERED that the City Clerk record this Order in the York County Registry of Deeds and cause attested copies of this Order to be served upon the persons as required by law. AND BE IT FURTHER ORDERED that, if this Order is not complied with, the City Manager is hereby authorized and directed to ask for bids for the abatement (buildings removal/ disposal/ securing) of the said dangerous building and nuisance. AND BE IT FURTHER ORDERED that, if this Order is not timely complied with and no timely appeal is taken, the City Manager may undertake the ordered corrective action at municipal expense and recover all expenses, including reasonable attorney’s fees, by means of a special tax or civil action. This decision may be appealed to Superior Court pursuant to Maine Rule of Civil Procedure 80B. The Municipal Officers of THE CITY OF SANFORD voted 6 to 0 in favor of this Findings and Order at the May 18, 2021 City Council meeting. The Municipal Officers of THE CITY OF SANFORD reviewed and voted 5 to 0 in favor of the authorizing the City Manager to sign this Findings and Order, record it in the Registry of Deeds at Book 18689, Page 429, and serve it upon the owner and parties-in-interest as required by Law, at the June 1, 2021 City Council meeting.
FINDINGS AND ORDER – DANGEROUS BUILDING – 19 MILL STREET, SPRINGVALE MAINE
On August 3 2021 the City Council of the City of Sanford, Maine held a hearing to determine whether 19 Mill Street, identified as Tax Map K14, Lot 34 and further described in deeds recorded in the York County Registry of Deeds at Book 12199, Page 175 and Book 14121, Page 871, and Book 15297, Page 550 and Mortgages recorded at Book 14717, Page 666 and Book 14963, Page 428 is a dangerous building or a nuisance within the meaning of 17 M.R.S.A. §§ 2851-2859, and to determine what, if any, remedy is appropriate. Notice of this hearing was duly served on parties in interest and advertised in the newspaper on July 9, 16, and 23 as required by law when an owner or party in interest is unknown or is not ascertainable with reasonable diligence. The owner or parties in interest did not communicate to the City of Sanford prior to the hearing that they intended to be present and testify at the hearing. The following persons were present and testified: A. City of Sanford Director of Community Development, Ian Houseal. B. City of Sanford Code Enforcement Officer, Aaron Lederer. C. Property Owner/Representative: Lauren Thomas, Esq. Based on the testimony of those present and other evidence presented and made part of the record, the Sanford City Council hereby attests to the testimony and evidence and hereby finds the following facts: A. The owner has owned the single-dwelling-unit building (the property) since 2002, but abandoned the building, inappropriately allowing a single family dwelling to be used for no purpose other than a nuisance to the surrounding neighborhood. B. The Sanford City Council previously determined the property to be a dangerous building on February 6, 2018, the Findings and Order recorded in the York County Registry of Deeds at Book 17658, Page 772 authorizing securing of the property, and on or about April 9, 2018, the City carried out a securing action against squatters and vandals at the property so as to preserve the property. C. The building is abandoned as evidenced by: No water service to the building since July 2017, and therefore no habitable occupancy since that time; Doors and windows are broken, boarded, and open, and the property is generally unmanaged and unmaintained and is therefore inviting to trespassers and vandals and therefore unsafe; Personal property and furnishings indicating habitable occupancy are absent from the property and any remaining personal property is damaged or unusable and generally describable as junk, debris, household trash, and possibly hazardous, and is a fire hazard and is unsanitary; The building and property is deteriorating so as to constitute a threat to public health and safety; A mortgagee initiated foreclosure proceedings in January 2021 and has taken steps to take possession of the property, but has not completed that process to-date; As of July 26, 2021, a $1,314.10 special tax assessment is outstanding, indicating that the property is abandoned and unmaintained; Electrical power remains connected to the building with no electrical meters present on the building. D. The building is dilapidated as evidenced by plant overgrowth, missing siding, missing windows, broken doors, deteriorated decks and exterior stairs, collapsed roof, failed roofing, and unsecure building material. E. A recent inspection on July 9, 2021 found violations of City Code § 90-13B(5), 2015 International Property Maintenance Code as adopted by reference: Dangerous collapsed rear porch. § 108.1.5; Unsecure building and multiple broken windows. § 108.1.5.7 and 303.13.1 and 304.13; Overgrown vegetation. § 302.4; Building in poor repair. § 304.1; Unsafe conditions caused by blowing building material. § 304.1.1; Protective treatment is flaking and peeling and observed asbestos. § 304.2; Stairways, decks, and porches are in poor repair. § 304.10. Based on the foregoing findings, the Municipal Officers adjudge that 19 Mill Street is a dangerous building and nuisance because the building is unsafe and unsanitary; constitutes a fire hazard; is improper for the occupancy to which it is put; constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, and abandonment; and is otherwise dangerous to life and property because the abandoned building and unmanaged and uncared for condition of the property contributes to blight, acts as an attractive nuisance for vandalism and other illegal acts, all of which also negatively impact the property value, health, safety, and welfare of surrounding properties and their occupants and their wellbeing. THEREFORE IT IS ORDERED that to protect the health, safety, and welfare, the property is to be immediately secured within 24 hours. AND BE IT FURTHER ORDERED that any and all rubbish, debris, vehicles, equipment, household/human/hazardous waste, and dangerous materials are to be removed from the property and properly disposed and the property maintained free of debris and plant growth within 30 days. AND BE IT FURTHER ORDERED that to protect the health, safety, and welfare, the said dangerous building and nuisance is to be immediately abated (building removed/ disposed/ secured.) And be iT FURTHER ORDERED, if the owner or party in interest demonstrates the ability and willingness to satisfactorily rehabilitate the building by submitting and having a rehabilitation plan approved by the City Manager within 30 days of recording this Order and carrying out such rehabilitation plan in a timely manner, the Order to immediately abate the dangerous building and nuisance may be delayed. Such rehabilitation plan must include: At a minimum, all deficiencies listed as part of the findings of fact as herein set forth are corrected; The building is rehabilitated and brought into compliance with all applicable State and Local Codes and meets all permitting and inspection requirements; There shall be no occupancy or use of the building until the property has been satisfactorily rehabilitated. And be iT FURTHER ORDERED that the City Clerk record this Order in the York County Registry of Deeds and cause attested copies of this Order to be served upon the persons as required by law. AND BE IT FURTHER ORDERED that, if this Order is not complied with, the City Manager is hereby authorized and directed to ask for bids for the abatement (buildings removal/ disposal/ securing) of the said dangerous building and nuisance. AND BE IT FURTHER ORDERED that, if this Order is not timely complied with and no timely appeal is taken, the City Manager may undertake the ordered corrective action at municipal expense and recover all expenses, including reasonable attorney’s fees, by means of a special tax or civil action. This decision may be appealed to Superior Court pursuant to Maine Rule of Civil Procedure 80B. The Municipal Officers of THE CITY OF SANFORD voted 5 to 0 in favor of this Findings and Order at the August 3, 2021 City Council meeting. The Municipal Officers of THE CITY OF SANFORD reviewed and voted 6 to 0 in favor of the authorizing the City Manager to sign this Findings and Order, record it in the Registry of Deeds at Book 18775, Page 335, and serve it upon the owner and parties-in-interest as required by Law, at the August 17, 2021 City Council meeting.
FINDINGS AND ORDER – DANGEROUS BUILDING – 27 WILSON STREET, SANFORD MAINE
On August 3 2021 the City Council of the City of Sanford, Maine held a hearing to determine whether 27 Wilson Street, identified as Tax Map H31, Lot 4 and further described in a Deed recorded in the York County Registry of Deeds at Book 14590, Page 573 and Mortgages recorded at Book 14590, Page 575 and Book 15198, Page 399 is a dangerous building or a nuisance within the meaning of 17 M.R.S.A. §§ 2851-2859, and to determine what, if any, remedy is appropriate. Notice of this hearing was duly served on parties in interest and advertised in the newspaper on July 9, 16, and 23 as required by law when an owner or party in interest is unknown or is not ascertainable with reasonable diligence. The owner or parties in interest did not communicate to the City of Sanford prior to the hearing that they intended to be present and testify at the hearing. The following persons were present and testified: A. City of Sanford Director of Community Development, Ian Houseal. B. City of Sanford Code Enforcement Officer, Aaron Lederer. C. Property Owner/Representative: none. Based on the testimony of those present and other evidence presented and made part of the record, the Sanford City Council hereby attests to the testimony and evidence and hereby finds the following facts: A. The owner has owned the single-dwelling-unit building (the property) since 2005, but abandoned the building, inappropriately allowing a single family dwelling to be used for no purpose other than a nuisance to the surrounding neighborhood. B. The building is abandoned as evidenced by: No water service to the building since November 2010, and therefore no habitable occupancy since that time; Doors and windows are broken, boarded, and open, and the property is generally unmanaged and unmaintained and is therefore inviting to trespassers and vandals and therefore unsafe; Personal property and furnishings indicating habitable occupancy are absent from the property and any remaining personal property is damaged or unusable and generally describable as junk, debris, household trash, and possibly hazardous, and is a fire hazard and is unsanitary; The building and property is deteriorating so as to constitute a threat to public health and safety; A mortgagee initiated foreclosure proceedings in July 2010 and has taken steps to take possession of the property, but has not completed that process to-date; Electrical power is disconnected to the building with no electrical meters present on the building. C. The building is dilapidated as evidenced by plant overgrowth, missing, broken, and boarded windows, deteriorated exterior stairs, and deteriorated roof. D. An inspection on June 18, 2021 found violations of City Code § 90-13B(5), 2015 International Property Maintenance Code as adopted by reference: Unsecure dangerous building. § 108.1.5; Unsecure and open doors and multiple broken windows. § 108.1.5.7 and 303.13.1 and 304.13; Overgrown vegetation. § 302.4. Based on the foregoing findings, the Municipal Officers adjudge that 27 Wilson Street is a dangerous building and nuisance because the building is unsafe and unsanitary; constitutes a fire hazard; is improper for the occupancy to which it is put; constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, and abandonment; and is otherwise dangerous to life and property because the abandoned building and unmanaged and uncared for condition of the property contributes to blight, acts as an attractive nuisance for vandalism and other illegal acts, all of which also negatively impact the property value, health, safety, and welfare of surrounding properties and their occupants and their wellbeing. THEREFORE IT IS ORDERED that to protect the health, safety, and welfare, the property is to be immediately secured within 24 hours. AND BE IT FURTHER ORDERED that any and all rubbish, debris, vehicles, equipment, household/human/hazardous waste, and dangerous materials are to be removed from the property and properly disposed and the property maintained free of debris and plant growth within 30 days. AND BE IT FURTHER ORDERED that to protect the health, safety, and welfare, the said dangerous building and nuisance is to be immediately abated (building removed/ disposed/ secured.) And be iT FURTHER ORDERED, if the owner or party in interest demonstrates the ability and willingness to satisfactorily rehabilitate the building by submitting and having a rehabilitation plan approved by the City Manager within 30 days of recording this Order and carrying out such rehabilitation plan in a timely manner, the Order to immediately abate the dangerous building and nuisance may be delayed. Such rehabilitation plan must include: At a minimum, all deficiencies listed as part of the findings of fact as herein set forth are corrected; The building is rehabilitated and brought into compliance with all applicable State and Local Codes and meets all permitting and inspection requirements; There shall be no occupancy or use of the building until the property has been satisfactorily rehabilitated. And be iT FURTHER ORDERED that the City Clerk record this Order in the York County Registry of Deeds and cause attested copies of this Order to be served upon the persons as required by law. AND BE IT FURTHER ORDERED that, if this Order is not complied with, the City Manager is hereby authorized and directed to ask for bids for the abatement (buildings removal/ disposal/ securing) of the said dangerous building and nuisance. AND BE IT FURTHER ORDERED that, if this Order is not timely complied with and no timely appeal is taken, the City Manager may undertake the ordered corrective action at municipal expense and recover all expenses, including reasonable attorney’s fees, by means of a special tax or civil action. This decision may be appealed to Superior Court pursuant to Maine Rule of Civil Procedure 80B. The Municipal Officers of THE CITY OF SANFORD voted 5 to 0 in favor of this Findings and Order at the August 3, 2021 City Council meeting. The Municipal Officers of THE CITY OF SANFORD reviewed and voted 6 to 0 in favor of the authorizing the City Manager to sign this Findings and Order, record it in the Registry of Deeds at Book 18775, Page 338, and serve it upon the owner and parties-in-interest as required by Law, at the August 17, 2021 City Council meeting.
