164.2009
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION IN CONNECTION WITH
JOSEPH RIITANO PROPERTY
RESOLUTION NO.: 164, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Queensbury Town Code Chapter 179 provides for administration and
enforcement of the Town’s Zoning Ordinance and related laws, codes, ordinances, and regulations, and
WHEREAS, Joseph Riitano owns property located at 16 Sunset Lane in the Town of
Queensbury (Tax Map No.: 226.19-1-9) and Town officials have warned Mr. Riitano on numerous
occasions and through previous Court actions and hearings before the Town’s Zoning Board of
Appeals, that Mr. Riitano is to bring the property into compliance with the Town’s Zoning Ordinance
as the construction of the current structure at 16 Sunset Lane constitutes an expansion, and
WHEREAS, the Town’s Zoning Administrator and Code Compliance Officer is charged with
enforcement of the Town’s Zoning Ordinance and has advised that Mr. Riitano continues to fail in
bringing his property into compliance as addressed in the Decision of the Zoning Board of Appeals and
therefore has recommended that the Town Board commence a Supreme Court action against Mr.
Riitano to require Mr. Riitano to come into conformance with the Town’s Zoning Ordinance and
Town Code, 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 Mr. Riitano cure all existing violations of the Zoning Ordinance and/or
Town Code,
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 Joseph Riitano concerning the property located at 16 Sunset Lane in the
Town of Queensbury (Tax Map No.: 226.19-1-9) 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, Zoning Administrator/Code Compliance Officer 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 4 day of May, 2009, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT : None