7/26/2019 Ltr to Nisbet re Dartmouth Violations Final.pdf

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Jennifer L. Thompson Adam R. Lee Michael I. GoldmanAssociate Counsel Associate Counsel Associate Counsel

January 22, 2015

Gregory J. Nisbet124 Noyes StreetPortland, ME 04103

Re: 186-192 Dartmouth Street

Dear Gregory,

On January 20, 2015, pursuant to an Administrative Inspection Warrantgranted that same day by Judge Moskowitz in District Court, a Code EnforcementOfficer for the City of Portland as well as a Fire Inspector from the Portland FireDepartment inspected your building at 186-192 Dartmouth Street. You werepresent to contest issuance of the Inspection Warrant and were permittedopportunity to speak at that hearing. You were also present for inspection of 186-192 Dartmouth Street and were verbally notified at that point as to the codeviolations detailed below. Additionally, with respect to a portion of 186-192Dartmouth, specifically 188 Dartmouth Street, you were previously notified as to theexistence of several violations at that property by certified letter on December 17,2014, a copy of which is attached. You were also notified as to the details of thoseviolations by your receipt that day of the Citys application for the AdministrativeInspection warrant, and did not contest them at the Inspection Warrant hearing.

Presently, your property at 186-192 Dartmouth Street has the followingbuilding, fire, and safety violations:

Chapter 10-1 of City Code adopts the National Fire ProtectionAssociation 101: Life Safety Code, 2009 edition (NFPA 101).

Your building at 186-192 Dartmouth Street violates NFPA 101 in thefollowing ways:

The primary escape route is exposed to an unprotected verticalopening (Chapter 26.3.1.1.1);

All vertical openings have smoke and fire-resisting capabilityof less than half an hour (Chapter 26.3.1.1.1.1);

389 Congress Street, Room 211, Portland ME 04101

www.portlandmaine.gov / tel. 207.874.8480 / tty. 207.874.8936 / fax. 207.874.8497

7/26/2019 Ltr to Nisbet re Dartmouth Violations Final.pdf

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Gregory J. NisbetJanuary 23, 2015

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There is no fire alarm system (Chapter 26.3.4.1.1 and 9.6);

Sleeping rooms and living areas lack a secondary means of

escape (Chapter 26.2.1.2); Doors are locked against egress when the building is occupied

(Chapter 26.2.3.5.1).

Your building also contains the following violations of City Code:

There is garbage, rubbish and debris accumulated in thebuilding (Chapter 22-3(a));

The rear egress is blocked(Chapter 6-116(c)); The smoke detector located in the second floor hallway is

missing. (Chapter 6-116(e)).

Please consider this your final opportunity to correct these violations. Eachof these findings of violation are appealable decisions, and accordingly, you have ten(10) days from todays date to appeal to the Board of Appeals. A re-inspection willoccur on February 2, 2015 at which time compliance is required. You will berequired to pay a $150.00 re-inspection fee. See Chapter 10, Fire Prevention andProtection, 10-25.2. This must be paid within thirty (30) days of the re-inspection.Failure to pay the assessed fee will result in the City assessing a lien against theproperty pursuant to 1-16 of the Code.

If you fail to comply by remedying these violations by February 2, 2015, the

City will be forced to bring an M.R. Civ. P. 80K enforcement action against you. Ifyou fail to comply, I intend to file that Citation and Complaint on February 3, 2015 inDistrict Court seeking injunctive relief, civil penalties and attorneys fees and costs.

Do not hesitate to contact Tammy Munson, Chuck Fagone, Keith Gautreau ormyself if you have any questions on how to remedy these violations or would like todiscuss this matter further.

Thank you in advance for your prompt attention to this matter.

Sincerely,

Adam R. LeeAssociate Corporation Counsel

Enclosurescc:

389 Congress Street, Room 211, Portland ME 04101

www.portlandmaine.gov / tel. 207.874.8480 / tty. 207.874.8936 / fax. 207.874.8497