090.96
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY
OWNED BY MR. WALTER LAPOINT IS UNSAFE - TAX MAP NO. 121-2-16.2
RESOLUTION NO. 90, 96
INTRODUCED BY: Mrs. Connie Goedert
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
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 located at the corner
of Pasco and Sherman Avenues, Town of Queensbury, and bearing tax
map no. 121-2-16.2, and has made findings as more specifically set
forth in a letter dated January 16, 1996, a copy of which is
presented to this meeting, and
WHEREAS, Mr. David A. Hatin has advised the Town Board of the
Town of Queensbury that, in his opinion, the structure on the
property presents a hazard and a nuisance to the neighborhood, is
unsafe to the general public, and does not appear reparable, and
has asked the Town Board of the Town of Queensbury to take action
to have the property demolished and removed if the property owner
fails to demolish and remove said 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 demolition and/or 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 121-2-16.2 appear to be:
1. Presently unsafe and dangerous;
2. Potentially an object of attraction
and danger to minors;
3. Unfit for the purposes for which it
may be lawfully used; and
4. Irreparable;
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 herein;
3. The Town Board is of the opinion,
based on current information, that
the structure on the premises
generally described as a single
family dwelling, must be demolished
and removed within 30 days of
receipt of this Notice, unless good
cause is shown on or before the
hearing date set forth herein 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 March 18th, 1996 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, repaired,
demolished, and removed and whether
to authorize the Director of
Building & Codes to undertake part
of or all of said activity
concerning 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 demolish and remove
the structure located on said
property (unless the time to do so
is extended as provided for herein),
the Town Board shall take action to
have the building on the property
demolished and removed 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 5th day of February, 1996, by the following
vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr.
Champagne
NOES: None
ABSENT:None