441.93
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY
OWNED BY KENNETH ERMIGER IS UNSAFE - TAX MAP NO. 73-1-4
RESOLUTION NO. 441, 93
INTRODUCED BY:Mr. Michel Brandt
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, Mr. David A. Hatin, of the Building & Code
Enforcement Department of the Town of Queensbury, has advised that
he has investigated and inspected certain property identified as
located adjacent to Route 9 south of the Route 9 intersection with
Round Pond Road, Town of Queensbury, and bearing tax map no. 73-1-
4, and has made findings as more specifically set forth in a letter
dated August 9, 1993, 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, the demolished building 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 demolished building
removed and the cellar hole filled in if the property owner fails
to take action to do so, 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, or 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 demolished structures thereon,
bearing tax map number 73-1-4, appear to be:
1. presently unsafe and dangerous;
2. may become a place of rodent
infestation; 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 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
demolished structure should be
removed and the cellar hole filled
in within 60 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
the work ordered hereunder 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 August 23, 1993, 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 demolished
building is immediately removed and
cellar hole filled in, as set forth
herein, and whether to authorize the
Director of Building & Codes to
immediately perform such work 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 remove the
demolished structure and fill in the
cellar hole 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 9th day of August, 1993, by the following
vote:
AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr.
Brandt
NOES: None
ABSENT:None