524.2008
RESOLUTION ORDERING DEMOLITION OF UNSAFE STRUCTURE
OWNED BY DAMIAN AND PATRICIA KILMARTIN AND LOCATED AT
13 COLUMBIA AVENUE, QUEENSBURY
RESOLUTION NO. 524, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) inspected a mobile home on property owned by Damian and Patricia Kilmartin located at 13
Columbia Avenue in the Town of Queensbury (Tax Map No.: 309.7-1-27) and found that vagrants
were living in the abandoned mobile home, the structure is showing signs of neglect and lack of
maintenance, unhealthy conditions exist inside and it is in general disrepair, and the exterior of the
structure is not being maintained, and so the structure is generally in disrepair, unusable and unsafe, and
WHEREAS, the Director advised Mr. and Mrs. Kilmartin to take appropriate measures to
ensure that the structure be immediately vacated and then demolished as more specifically set forth in
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the Director’s August 26, 2008 letter to the Kilmartins, 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 would like the Town Board to
take action if the property owner fails to vacate and remove the structure from the property, and
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WHEREAS, on Monday, October 20, 2008, 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, November
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17, 2008 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 Damian and Patricia Kilmartin
to immediately vacate and demolish the structure located at 13 Columbia Avenue in the Town of
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Queensbury (Tax Map No.: 309.7-1-27) and complete such work by 5:00 p.m., December 17, 2008,
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 December 17, 2008, 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 17 day of November, 2008, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT:None
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