Belfast’s city council is set to decide Tuesday whether to designate a deteriorating downtown building as a dangerous structure, which would clear the way for the city to potentially abate or demolish it at the owner’s expense.
The large white building at 333 High St. was an active Apostolic church for about eight years until shortly before James Constable bought it in 2011. Since then, it has been mostly vacant and generally unmaintained, according to the city, which took Constable to court over land use violations there last year.
A settlement agreement reached this summer requires the city to impose a dangerous building order in order to demolish it and cover the costs through a special tax if the owner doesn’t make improvements. But Constable said he plans to appeal any such vote.
Four years ago, the city’s code enforcement officer, Steve Wilson, sent a violation notice about outside property maintenance, he said in a memo. Wilson received a letter from Constable’s attorney that outlined unpermitted electrical work, window and door replacements there, which Wilson then added to the violations and sent as an updated violation letter, according to his memo.
Wilson fully inspected the inside with Constable’s engineer in 2024, he said, and two engineering reports found “significant structural failures.”
A 2024 report identified issues with the building’s foundation, supports, exterior surface drainage, ventilation, along with dry rot in timbers and mold, City Manager Erin Herbig said in a memo to councilors.
The council then authorized taking court action over the violations in February 2025 that went to civil trial.
Constable appealed a judgment against him to Maine’s Supreme Court, and the city then reached a settlement agreement this July.
He’s violating the court order and the settlement agreement by not having gotten necessary permits for making the building safe by the end of August, the city said.
Constable started some repairs, including a $45,000 new foundation, but it only addressed a “limited portion” of safety issues, according to court documents.
A court order on the property maintenance portion of the violations also noted Constable did not dispute many of the city’s claims.
That order also said that, while the building didn’t appear to be occupied, concerns about squatters contributed to the finding that the building was dangerous and a public risk.
It also found him responsible for $144,000 in fines and the city’s legal costs.
In a Sept. 30 email to the city included in Tuesday’s council packet, Constable said he objected to any motion to declare the building dangerous or demolish it, arguing it has been remediated and the city doesn’t have legal standing to find it dangerous.
More than $100,000 has been spent to remediate the building, he said, and he intends to appeal any finding against him to the Maine Supreme Judicial Court. Wilson’s memo said the city’s attorney advised that Constable couldn’t challenge the process or findings of the order because of the settlement agreement.
City officials and Belfast’s attorney are scheduled to discuss the proposed order at Tuesday’s meeting, followed by a public hearing and a council vote.
“The house is not dangerous. The city gave permission for people to work in it,” Constable said as part of a response to a request from the BDN for further comment Monday, referencing state building and energy codes that he believes prevent the city from moving ahead on the order.
