037.2009RESOLUTION ORDERING REMOVAL OF DEBRIS AND THE FILLING
AND LEVELING OF HOLES ON PROPERTY OWNED BY DANIEL
SEARLES AND LOCATED AT 16 HOMER AVENUE, QUEENSBURY
RESOLUTION NO.: 37, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director) inspected a demolished structure on property owned by Daniel Searles located at 16 Home
Avenue in the Town of Queensbury (Tax Map No.: 302.8-1-26) and found that all demolition debris
from the structure had not been cleaned up and a hole from the foundation had not been filled and
leveled and so the structure and property is generally in disrepair, unusable and unsafe, and
WHEREAS, the Director advised Mr. Searles to take appropriate measures to ensure that the
demolition debris be immediately cleaned up/removed and any holes on the property be filled and
leveled, as more specifically set forth in the Director's November 3rd, 2008 letter to Mr. Searles, and
WHEREAS, the Director advised the Queensbury Town Board that in his opinion the property
is dangerous and unsafe to the general public and requested that the Town Board take action if the
property owner failed to clean-up and remove the demolition debris and fill and level all holes, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State
Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion the
property is unsafe and dangerous, and if so, order that notice be served upon the owner or other
persons interested in the property that the demolition debris be removed and any holes be filled in and
leveled, and
WHEREAS, on Monday, December 15~', 2008, the Town Board declared the structure on the
property to be dangerous and unsafe to the public, and
WHEREAS, the Town Board held a hearing concerning this property on Monday, January
26r'', 2009 and notice of this hearing was served in accordance with the provisions of New York State
Town Law §130(16) and Queensbury Town Code Chapter 60,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby orders Daniel Searles to immediately
begin removing the demolition debris from the property and filling in and leveling the holes on property
located at 16 Homer Avenue in the Town of Queensbury (Tax Map No.: 302.8-1-26) and complete
such work by 5:00 p.m., February 27~`, 2009, and
BE IT FURTHER,
RESOLVED, that if the demolition debris is not removed and any holes not filled in and
leveled by February 27r'', 2009, the Town Board hereby authorizes and directs the Director of Building
and Codes Enforcement to make the necessary arrangements to remove the demolition debris and fill in
and level the holes on the property, such work not to exceed an amount up to $3,000.00, and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury
Town Code Chapter 60, reparation/removal expenses maybe assessed against the real property and the
Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the
repairs or removal, including legal expenses, if necessary.
Duly adopted this 26r'' day of January, 2009, by the following vote:
2
AYES: Mr. Stec, Mr. Metivier, Mr. Strough
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer