318.2010 illegal junkyard William Threw- court
RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME
COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V.
WILLIAM THREW – ILLEGAL JUNKYARD OPERATION
RESOLUTION NO.: 318, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, Chapter 102 of the Town Code provides for administration and enforcement of
the Town’s Junkyard Ordinance and related laws, codes, ordinances, and regulations, and
WHEREAS, William Threw owns property at 375 and 369 Big Bay Road and an adjacent lot,
without frontage off Egan Road, in the Town of Queensbury (Tax Map No.: 309.17-1-13, 309.17-1-
12 and 309.17-1-7) and Town officials have warned Mr. Threw on numerous occasions and through
previous Town Court actions, that Mr. Threw is not allowed to bring or store discarded junk, junk
vehicles and other debris to his property, and
WHEREAS, the Town’s Director of Building and Codes is charged with enforcement of the
Town’s Junkyard Ordinance and has personally observed that junk vehicles, discarded motor vehicle
parts, scrap metal, garbage, lot clearing debris, construction debris, demolished building parts and other
junk items continue to be discarded on Mr. Threw’s property, and
WHEREAS, the Town’s Director of Building and Code Enforcement has therefore
recommended to the Town Board that it commence a Supreme Court action against Mr. Threw to
require Mr. Threw to come into conformance with the Town’s Junkyard 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,
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 William Threw concerning the property located at 375 and 369 Big Bay
Road and an adjacent lot, without frontage off Egan Road, in the Town of Queensbury (Tax Map No.:
309.17-1-13, 309.17-1-12 and 309.17-1-7) as referenced in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further 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 further 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 and/or Town Budget Officer to take any
and all action necessary to effectuate all terms of this Resolution.
th
Duly adopted this 13 day of September, 2010, by the following vote:
AYES: Mr. Montesi, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: Mr. Strough
ABSENT: None