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216.2008 RESOLUTION DECLARING STRUCTURE TO BE UNSAFE AND AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY HOMEQ SERVICING CORP. – 44 BOULEVARD, QUEENSBURY RESOLUTION NO.: 216, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town’s Director of Building and Codes Enforcement (Director) received a complaint regarding property at 44 Boulevard in the Town of Queensbury (Tax Map No.: 303.20-1- 50) regarding animals currently hibernating in a structure on that property, and WHEREAS, the Director inspected the property and determined that a garage/barn located in the rear of the property was in major disrepair and showing signs of collapse, and WHEREAS, Town records revealed that the property belonged to Phillip Underwood, and th WHEREAS, the Director caused a letter to be sent to Mr. Underwood dated March 11, 2008, a copy of which was posted on the premises, requesting that the garage barn located in the rear of the property which was showing signs of collapse be immediately secured and requested that action be taken within 30 days, and WHEREAS, correspondence to Mr. Underwood was returned as undeliverable, and WHEREAS, further inquiry revealed that the property although previously owned by Mr. Underwood had been the subject of a foreclosure by Homeq Servicing Corp. (Homeq), a foreign- business corporation doing business in the State of New York, with offices located in California and New Jersey, and WHEREAS, the Director sent a letter to Homeq requesting that the garage/barn structure that was in danger of collapse be immediately demolished and requesting that action be taken within 15 days and has received no response from Homeq, and , WHEREAS in accordance with the 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, and WHEREAS, based upon his inspection the Director has found that the structure is showing signs of collapse and is endangering the neighboring property, is generally in disrepair, unusable and unsafe, and will serve as an attractive nuisance for young children who may be injured therein and is a place of rodent infestation, thereby creating a health menace to the community, and WHEREAS, it is the opinion of the Director, as reported to the Town Board, that the building cannot be effectively rehabilitated, and WHEREAS, the Town Board is satisfied that the Director has provided sufficient notice as contemplated in Town Code §60-6 giving the owner of the property more than 30 days in which to secure or demolish the structure, and WHEREAS, although the building is not in imminent danger of collapse, its condition continues to worsen and it is an increasing danger to the health and safety of the public, and ththth WHEREAS, by letters dated March 11, March 19 and March 24, 2008, the Director advised the owner by mail to take appropriate measures to immediately demolish the structure and/or make it safe and weatherproof, and 2 , WHEREASHomeq has failed to take such appropriate measures and failed to communicate its intentions to the Town and therefore the Director has recommended to the Town Board that it commence a Supreme Court action against Homeq to require Homeq to demolish the structure or authorize the Town to do so at the Owner’s expense, 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 described in the preambles of this Resolution owned by Homeq Servicing Corp., and located at 44 Boulevard in the Town of Queensbury (Tax Map No.: 303.20-1-50) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs Town Counsel to commence an action against Homeq Servicing Corp. in the Warren County Supreme Court seeking removal of the structure and reimbursement to the Town for any and all costs of removal including, but not limited to, demolition expenses, attorney fees and Court costs, and to pursue preliminary and injunctive relief, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence such proceeding, 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 3 account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement, Town Counsel and/or Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of April, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None 4