550.92
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY
OWNED BY KENNETH ERMIGER IS UNSAFE - TAX MAP NO. 73-1-4
RESOLUTION NO. 550, 92
INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, Mr. David Hatin, of the Building & Code Enforcement
Department of the Town of Queensbury, has advised that he has
investigated and inspected certain property identified as Route 9,
Town of Queensbury, and bearing tax map no. 73-1-4, and has made
findings as more specifically set forth in a letter dated October
13, l992, a copy of which is presented to this meeting, and
WHEREAS, Mr. David Hatin advises the Town Board of the Town of
Queensbury that, in his opinion, an open structure on the property
presents a hazard and a nuisance to the neighborhood and is unsafe
to the general public and has asked the Town Board of the Town of
Queensbury to take action to have the property secured if the
property owner fails to board up all windows and doors, and
WHEREAS, pursuant to Chapter 60 of the Code of the Town of
Queensbury, the Town Board may, by resolution, determine whether,
in its opinion, the structure is unsafe and dangerous and
thereafter order their repair or demolition and removal and further
order that notice be served upon the owner or other certain persons
interested in said property,
NOW, THEREFORE, BE IT
RESOLVED, that, upon reviewing all of the evidence presented
at this time, the Town Board of the Town of Queensbury is of the
opinion that the property and structures thereon, bearing tax map
number 73-1-4, appear to be:
1. Presently unsafe and dangerous;
2. Potentially an object of attraction
and danger to minors; and
3. Unfit for the purposes for which it
may be lawfully used,
and
BE IT FURTHER
RESOLVED, that after review and consideration of the matter
the Town Board finds that the current situation of electrical power
to the building as well as the dangers within the building should
someone happen to go within the building with the floors in the
condition that they are in, warrant a determination that there is
present a clear an eminent danger to life, safety or health of any
person and or the property itself under the circumstances unless
the building is immediately repaired and secured or demolished and
therefore the Town Board by this resolution authorizes the Director
of Building and Code Enforcement to immediately cause the repair of
the building such that the power is disconnected through contact
with Niagara Mohawk Power Corporation and the building is
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immediately boarded up,
AND BE IT FURTHER
RESOLVED, that the Director of Building & Codes be and hereby
is authorized to serve a Notice upon the owner(s) of said property,
said Notice being in substantially the form presented at this
meeting and generally providing:
1. That the Owner be given notice of the
Town's determination and authorize
action in accordance with the resolution
finding an eminent danger to the life,
safety or health of a person and or the
property
2. A description of the premises,
3. A statement of particulars in which
said structure thereon appears to be
unsafe and dangerous, as set forth
in Mr. Hatin's letter,
4. Unless an emergency condition is
demonstrated, the Code provides the
repair and clean up of said
structure must be commenced in 30
days of receipt of this Notice and
be completed within 60 days
thereafter, unless good cause is
shown by the property owner
whereupon the time shall be extended
by the Town Board of the Town of
Queensbury,
5. That a hearing before the Town Board
of the Town of Queensbury, in
relation to the dangerous or unsafe
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condition of the property shall be
held on October 26th, l992, at 7:00
p.m., in the Queensbury Activities
Center, or not less than five (5)
days from the date of service of
this said Notice, whichever date if
later,
6. That, at the hearing, the Town Board
will also consider whether there is
a clear and imminent danger to the
life, safety or health of any person
or property unless the building is
immediately closed or repaired, as
set forth herein, and whether to
authorize the Director of Building &
Codes to immediately repair or close
the premises and thereafter assess
any charges to the real property as
per §68-11 of the Code of the Town
of Queensbury.
7. In the event that there is neglect
or refusal to comply with the order
of this Board to board up the
structure located on said property,
the Town Board is authorized to take
action to have the property secured
and to assess all expenses thereof
against the real property on which
it is located, and to institute
special proceedings to collect the
cost of said action, including legal
expenses.
and
BE IT FURTHER
RESOLVED, that service and filing of the Notice provided for
herein shall be in accordance with the provisions of Chapter 60 of
the Code of the Town of Queensbury, and
BE IT FURTHER
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RESOLVED, that the cost incurred by the Town in carrying out
the purposes of this resolution shall be assessed against the
property in accordance with the provisions of Chapter 60 of the
Code of the Town of Queensbury.
Duly adopted this 13th day of October, l992, by the following
vote:
AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr.
Brandt
NOES : None
ABSENT : None
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