076.2008
RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE
LOCATED ON PROPERTY OWNED BY
HAROLD POTTER
RESOLUTION NO. 76, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) and the Town Health Officer inspected a single family dwelling on property owned by
Harold Potter located at 38 Howard Street in the Town of Queensbury (Tax Map No.: 301.20-1-36)
and found that the conditions within the home are not livable as there is no indoor plumbing, there is a
large amount of garbage and rubbish in and around the property, Mr. Potter has failed to provide
necessary sanitary arrangements, and the building is generally in disrepair, unusable and unsafe, and
WHEREAS, the Director advised Mr. Potter to take appropriate measures to correct the
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above conditions as more specifically set forth in the Director’s November 28, 2007 letter presented
at this meeting, and
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WHEREAS, by letter dated December 6, 2007, the Town’s Health Officer has advised that in
his opinion the structure should be condemned as the conditions are non-habitable for safe human
living, and
WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the
structure is dangerous and unsafe to the general public and therefore would like the Town Board to
take action if the property owner fails to vacate and remove the structure from the property, 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 demolished and 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 structure owned by Harold Potter and located at 38 Howard Street in
the Town of Queensbury (Tax Map No.: 301.20-1-36) appears to be 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, January 28, 2008 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 14 day of January, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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