The city of Portland plans to file a complaint this week against the landlord who owns the Noyes Street apartment building where six people died in a fire in November because he failed to address code violations at a different apartment building on Dartmouth Street, the city’s spokeswoman said.
Gregory Nisbet failed to meet a deadline Monday for correcting fire-safety and city code violations, prompting the city to pursue legal action against him, Jessica Grondin said Wednesday. Officials were attempting to reach Nisbet before filing the land use citation and complaint against him in Portland District Court, something the city attorney warned would happen in a letter to Nisbet on Jan. 22.
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The letter listed code violations found during a city inspection on Jan. 20, which was Nisbet’s first deadline for addressing issues at 188 Darmouth St., one of two apartment units in the converted house. The city had to obtain a warrant to inspect the other portion of the two-unit building at 186 Darmouth St., because tenants previously had refused to let inspectors in.
Violations found on Jan. 20 during inspections of both units included an open staircase as the primary escape route, no fire alarm system, no secondary means of escape in bedrooms and living areas, trash accumulated in the building, a blocked rear exit and a missing smoke detector.
Grondin said the city would typically give a landlord another 30-day notice to address code violations, but officials decided to take action sooner because of the condition of the building and in light of the deadly fire on Noyes Street, where there were similar issues.
Both buildings appear to have been used as unlicensed rooming houses, which have more extensive life-safety requirements than apartment buildings, officials have said.
The Cumberland County District Attorney’s office is reviewing whether to bring criminal charges against Nisbet for the Noyes Street fire, because of the possible improper use of the building. Tenants who escaped the fire said they individually negotiated with Nisbet to rent their rooms.
Nisbet is also facing at least four civil lawsuits filed on behalf of the victims of the fire.
His attorney, David Chamberlain, did not return a call Wednesday seeking comment on the pending complaint from the city. Chamberlain has denied that the Dartmouth Street property was a rooming house and said that the tenants were responsible for most of the violations.
The city first inspected 188 Dartmouth St. in December after tenants complained that Nisbet hadn’t responded to their concerns about black mold, a lack of fire detectors and combustible materials stored near a furnace.
After the complaint that led to the city inspections, Nisbet sought to evict the tenants, saying they had caused damaged to the property. Nisbet and the tenants reached an agreement last month in Portland District Court for them to voluntarily leave by Feb. 15.
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