211.2011 Robert Silvernail
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION AGAINST ROBERT SILVERNAIL
RESOLUTION NO.: 211, 2011
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Robert Silvernail owns property located at 13 Stephanie Lane in the Town of
Queensbury, and
WHEREAS, the Town’s Director of Building and Codes Enforcement, David Hatin, reports
that since at least June of 2006, Mr. Silvernail has failed and refused to maintain the exterior of his
dwelling in compliance with New York State Property Maintenance Code §304, more specifically, Mr.
Silvernail has not painted, sided or maintained the structure and the exterior of the house includes
peeling, flaking and chipping paint and siding that is not water resistant and water tight and
additionally, Mr. Silvernail repeatedly fails and refuses to maintain his yard and has allowed high weeds
and grass to grow, and
WHEREAS, the Town pursued enforcement action in the Queensbury Town Court with the
result that fines were issued in the total amount of $700, and
WHEREAS, although Mr. Silvernail paid the fines, he nonetheless has failed and refused to
bring his property into compliance with the Queensbury Town Code, and
WHEREAS, the Town Highway Department reported to the Town that on or about January
st
21, 2011, it received a Complaint that snow had been plowed from the Silvernail property into
Stephanie Lane, blocking the roadway and creating a danger to the public, and
WHEREAS, the Town was required to remove the snow using Town equipment on January
st
21, 2011, and
WHEREAS, the total cost to the Town of removing the snow placed in the street by Mr.
Silvernail was $147.19, and
WHEREAS, a demand was made that Mr. Silvernail reimburse the Town in the amount of
$147.19, but he has failed and refused to do so, and
WHEREAS, Queensbury Town Court lacks injunctive power to require compliance with the
Town Code, and
WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent
injunctive relief requiring that the property be brought into compliance with the Town Code and
thereafter maintained in compliance with the Town Code, and
WHEREAS, the Queensbury Town Board also wishes to commence action against Mr.
Silvernail in the amount of $147.19,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs Town
Counsel to pursue action in the Warren County Supreme Court:
1.seeking preliminary and permanent relief bringing the property located at 13
Stephanie Lane in the Town of Queensbury into compliance;
2.requiring that the property be maintained in compliance with the Town Code;
3.If the property owner fails to bring the property into compliance with the Town
Code or fails to maintain the property in compliance with the Town Code, then
allowing Town Counsel to seek an Order to have the property owner found in
contempt of Court; and
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4.seeking an award of attorneys fees and costs required by this action;
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the commencement of an action against Mr.
Silvernail to recover the amount of $147.19 as set forth 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.
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Duly adopted this 20 day of June, 2011, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT : None
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