BOH43.2002
RESOLUTION ORDERING CLEAN-UP AND SECURING OF HOME AND
PROPERTY OWNED BY FREDERICK AND DEBORAH WALKER
LOCATED AT 21 ZENAS DRIVE, QUEENSBURY
(TAX MAP NO.: 301.12-3-54)
BOARD OF HEALTH RESOLUTION NO. 43, 2002
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury’s Director of Building and Codes (Director) and Local
Health Officer previously advised the Town’s Local Board of Health that there was a large amount of
garbage, junk and debris inside the house and around the property owned by Frederick and Deborah
Walker located at 21 Zenas Drive in the Town of Queensbury (Tax Map No.: 301.12-3-54) and
therefore, in the Director’s opinion, the property and home constitute a public health hazard and
nuisance to the neighborhood and are unsafe to the general public and therefore recommended that the
Board of Health take action if the property owners failed to clean-up the home and property, and
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WHEREAS, on July 1, 2002, the Local Board of Health declared the home and property to
be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and
dangerous, and ordered Mr. and Mrs. Walker to commence cleaning-up the home and property, and
WHEREAS, the Local Board of Health held a hearing concerning the home and property on
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July 15, 2002 and notice of this hearing was served in accordance with the provisions of the New
York Public Health Law, and
WHEREAS, the Director has advised the Local Board of Health that he has again inspected
the home and property and Mr. and Mrs. Walker have not cleaned-up the home and property,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that
Frederick and Deborah Walker have not commenced cleaning-up the home and property located at 21
Zenas Drive, Queensbury, such home and property being a potential object of attraction to rodents and
animals, a nuisance, health hazard, unsafe and dangerous, and
BE IT FURTHER,
RESOLVED, that Town of Queensbury Local Board of Health, in accordance with the New
York Public Health Law, hereby orders Frederick and Deborah Walker to abate the nuisance and
health hazard by cleaning up the garbage, junk and debris in the home and on the property within three
(3) days of the date of service of this Resolution and Order upon Mr. and Mrs. Walker and posting on
the home and/or property, and
BE IT FURTHER,
RESOLVED, that if the nuisance is not abated within such time, then the Local Board of
Health hereby authorizes and directs the Director of Building and Codes Enforcement tomake the
necessary arrangements to clean-up the home and property immediately in accordance with the
emergency provisions of the New York Public Health Law, and
BE IT FURTHER,
RESOLVED, that in accordance with the New York Public Health Law, Frederick and
Deborah Walker are responsible for the clean-up expenses and the Local Board of Health may
authorize and direct Town Counsel to commence an action seeking a Court Order authorizing the
clean-up and/or collection of the cost of the clean-up, including legal expenses, if necessary.
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Duly adopted this 15 day of July, 2002, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES : None
ABSENT: None