039.2009RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION IN CONNECTION WITH
TOWN OF QUEENSBURY V. DAVID MULLEN
RESOLUTION NO.: 39, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Chapter 179 of the Town Code provides for administration and enforcement of
the Town's Zoning Ordinance and related laws, codes, ordinances, and regulations, and
WHEREAS, David Mullen owns property located at 275 Bay Road in the Town of
Queensbury (Tax Map No.: 302.8-1-2) and Town officials have warned Mr. Mullen on numerous
occasions and through previous Town Court actions, that Mr. Mullen is to bring the property into
compliance with the Town's Property Maintenance Codes, Junkyard Ordinance, and other Ordinances
that pertain to the building on the property as the building is not structurally sound, i.e., there are
several roof leaks which are deteriorating the roof of the building causing rot of the wood members of
the roof and there are cracks in the rear walls caused by frost and ice and water damage, and
WHEREAS, the Town's Director of Building and Codes Enforcement has expressed concern
that the building has become an attractive nuisance and vagrants are now using the building and
trespassers are spraying graffiti on its walls and roof, and
WHEREAS, the Town's Fire Marshal and Director of Building and Codes are charged with
enforcement of the Town's Property Maintenance Codes, Junkyard Ordinance and other Ordinances
and have advised that Mr. Mullen continues to fail in making the necessary repairs to maintain the
structural integrity of the structure and clean up the property and therefore the Director of Building and
Code Enforcement has recommended that the Town Board commence a Supreme Court action against
Mr. Mullen to require Mr. Mullen to come into conformance with the Town's Property Maintenance
Codes, Junkyard Ordinance and Town Code and/or to secure the building to prevent unauthorized
entry ,and
WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and
WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent
injunctive relief requiring that the property be immediately secured and that the property owner bring
the property into compliance with the Town Code or allowing the Town to do so and the charges
assessed against the owner and made a lien against the property,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
commencement of a Warren County Supreme Court action to pursue preliminary and permanent
injunctive relief against David Mullen concerning the property located at 275 Bay Road in the Town
of Queensbury (Tax Map No.: 302.8-1-2) as referenced in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town's Budget Officer to
arrange for payment of any Court and/or litigation costs related to this matter from the account(s)
deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs Town Counsel to file any
necessary documentation to commence such proceeding and the Town Supervisor, Town
Counsel, Director of Building and Codes Enforcement, Fire Marshal and/or Town Budget Officer
to take any and all action necessary to effectuate all terms of this Resolution.
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Duly adopted this 26r'' day of January, 2009, by the following vote:
AYES: Mr. Strough, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer