179.2017 Authorizing Commencement of Supreme Court Action to Enforce Code for Non-Compliant Property - 11 Wagon Trail RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO ENFORCE CODE AGAINST
NON-COMPLIANT PROPERTY
RESOLUTION NO.: 179,2017
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, Joseph Orlow is believed to be the owner of property located 11 Wagon Trail 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 stop work order in August of 2015 until a building permit is secured, and
WHEREAS, the owner has failed to obtain the administrative approvals necessary for a
building permit to be issued, and
WHEREAS, the unfinished structure is in violation of Town Code and State Property
Maintenance 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 Property Maintenance Codes, and
WHEREAS, the Town is authorized to enforce State Property Maintenance Codes,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a
Supreme Court Action concerning the 11 Wagon Trail 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 19ffi day of June, 2017,by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Strough
NOES None
ABSENT : Mr. Brewer