BOH 13.2016 Res. Declaring Health Hazard for 201 Fifth St. Martin & Shumate
RESOLUTION DECLARING A HEALTH HAZARD AND ORDERING
CLEAN-UP OF PROPERTY LOCATED AT 201 FIFTH STREET
EXTENSION AND OWNED BY JOLENE M. MARTIN AND CHRISTINE M.
SHUMATE (TAX MAP #: 309.11-1-76)
RESOLUTION NO. BOH 13, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) has advised the Town’s Local Board of Health that he has received complaints about a large
amount of junk, debris and garbage on the property owned by Jolene M. Martin and Christine M.
Shumate located at 201 Fifth Street Extension in the Town of Queensbury (Tax Map No.: 309.11-1-
76), and
WHEREAS, the Director has investigated and inspected the property and has advised that
there is a large amount of junk, debris and garbage on such property, as well as on a back porch on the
residence and inside a large storage shed on the property, and therefore, in his opinion, there are
violations of the Town’s Garbage and Junkyard Ordinances, the property constitutes a health hazard
and nuisance to the neighborhood as there are small children in proximity to the property, the property
is unsafe to the general public and the owners have abandoned the property, and therefore the Director
strongly recommends that the Board of Health take immediate action to clean-up the property, and
WHEREAS, the Director has further advised the Town Board that he has attempted to
provide notice of the Code violations to the property owners but he has been unable to contact them
and his correspondence to them has been returned marked “undeliverable,” and
WHEREAS, by letter dated May 9, 2016, the Town’s Health Officer advised that he inspected
the property and found that the house has apparently been abandoned, there is garbage on the back
porch and in the storage shed which could be a breeding ground for disease-carrying animals, and
therefore, in his opinion, the property is a health hazard and needs to be cleaned-up, and
WHEREAS, the Director has advised that “Any & All Debris BAPP’S TRUCKING &
Container Service, Inc.,” can remove the waste from the property for an amount of $800,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing all of the evidence presented at this time, the Town of
Queensbury Local Board of Health is of the opinion that the property owned by Jolene M. Martin and
Christine M. Shumate and located at 201 Fifth Street Extension in the Town of Queensbury (Tax Map
No.: 309.11-1-76) appears to be a potential object of attraction to rodents and animals, a nuisance,
health hazard, unsafe and dangerous and there is a clear and imminent danger to the life, safety or
health of the general public and therefore directs the Director of Building and Codes Enforcement to
arrange with Any & All Debris BAPP’S TRUCKING & Container Service, Inc. for the immediate
clean-up of the property and thereafter assess any charge to the real property in accordance with the
emergency provisions of the New York Public Health Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes payment in an amount not to exceed
$800 to Any & All Debris BAPP’S TRUCKING & Container Service, Inc. for the immediate clean-up
services to be paid for from such account(s) as will be determined by the Town’s Budget Officer and
the Town Board authorizes and directs the Town Budget Officer to make any needed budget transfers
or amendments to the 2016 Town Budget as may be necessary to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement and/or Town Budget Officer to take any other action
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 16 day of May, 2016 by the following vote:
AYES : Mr. Irish, Mr. VanNess. Mr. Strough, Mr. Metivier, Mr. Clements
NOES : None
ABSENT : None