176.2016 Authorize Commencement - Supreme Court Action - 28 Linette Lane
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO ENFORCE CODE AGAINST
NON-COMPLIANT PROPERTY
RESOLUTION NO.: 176, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, Christiana Trust, a division of Wilmington Savings Fund Society, is believed
to be the owner of property located 28 Linette Lane in the Town of Queensbury and identified as
Tax Map Parcel No. 308.10-1-8 (the “Property”), which is improved with a principal dwelling and
in-ground swimming pool, and
WHEREAS, it is believed that the owner is a lending institution and the Property remains
vacant, and
WHEREAS, the Property is not being maintained in accordance with Town Code and State
Property Maintenance Code requirements, and
WHEREAS, two large sink holes, both being several feet in diameter and depth, have
developed on the Property, causing the collapse of a portion of fencing and which undermine the
integrity of the Property and pose a significant and immediate threat to public health and safety, and
WHEREAS, the Property is located in a residential area where several children reside, and
WHEREAS, the Town of Queensbury’s Director of Building and Codes (the “Director”)
has been in contact with a property maintenance company, Safeguard Properties (“Safeguard”),
which is believed to be the agent for Christiana Trust, in an attempt to have the Property owner fill
the sinkholes and repair or replace the fencing and the Director has notified Safeguard that if it
failed to do so, he would seek to have the Town Board authorize the necessary repair work and have
the cost of such work assessed against the Property, and
WHEREAS, the Director has written Christiana Trust and advised it of the sinkholes and
demanded that they be remedied, and
WHEREAS, despite reasonable efforts to bring about voluntary compliance, the Property
remains in a condition which violates the Town Code and State Property Maintenance Code and,
more significantly, poses an imminent danger to the health and safety of the public, and
WHEREAS, the Town is authorized to enforce the State Code and has the authority to
commence an action in Warren County Supreme Court to compel compliance with the Town and
State Codes, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board finds that the sinkholes and collapsed
fencing at the Property have created an emergency situation which poses an imminent and
significant threat the health and safety of the public, and
BE IT FURTHER,
RESOLVED, that if the sinkholes at the Property are not filled and the collapsed fence
repaired by May 7, 2016, the Town Board hereby authorizes commencement of a Supreme Court
Action to compel compliance with any and all applicable Town Code and State Code provisions,
which Action may seek among other things:
1.An Order for preliminary and permanent relief to compel compliance with the
Town Code and State Code; and
2.Fines and penalties for the continued violation of the Town and State Codes; and
3.An award of attorney’s fees and costs associated with the Action; and
4.An Order authorizing the Town to enter the Property and repair the sinkholes and
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the related damaged fencing and authorizing the Town to assess all costs related
to the necessary work against the Property to be collectible in the same manner as
real property assessments; and
BE IT FURTHER,
RESOLVED, that the Supreme Court Action may be commenced against any and all
persons believed to have any legal interest in the Property and/or any obligation to remedy the
violations, and
BE IT FURTHER,
RESOLVED,that the Town Board authorizes and directs the Town’s Budget Officer to
arrange for payment of any Court and/or litigation costs related to this matter from the account(s)
deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs Town Counsel to file any
necessary documentation to commence such Court action and the Town Supervisor, Town
Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any
and all action necessary to effectuate all terms of this Resolution.
nd
Duly adopted this 2 day of May, 2016, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES : None
ABSENT : None
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