NOTICE OF VIOLATION CITY OF BELFAST CODE OF ORDINANCES CHAPTER 74, BUILDINGS & BUILDING REGULATIONS
September 8, 2009 Burleigh Hutchins, owner Belfast Bridge, LLC 948 Cronin Road West Brookfield, MA 01585 RE: Belfast Bridge LLC Property, Map 11, Lot 132
Dear Mr. Hutchins: The Belfast City Council entered a contract rezoning agreement with Belfast Bridge, LLC on September 20, 2005 to allow you to redevelop the property you own that is located at 101 Front Street, Map 11, Lot 132, the former site of the Stinson Seafoods processing facility. Wayne Marshall, Director, Department of Planning and Community Development, in a letter dated July 27, 2009, outlined the City’s concerns regarding the condition of the property you own, outlined several steps the City requested you take to secure the property and to ensure the property is in compliance with the City Property Maintenance Code, and also identified issues that are germane to compliance with requirements of the adopted contract rezoning agreement. Reflecting the City’s concern, I chose to conduct a thorough inspection of your property to determine the status of work that may have occurred and the current state of the property. Pursuant to my inspection of September 4, 2009, I find that the property (Map 11, Lot 132) is in violation of requirements of the City of Belfast, Code of Ordinances, Chapter 74, Buildings and Building Regulations. More specifically, I find that your property is in violation of the following requirements of the Chapter 74, and I order you to perform the remedies outlined in this letter to correct said violations, and to perform and complete the remedies by the stipulated dates. I note that there are four separate buildings on the property, there is open ground, and there are marine facilities constructed in Penobscot Bay on which this property fronts. I have used the Topographic Survey dated February 15, 2005 prepared by Gartley & Dorsky Engineering, for Belfast Bridge, LLC, Stinson Property, to assist all persons in identifying the buildings and areas which are described in my letter. I also note that the buildings and marine facilities that now
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exist on your property have been altered by you during the course of project construction and that the buildings do not necessarily have the same footprint as shown on this survey. Lastly, I have attached a series of photographs taken by the Department on September 1 and 4, 2009 to document the condition of buildings 1, 2 and 3 and the open areas on the property. Building # 1. Building located on the northwesterly portion of the property. Building fronts directly on Penobscot Bay and is near the Belfast Footbridge. Observations I observed that the condition and structural integrity of Building # 1 has been greatly altered by project construction that has occurred since the City issued Building Permit # ---- to Belfast Bridge, LLC, in March 2005. I observed the following: 1. The original upper floor and roof of the building has been removed. The current ‘roof’ for most of the structure is now what was originally the floor of the third floor of the building. While there is no stairway access to this roof or third floor, it is possible to climb the remnants of a concrete block wall on the second floor to access the third floor. There are numerous openings on the roof/floor which are open to the elements and allow rain to freely enter the structure. There are no security barriers on the roof (third floor) at any point to warn a person that they are approaching the edge of the building. 2. Walls on the four sides of the building have been greatly altered, windows and doors have been removed and the sides of the building include many open and unsecured areas. For example, it is now possible to stand on Front Street (on which this property has frontage), and to look through wide openings in the building and to see the waters of Penobscot Bay on the other side of the building. All of the openings are large enough to freely allow a person to access the structure. While the owner has installed plywood or plastic snow fencing on the Front Street side of some of the openings, many of these security measures have been breached. Further, there are no security measures installed in any opening on the side of the building adjacent to Penobscot Bay, which means a person could pass unimpeded from the structure to the Bay, and fall into the adjacent coastal waters. It is a steep drop from the building to the Bay, and the Bay is subject to tide conditions and there are rocks, pilings and similar features along the shoreline. 3. Support columns have been altered, concrete is sloughing off of the columns to expose the rebar, bolts that support the columns are exposed and deteriorating, and columns are separated from the floors they are intended to support. Also, the owner started to (re)construct some of the columns, and some of these uncompleted columns now lay on the first floor of the building. 4. Large and small sections of the floors have been removed from what is now the ceiling of the first floor and the ceiling of the second floor of the structure. There are no barriers to alert a person of the opening in the floor, and these openings expose the building to the elements. I observed weeds and moss growing on both the first and second floor of the building, I observed standing water on the first and second floor, and I observed what appeared to be bicycle tracks in mud that had settled on the first and second floor. 5. I observed an electrical panel box and electrical fixtures that was openly exposed and accessible in the southwest corner of the building.
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I observed discarded construction materials, including lumber with exposed nails, particularly on the first floor, and pipe tossed into the corner of the building. 7. I observed that an extensive amount of graffiti has been painted on many of the inside walls, particularly on the first floor, which is evidence that persons have easily been able to access the building and that it is not property secured. 8. I observed that a section of plastic snow fence that was installed on the northwest corner of the building adjacent to the City Footbridge is no longer intact, and that the lack of good quality security fencing in this area easily allows persons to access the structure and to walk throughout the structure. 9. I observed that the one set of interior stairs that allows access from the first floor to the second floor has not been secured, and that it easily allows any person to access the second floor. Also, the hand rail on this set of stairs is badly damaged and is no longer safe. 10. The building is about 220 feet in length and 65 feet in width, however, there is only 1 badly worn and barely visible sign to alert persons not to trespass on the property. The building’s location along the waterfront and adjacent to the City Footbridge across the Passagassawakeag River, and the former railroad line which the City owns that traverses the property and which pedestrians use to access the Footbridge speaks to the need for a building to be well secured and sufficient notice of no trespassing being installed. 11. There is a marine dock located on the northwest corner of the property, near the City Footbridge, and there is no protective railing around this dock. 12. I did not observe any active use of the building by the owner. I have attached several photographs that document the condition of building # 1. Finding of Violations & Remedy of Violations Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article II, Building Code, Section 119, Unsafe Structures and Equipment, I hereby find that Building # 1 is a vacant structure that is not secured against entry and that I deem said structure to be unsafe. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, Section PM-106, Violations, Subsection 106.1, Unlawful acts, I hereby find the owner has altered and removed portions of Building # 1 and that such actions have resulted in Building # 1 to be in conflict with and in violation of the provisions of Chapter 74. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, Section PM -108, Unsafe Structures, Subsections PM-108.1 and PM108.3, I hereby find that Building # 1 is unsafe; it is unfit for human occupancy; it is dangerous to the life, health, property and safety of the public; and that the structure is so damaged, decayed and dilapidated to be structurally unsafe. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, Section PM - 109, Emergency Measures, Subsection PM-109.1, Imminent Danger, I hereby find that Building # 1 is in imminent danger of failure or collapse and that the deteriorated condition of the building endangers life. Pursuant to the powers granted me
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through Section PM-109, Emergency Measures, Subsection 109-1, I intend to post the following notice on the building; “This Structure is Unsafe and its Occupancy has been Prohibited by the City of Belfast Code Enforcement Officer”. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, Section PM – 109, Emergency Measures, Subsection PM – 109.2, Temporary Safeguards, I hereby find that the condition of the building poses an imminent danger due to its unsafe condition, and find that owner must take actions to render the structure temporarily safe. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, Section PM – 110.0, Demolition, Subsection PM-110.1 General, I hereby find that building # 1 is so dilapidated and out of repair so as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy, that it is unreasonable to repair such structure, and that there has been a cessation of normal construction on the structure for a period of two or more years. Through the service of this letter, I hereby condemn the building and order the owner to abate and remedy the violations by performing the following actions. Action # 1. By Thursday, October 1, 2009, the owner shall have completed all required measures to secure building # 1 such that no unauthorized person can access the premises. At a minimum, this shall include: • Installing properly secured chain link fencing or plywood across all openings on the Front Street side of the building so that a person cannot access the interior of the building. • Installing properly secured chain link fencing on the northwest corner of the property so that a person cannot access the property, the small dock near this corner or the interior of the building from Pierce Street or the Belfast Footbridge This fencing shall be a minimum of 6 feet in height. • Installing a properly secured chain link fence or plywood across any opening on the rear of the building that can be accessed from the adjacent ground on the owner property that is located near the Footbridge. • Installing a properly secured chain link fence that is at least 6 feet in height across the boat ramp located between building # 1 and # 2. • Installing a properly secured fence on the second floor of the northwest side of the building that is exposed to persons being able to climb onto to this floor from the adjacent ground. There is an existing wooden fence around this corner of the building on this floor, however the existing wooden fence is broken in locations and I deem it inadequate to prevent access to the building. • A barrier shall be installed to prevent use of the interior stairway that connects the first floor to the second floor. • Posting adequate signs on Building # 1 to clearly identify that there shall be no trespassing in the building. Action # 2. By October 15, 2009, the owner shall begin the demolition of building # 1 and by Tuesday, December 15, 2009, the owner shall complete the razing, removal and demolition of
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building # 1 and shall properly collect and dispose of all demolition debris. All construction debris must be removed from the site. In demolishing building # 1, the owner may request that the in-ground (first floor) concrete slab remain, provided that any and all portions of the slab that could pose a safety risk are removed. The owner shall obtain a demolition permit prior to the start of demolition, and shall comply with the stipulations of said permit. Post demolition of the building, the owner shall secure the area such that persons cannot access the slab (should it remain) or the dock located on the northwest corner of the property. Action # 3. The owner shall regularly monitor the site to ensure that persons are not improperly accessing building # 1. Building # 2. Wooden building located to the south of Building # 1. Building fronts directly on Penobscot Bay. Observations I observed that the exterior of Building # 2 has not been greatly changed by project construction that has occurred since the City issued Building Permit # ---- to Belfast Bridge, LLC, in March 2005. I did not enter the building, thus I offer no observations regarding the interior of the building. I observed the following: 1. One or more of the windows in the building are broken. 2. The paint on the exterior of the building is in poor condition. 3. There is inadequate signage on the building to advise unauthorized persons not to trespass. 4. There did not appear to be any active use of the building. 5. There are weeds that are greater than 10” in height adjacent to the building. I have attached several photographs that document the condition of building # 2. Finding of Violations & Remedy of Violations Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article II, Building Code, Section 119, Unsafe Structures and Equipment, I hereby find that Building # 2 is a vacant structure that is not secured against entry and that it is unsafe. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, PM - Section 108, Unsafe Structures and Equipment, Subsection PM – 108.2, Closing of Vacant Structures, I hereby find that Building # 2 is an attractive nuisance. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, PM – Section 109, Emergency Measures, Subsection PM – 109.2 Temporary Safeguards, I hereby find that the condition of the building poses an imminent danger due to its unsafe condition, and find that owner must take actions to render the structure temporarily safe.
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Through the service of this letter I hereby order the owner to abate and remedy the violations by performing the following actions. Action # 1. By Thursday, October 1, 2009, the owner shall secure building # 2 such that no person can inappropriately access the interior of the premises. At a minimum, this includes: • Installing new windows or plywood over any existing open or broken window so that a person cannot access the interior of the building. This also includes disposing of any broken glass. • Installing a properly secured chain link fence that is at least 6 feet in height across the boat ramp located between building # 1 and # 2. • Posting adequate signs on Building # 2 to clearly identify that there shall be no trespassing in the building. Action # 2. The owner shall regularly monitor the site to ensure that persons are not improperly accessing building # 2. Building # 3. This is the yellow color steel sided building that is located adjacent to Front Street, and which is near the middle of the property. Observations I observed that the exterior of Building # 3 has not been greatly changed by project construction that has occurred since the City issued Building Permit # ---- to Belfast Bridge, LLC, in March 2005. I checked all access doors to the building and found that two of the doors were unlocked, and I entered the interior of the building through both of the doors. 1. Numerous windows in the building are broken, broken glass is present and remains in the window frame, and one or more of these windows could be used to access the building. 2. The glass in the door that allows access to a small room adjacent to Front Street, which appears to be a furnace room, is broken, and the door is not locked. Thus, it is possible to access this room simply by opening the door. This door allowed access only to this small room. 3. One of the entry doors on the Front Street side of the structure was unlocked and this door allowed access throughout any portion of the interior of the structure. I entered the building and observed that portions of the interior were disheveled, which was indicated by letter size paper strewn over the floor. It also was clear that the owner was using a portion of the interior of the building for the storage of building materials. Except for the storage of building materials, there did not appear to be any active use of the building. No persons were in the building and no equipment, such as maintenance equipment, was stored in the building 4. There is inadequate signage on the building to advise unauthorized persons not to trespass. 5. There are weeds that are greater than 10” in height adjacent to the building. 6. There is graffiti painted on at least one of the exterior walls of the building. I have attached several photographs that document the condition of building # 3.
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Finding of Violations & Remedy of Violations Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article II, Building Code, Section 119, Unsafe Structures and Equipment, I hereby find that Building # 3 is a vacant structure that is not secured against entry and that it is unsafe. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, Section 108, Unsafe Structures and Equipment, Subsection PM – 108.2, Closing of Vacant Structures, I hereby find that Building # 3 is an attractive nuisance. Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, PM – Section 109, Emergency Measures, Subsection PM – 109.2 Temporary Safeguards, I hereby find that the condition of the building poses an imminent danger due to its unsafe condition, and find that owner must take actions to render the structure temporarily safe. Through the service of this letter I hereby order the owner to abate and remedy the violations by performing the following actions. Action # 1. By Thursday, October 1, 2009, the owner shall secure building # 3 such that no unauthorized person can inappropriately access the interior of the premises. At a minimum, this includes: • Installing new windows, plywood, or similar materials over any existing open or broken window so that a person cannot access the interior of the building, and removing any and all broken glass. • Placing new glass or plywood in the window of the door that leads to the small furnace room and ensuring that this door is properly secured to prevent unlawful entry. • Ensuring all doors on building # 3 are properly secured so as to prevent unlawful entry. • Removing all graffiti from any exterior wall of the building. • Posting adequate signs on Building # 2 to clearly identify that there shall be no trespassing in the building. Action # 2. The owner shall regularly monitor the site to ensure that persons are not improperly accessing building # 3. Building # 4. This is the 14,000 square foot blue in color metal sided building located on the southerly side of the property. Observations I observed that the exterior and interior of Building # 4 has not been greatly changed by project construction that has occurred since the City issued Building Permit # ---- to Belfast Bridge, LLC, in March 2005. I also note that the owner has leased this building to French & Webb, a Belfast boat builder, and that this building is actively being used to support their boat building operations. I further offer that the City was made aware of this lease at the time that it occurred
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and that the City found that this use of the building was consistent with terms of the adopted contract rezoning agreement between Belfast Bridge, LLC and the City. Finding of Violations & Remedy of Violations Based on my observations and my knowledge of the contract rezoning agreement, I hereby find that there are no violations at this point in time with respect to building # 4. Open Grounds on the Property Observations. A considerable amount of the property consists of open undeveloped ground, most of which has a gravel surface and a limited amount of soil. It appears that much of the property has recently been mowed. I also observed the following during my inspection: 1. Portions of the property remained overgrown with weeds or similar vegetation that was 10 or more inches in height, including weeds near the foundations of several of the buildings. 2. There was a tractor trailer body stored on the site near building # 2. 3. There is decking for marine facilities stored to the south of building # 4. 4. There is graffiti painted on the old concrete supports for the former oil storage tanks on the property. I have attached several photographs that document the condition of the grounds on the property. Finding of Violations & Remedy of Violations Pursuant to City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance, and by reference, Chapter 3, General Requirements, of the International Property Maintenance Code, I hereby find that the maintenance of the exterior property areas on the site is not in compliance with Section 302, Exterior Property Areas, Subsection 302.4, Weeds, and Subsection 302.9, Defacement of Property. Through the service of this letter, I hereby order the owner to abate and remedy the violations by performing the following actions. Action # 1. By Thursday, October 1, 2009, the owner shall complete mowing the premises and exterior of the property by removing all weeds or plant growth (does not include landscaping or trees) that are greater than 10 inches in height. Further, the owner shall regularly maintain the property to prevent the reoccurrence of offensive weeds. Action # 2. By Thursday, October 1, 2009, the owner shall complete removal of the graffiti from the former oil tank supports, and shall regularly keep such structures and other buildings on the premises free from graffiti.
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This is my official determination as the City of Belfast Building Inspector and Code Enforcement Officer, in accordance with Chapter 74, Building and Building Regulations. The failure of the owner to comply with requirements of this notice of violation shall result in a minimum fine of $100 for each day, as each day is a separate violation. Further, the City considers each building to be a separate and distinct violation. Said fines are stipulated in the City of Belfast Code of Ordinances: reference Chapter 74, Buildings and Building Regulations, Article II, Building Code, Subsection 116.4, Violation Penalties; Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance Code, Subsection PM-107.4, Penalties; and Title 30-A, MRSA Section 4452. Further, pursuant to the City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article V, Property Maintenance Code, Subsection 121, Means of Appeal, and Chapter 102, Zoning, Article II, Administration, Division 4, Appeals and Variances, you have the right to appeal this Notice of Violation and Order to the Belfast Zoning Board of Appeals. An appeal must be filed within 30 days of the date of the Notice of Decision, which date is September 8, 2009. I also have chosen to attach selected sections of the City Code of Ordinances, Chapter 74, Buildings and Building Regulations, Article II, Building Code, and Article V, Property Maintenance Code, to assist you in your review of this Notice of Violation. Questions regarding this Notice of Violation should be directed to me at the Department of Planning and Community Development, 338-1417 x 25. On Behalf of the City of Belfast David Studer Code Enforcement Officer & Building Inspector Attachments; City Code of Ordinances, Chapter 74 Photographs of Property cc: Edmond Bearor, Rudman-Winchell, Attorney for Belfast Bridge, LLC William Kelly, Kelly & Associates, Attorney for City of Belfast Wayne Marshall, Planning & Community Development Director, City of Belfast Joseph Slocum, City Manager, City of Belfast
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