276.92
RESOLUTION CONCERNING FENCE ON FLYNN PROPERTY
RESOLUTION NO. 276, 92
, Introduced by Mr. Michel Brandt who moved
for it's adoption, seconded by Mr. Nick Caimano.
WHEREAS, in Resolution No.: 412, 1990, the Town Board of the
Town of Queensbury previously made certain findings and orders
concerning certain conditions consisting of an alleged failing
retaining wall reportedly existing on property owned by Mr. and
Mrs. Flynn on Mannis Road in the Town of Queensbury, and
WHEREAS, at such time that the Town Board previously
considered the property, an Order was ultimately made which, among
other things, instructed Mr. and Mrs. Flynn to install fencing upon
the property, such fencing to be located on the roadside as well as
the lakeside, and such fencing to be secure fencing secured by post
and planted in the ground or otherwise secured as the Flynns and
their engineers felt appropriate, and also an Order was made
directing that fencing also be placed on adjoining properties, if
permissible with the landowners, and
WHEREAS, fencing was installed by Mr. and Mrs. Flynn, but it
has come to the attention of the Town Board that said fencing is
now collapsed or collapsing, and
WHEREAS, the Director of Building and Codes Enforcement has
issued his report in connection with the same,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, after
consideration of the reports and the Town Board's previous action,
hereby also determines that an unsafe structure exists upon the
premises, and that the premises should immediately be secured by
way of fencing or in another appropriate manner, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
directs that notice be given to Mr. and Mrs. Flynn and their
attorney that an unsafe condition exists upon the property owned by
Mr. and Mrs. Flynn as previously determined by the Town Board and
that the fencing which was previously installed has fallen down and
the same or different fencing must be erected or the property
otherwise secured, and posted with no entry or no trespassing or
other appropriate signage, and
BE IT FURTHER,
RESOLVED, that the aforesaid notice shall consist of a letter
including a copy of this resolution which shall be personally
delivered to the attorney representing Mr. and Mrs. Flynn, and if
possible, Mr. or Mrs. Flynn, and
BE IT FURTHER,
RESOLVED, that Mr. and Mrs. Flynn are hereby notified of the
following by service of a copy of this resolution:
a. a description of the premises as that premises lying off
of Mannis Road near Glen Lake and bearing tax map no.:
40-1-43.
b. a statement of particulars in which the structure is
considered unsafe or dangerous is provided by reference
to the previous resolutions no.: 387 and 412 adopted by
the Town Board of the Town of Queensbury and two letters
from Rist-Frost Engineers, P.C.
c. an order outlining the manner in which the structure is
to be made safe and secure or demolished and removed is
set forth herein that suitable fencing is to be
installed around the perimeter of the premises.
d. date, time, and place for a hearing before the Town
Board in relation to the matter set forth herein shall
be the 18th day of May, 1992, or not less than five days
after date of service of this notice.
e. in the event of neglect or refusal to comply with this
order and secure or correct the unsafe structure or
install fencing, the Town Board is authorized to provide
for the fencing and pay for the same, and install the
same, and assess all expenses thereof against the real
property on which it is located and to institute a
special proceeding to collect the cost, including legal
expenses, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury feels
that the fencing should be immediately installed and not await the
time period of 30 or 60 days for completion and that in the event
that the fencing is not installed prior to the time of the hearing,
the Town Board reserves the right to evaluate the circumstances and
make a decision after hearing from Mr. and Mrs. Flynn or their
attorney as to whether fencing should be installed immediately or
within a particular time limit, or by the Town, should Mr. and Mrs.
Flynn fail to install the fence.
Duly adopted this 12th day of May, 1992, by the following
vote:
AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano,
Mr. Brandt
NOES : None
ABSENT: None