Jennifer L.

Thompson
Associate Counsel

Gregory J. Nisbet
124 Noyes Street
Portland, ME 04103

Adam R. Lee
Associate Counsel

Michael I. Goldman
Associate Counsel

January 22, 2015

Re: 186-192 Dartmouth Street

Dear Gregory,

On January 20, 2015, pursuant to an Administrative Inspection Warrant

granted that same day by Judge Moskowitz in District Court, a Code Enforcement
Officer for the City of Portland as well as a Fire Inspector from the Portland Fire
Department inspected your building at 186-192 Dartmouth Street. You were
present to contest issuance of the Inspection Warrant and were permitted
opportunity to speak at that hearing. You were also present for inspection of 186192 Dartmouth Street and were verbally notified at that point as to the code
violations detailed below. Additionally, with respect to a portion of 186-192
Dartmouth, specifically 188 Dartmouth Street, you were previously notified as to the
existence 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 those
violations by your receipt that day of the Citys application for the Administrative
Inspection warrant, and did not contest them at the Inspection Warrant hearing.
Presently, your property at 186-192 Dartmouth Street has the following
building, fire, and safety violations:

Chapter 10-1 of City Code adopts the National Fire Protection

Association 101: Life Safety Code, 2009 edition (NFPA 101).
Your building at 186-192 Dartmouth Street violates NFPA 101 in the
following ways:

The primary escape route is exposed to an unprotected vertical

opening (Chapter 26.3.1.1.1);
All vertical openings have smoke and fire-resisting capability
of 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

Gregory J. Nisbet
January 23, 2015
Page 2

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 the

building (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. Each
of 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 will
occur on February 2, 2015 at which time compliance is required. You will be
required to pay a $150.00 re-inspection fee. See Chapter 10, Fire Prevention and
Protection, 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 the
property 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. If
you fail to comply, I intend to file that Citation and Complaint on February 3, 2015 in
District Court seeking injunctive relief, civil penalties and attorneys fees and costs.

Do not hesitate to contact Tammy Munson, Chuck Fagone, Keith Gautreau or

myself if you have any questions on how to remedy these violations or would like to
discuss this matter further.
Thank you in advance for your prompt attention to this matter.
Sincerely,

Enclosures
cc:

Adam R. Lee
Associate Corporation Counsel
389 Congress Street, Room 211, Portland ME 04101
www.portlandmaine.gov / tel. 207.874.8480 / tty. 207.874.8936 / fax. 207.874.8497