450.2007
RESOLUTION ORDERING REMOVAL OF GARBAGE AND SECURING
OF UNSAFE STRUCTURE OWNED BY MICHAEL HOLMBERG AND
LOCATED AT 39 BELLE AVENUE, QUEENSBURY
RESOLUTION NO. 450, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) inspected a single family dwelling on property owned by Michael Holmberg located at 39
Belle Avenue in the Town of Queensbury (Tax Map No.: 303.16-1-38) following a fire that gutted the
attic area of the dwelling, and Mr. Hatin found a large amount of garbage in the basement and stairwell
to the basement, the roof structure to be severely damaged leaving the structure wide open to the
elements, and the building to generally be in disrepair, unusable and unsafe, and
WHEREAS, the Director advised Mr. Holmberg to take appropriate measures to remove the
garbage from the property and board up and secure the roof and structure as more specifically set forth
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in the Director’s July 23, 2007 letter to Mr. Holmberg, and
WHEREAS, by letter dated September 19, 2007 to the Director, the Town’s Health Officer
advised that in his opinion the structure is a health hazard and needs to be removed, and
WHEREAS, the Director advised the Queensbury Town Board that in his opinion the
structure is dangerous and unsafe to the general public and therefore requested that the Town Board
take action if the property owner failed to remove the garbage from the property and board up and
secure the roof and structure, and
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WHEREAS, on Monday, October 1, 2007, the Town Board declared the structure on the
property to be dangerous and unsafe to the public, and
WHEREAS, the Town Board held a hearing concerning this property on Monday, October
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15, 2007 and notice of this hearing was served in accordance with the provisions of New York State
Town Law §130(16) and Queensbury Town Code Chapter 60,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby orders Michael Holmberg to
immediately begin removing the garbage from the property and boarding up and securing the roof and
structure located at 39 Belle Avenue in the Town of Queensbury (Tax Map No.: 303.16-1-38) and
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complete such work by 5:00 p.m., November 16, 2007, and
BE IT FURTHER,
RESOLVED, that if the garbage is not removed and the roof and structure not boarded up and
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secured by November 16, 2007, the Town Board hereby authorizes and directs the Director of
Building and Codes Enforcement to make the necessary arrangements to demolish the structure, such
demolition work not to exceed an amount up to $15,000.00, and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury
Town Code Chapter 60, reparation/removal expenses may be assessed against the real property and the
Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the
repairs or removal, including legal expenses, if necessary.
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Duly adopted this 15 day of October, 2007, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT:None
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