488.96
RESOLUTION OF TOWN BOARD ORDERING DEMOLITION
AND REMOVAL OF BUILDING OWNED BY LARRY R. DAVIS, JR.
RESOLUTION NO. 488, 96
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury, after
holding a hearing on August 5, 1996 by resolution no. 322, 96,
determined that upon reviewing all available information, that the
building owned by Larry R. Davis, Jr., and located on property
identified as tax map no.: 93.-3-6 located on East Drive in the
Town of Queensbury appeared to be unsafe and dangerous, potentially
an object of attraction and a danger to minors, unfit for the
purposes for which it may be lawfully used and irreparable, and
further ordered that the building be repaired or demolished and
removed, and in the event that the resolution of the Town Board was
not complied with, that the Town Board would take action to have
the property demolished, and
WHEREAS, the Town Board has been advised that notice of the
hearing and a copy of Resolution No. 322, 96 was served on the
property owner and others having an interest in the property,
pursuant to §130(16) of the New York State Town Law and Chapter 60
of the Code of the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
determines that there has been a refusal or neglect of the property
owner of that property bearing tax map no. 93.-3-6 to comply with
the order of the Town Board of the Town of Queensbury and the Town
Board hereby authorizes Counsel for the Town to commence an action
seeking a Court Order authorizing the demolition and removal of the
building by either Town employees or by contract, except that
should the cost of demolition or removal exceed $7,000, the same
shall be awarded by Request For Proposals, and commencement of a
special proceeding by Town Counsel, if necessary, to collect the
costs of demolition and removal, including legal expenses, and
BE IT FURTHER,
RESOLVED, that all expenses incurred by the Town in connection
with the proceedings to demolish and remove the unsafe building,
including the cost of actually removing the building, shall be
assessed against the real property in which such building is
located, and shall be levied and collected in the same manner as
provided in Article 15 of the Town Law for the levy and collection
of special ad valorem assessments, and
BE IT FURTHER,
RESOLVED, that the Director of Building and Codes Enforcement
is authorized and directed to take such further steps as may be
necessary and appropriate to accomplish demolition of the building,
so long as the terms and provisions of this resolution are adhered
to, and
BE IT FURTHER,
RESOLVED, that a copy of this resolution shall be sent
registered mail to the property owner.
Duly adopted this 16th day of December, 1996, by the following
vote:
AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr.
Champagne
NOES: None
ABSENT:None