201.2020 Authorizing Commencement of Supreme Court Action - Enforce Code - Property Located at 32 Homer Ave
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO ENFORCE CODE AGAINST
NON-COMPLIANT PROPERTY LOCATED AT 32 HOMER AVENUE
RESOLUTION NO.: 201, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, a fire occurred at a structure on property located at 32 Homer Avenue in the
Town of Queensbury, identified as tax map no.: 302.8-1-31 (the “Property”), on or about July 14,
2019, and
WHEREAS, Judy Pontiff is believed to be the owner of the Property, and
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(“Director”) has viewed the structure that was damaged by the fire and has found that there is no roof
on the structure thereby leading to its further destruction and decay and presenting a hazard to anyone
who should enter the Property and the public, and the structure is generally in disrepair, unusable and
unsafe, and
WHEREAS, the Director reports that he has provided letters dated August 7, 2019 and
October 28, 2019 and communicated several times with Ms. Pontiff but despite the Director’s
reasonable efforts to bring about voluntary compliance, Ms. Pontiff has not adequately secured the
Property, brought it into compliance with Town and State Code provisions or taken any measures to
bring about compliance, and
WHEREAS, the Property remains in an unsafe and unsecured condition, posing an imminent
danger to the health and safety of the public,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a
Supreme Court Action to temporarily and permanently compel compliance with any and all applicable
Town Code and State Code provisions together with a request for costs and expenses associated with
litigation, and
BE IT FURTHER
RESOLVED, that the Supreme Court Action may be commenced against any and all persons
having any legal interest in the Property and have any legal obligation to keep the Property in a safe and
lawful condition including, but not necessarily limited to Judy Pontiff as well as any party believed by
Town Counsel to be necessary for full resolution of this matter, 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 account(s)
deemed to be appropriate by the Budget Officer, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file
any necessary documentation to commence such Court action and the Town Supervisor, Town
Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any
and all action necessary to effectuate all terms of this Resolution.
st
Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None