191.2017 Supreme Court Action Againt 32 Brayton Rd RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO ENFORCE CODE AGAINST
NON-COMPLIANT PROPERTY-32 BRAYTON ROAD
RESOLUTION NO.: 191,2017
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, Timothy Coughtry and Kimberly Mariani are believed to be the owners of
property located 32 Brayton Road in the Town of Queensbury, and
WHEREAS, construction of a new structure had been commenced on the property without
first obtaining a building permit, and
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director) issued a letter of non-compliance on March 2, 2017 requiring the owner to obtain the
necessary approvals or to remove the structure, and
WHEREAS, the owner has since failed to obtain the administrative approvals necessary for a
building permit to be issued and has not removed the structure, and
WHEREAS, the structure is in violation of Town Code and State Residential Building Code
requirements, and
WHEREAS, despite reasonable efforts to bring about voluntary compliance, the property
remains in a condition which violates the Town Code and State Residential Building Codes, and
WHEREAS, the Town is authorized to enforce State Residential Building Codes,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a
Supreme Court Action concerning the 32 Brayton Road property in the Town of Queensbury to
compel compliance with any and all applicable Town Code and State Code provisions together with a
request for costs and expenses associated with litigation, 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 further 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 further 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.
Duly adopted this 3rd day of July, 2017,by the following vote:
AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
ABSENT : None