280.2011 Supreme Court Action Againt Leemilt's
RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME
COURT ACTION AGAINST LEEMILT’S PETROLEUM, INC.
RESOLUTION NO.: 280, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Leemilt’s Petroleum, Inc., owns property at 330 Aviation Road in the Town of
Queensbury, Tax Map Parcel No.: 301.8-1-19, formerly the Getty Convenient Mart, and
WHEREAS, the Town’s Director of Building and Codes Enforcement, David Hatin, reports
th
to the Town Board that he visited such property on or about June 27, 2011 and the building on the
property has been tagged with graffiti on all four sides and is showing signs of disrepair and neglect
such that the paint is chipping, there are broken windows, the planters are overgrown with weeds,
the guard rail is completely destroyed and a section of roof has been blown off the structure leaving
a hole in the roof, and
WHEREAS, such conditions on the property constitute violations of the New York State
Property Maintenance Code adopted by the Town, and
th
WHEREAS, Mr. Hatin advised the property owner by letter dated June 27, 2011, which
letter served as an “Order to Remedy Violation Notice,” that the property owner must bring the
property into compliance over the next 30 days, and yet the property owner has not made any
changes to the property, and
WHEREAS, the Queensbury Town Court lacks injunctive power to require compliance with
the Town Code, and
WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive
relief, requiring that Leemilt’s Petroleum, Inc., bring the property into compliance with the 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 Leemilt’s Petroleum, Inc., concerning the property located at 330 Aviation
Road in the Town of Queensbury (Getty Convenient Mart - Tax Map No.: 301.8-1-19) 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 further authorizes Town Counsel to cause a title
search to be made to assure that all necessary parties are named in the litigation, 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, Code Compliance Officer and/or Town
Budget Officer to take any and all action necessary to effectuate all terms of this Resolution.
th
Duly adopted this 12 day of September, 2011, by the following vote:
2
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT : None
3