032.BOH Demo Creeden Property
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RESOLUTION ORDERING THE SECURING OR DEMOLITION OF
UNSAFE STRUCTURE OWNED BY DANIEL AND TAMMY CREEDEN
AND LOCATED AT 29 FAWN LANE, QUEENSBURY
RESOLUTION NO. BOH 32, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) has inspected a home owned by Daniel and Tammy Creeden that was damaged by fire on
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November 8, 2010, located at 29 Fawn Lane in the Town of Queensbury (Tax Map No.: 301.18-1-
72) and has found that the structure is collapsing and presents a hazard to anyone who should enter the
property and the structure is generally in disrepair, unusable and unsafe, and
WHEREAS, the Director has provided the report of his findings in writing to the Town Board
and has recommended that the structure be demolished, and
WHEREAS, the Director has advised the Queensbury Town Board that in his opinion, since
the structure is dangerous and unsafe to the general public, he therefore would like the Town Board to
take immediate action to order the demolition of such structure and remove it from the property 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 after reviewing all of the evidence presented at this time, the Queensbury
Town Board is of the opinion that the home owned by Daniel and Tammy Creeden bearing Tax Map
No.: 301.18-1-72 and located at 29 Fawn Lane, Queensbury appears to be unsafe and dangerous and
there is a clear danger to the life, safety or health of the general public and therefore directs that a
Notice be sent to the property owners consistent with the Queensbury Town Code §60-6 requiring that
the property owners commence within 30 days of service of the Notice securing or removing the
unsafe structure and that such work be completed within 60 days thereafter, and
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe
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structure on Monday, December 6, 2010 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay
Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that since the Town Board has determined that there is an imminent chance of
danger, the Town Board wishes to increase the chances of keeping people away from the property and
therefore authorizes the installation of a snow fence around the structure while the Town Board
follows the processes that the Town Code and State Law has in place, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and
Codes Enforcement to serve a notice setting forth its determinations upon the property owners or their
executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in
the property, the contents, service and filing of the notice to be in accordance with the provisions of
Queensbury Town Code Chapter 60 and New York State Town Law §130(16), and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury
Town Code Chapter 60, should the property owners fail or refuse to comply with the Order of the
Town Board, then the Town Board shall provide for the structure’s demolition and removal and all
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expenses thereof will be levied 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.
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Duly adopted this 22 day of November, 2010, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
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