115.2019 Res. Set Hearing Unsafe Structure David Lupo
RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE
LOCATED AT 454 BAY ROAD OWNED BY DAVID LUPO
RESOLUTION NO. 115, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) has inspected a garage structure located at 454 Bay Road in the Town of Queensbury (Tax
Map No.: 296.16-1-12) and owned by David Lupo and found that the garage door is missing and the
roof on the south side of the garage has collapsed and needs to be removed as it presents a collapse
hazard for anyone entering the property, and
WHEREAS, by letter dated March 21, 2019, the Director advised the property owner that the
property owner must take appropriate measures to board up the garage door and remove the partially
collapsed roof but the Director has not yet received a response from the property owner, and
WHEREAS, the Director has advised the Town Board that in his opinion the garage structure
is dangerous and unsafe to the general public and therefore would like the Town Board to authorize
certain actions if the owner does not come forward to arrange for the boarding up of the structure and
the removal of the roof, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State
Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a
structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other
persons interested in the property that the structure must be boarded up and the roof removed,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town
Board is of the opinion that the garage structure located at 454 Bay Road in the Town of Queensbury
(Tax Map No.: 296.16-1-12) and owned by David Lupo appears to be in disrepair, dangerous and
unsafe to the public, and
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe
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structure on Monday, April 15, 2019 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay
Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and
Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its
executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in
the property, the contents, service and filing of the notice to be in accordance with the provisions of
Queensbury Town Code Chapter 60 and New York State Town Law §130(16).
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Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT:Mr. Metivier