240.93
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY
OWNED BY HARLEY JAMES IS UNSAFE - TAX MAP NO. 125-3-2
RESOLUTION NO. 240, 93
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
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 Corinth
Road, Town of Queensbury, and bearing tax map no. 125-3-2, and has
made findings as more specifically set forth in a letter dated July
28, 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 125-3-2, 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,
4. May warrant immediate boarding up or
repair as an emergency action,
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. A description of the premises,
2. A statement of particulars in which
said structure thereon appears to be
unsafe and dangerous, as set forth
in Mr. Hatin's letter,
3. The Town Board feels, based on
current information, that the
structure should be repaired or
removed, with work commencing within
30 days of service of this notice
and completed within 60 days
thereafter, unless good cause is
shown by the property owner or other
interested persons whereupon the
time shall be extended by the Town
Board of the Town of Queensbury,
4. That a hearing before the Town Board
of the Town of Queensbury, in
relation to the dangerous or unsafe
condition of the property shall be
held on April 19th, l993, 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,
5. 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 and boarded up 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.
6. 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.
Duly adopted this 12th day of April, l993, by the following
vote:
AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan,
Mr. Brandt
NOES: None
ABSENT: None