301.93
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY
OWNED BY ESTATE OF DAMIEN J. DELSIGNORE IS UNSAFE
TAX MAP NO. 74-1-21
RESOLUTION NO. 301, 93
INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
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 West
Mountain Road, Town of Queensbury, and bearing tax map no. 74-1-21,
and
WHEREAS, Mr. David Hatin advises the Town Board of the Town of
Queensbury that, in his opinion, the partially demolished 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 and/or demolished if the property owner fails to
continue to demolish the structure, 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 74-1-21, 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 the Director of Building & Codes be and hereby
is authorized to serve a Notice upon the owners or representatives
of the owners of said property and Mr. Wickham, a person claiming
an interest in the 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 verbal report as
given and that Mr. Hatin will
provide a letter.
3. The Town Board feels, based on
current information, that the
structure should be demolished,
commencing within 30 days of receipt
of this Notice, 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. Unless an emergency condition is
demonstrated, the Code provides that
repair work and/or demolition 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
condition of the property shall be
held on June 14, 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,
6. That, at the hearing, the Town Board
will hear from the property owner,
representatives of the property
owner and/or other interested
persons, the said 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, repaired or
demolished, as set forth herein, and
whether to authorize the Director of
Building & Codes to immediately
repair, close or demolish 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 demolish the
structure located on said property,
the Town Board is authorized to take
action to have the property secured,
repaired and/or demolished 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 17th day of May, l993, by the following
vote:
AYES : Mrs. Monahan, Mrs. Goetz, Mr. Tucker, Mr. Brandt
NOES : None
ABSENT : Mr. Caimano