108.2022 Ordering Unsafe Structure to be Boarded Up- Secured or Demolished and Removed - Wayne Allen - 27 Indiana Avenue RESOLUTION ORDERING STRUCTURE ON PROPERTY OWNED
BY WAYNE ALLEN AND LOCATED AT 27 INDIANA AVENUE
BE BOARDED UP/SECURED OR DEMOLISHED AND REMOVED
RESOLUTION NO.: 108,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim McNulty
WHEREAS, the Town of Queensbury's (former)Director of Building and Codes Enforcement
(Director) inspected a single family dwelling ("structure") located at 27 Indiana Avenue in the Town of
Queensbury(Tax Map No.: 309.13-1-7) and owned by Wayne Allen and found that it is uninhabitable
and condemned due to the severity of a fire that occurred on December 3rd, 2021, and
WHEREAS, by letter dated December 6, 2021, the Director advised the property owner that
the property owner must take appropriate measures to either board up and secure or demolish the
structure but no action has yet been taken by the property owner, and
WHEREAS, the Director advised the Town Board that in his opinion the structure is
dangerous and unsafe to the general public and therefore would like the Town Board to authorize
certain actions if the owner does not come forward to arrange for the boarding up/securing or
demolition of the structure, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State
Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a
structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other
persons interested in the property that the structure must be boarded up/secured or demolished, and
WHEREAS, by Resolution No.: 81,2022 adopted on February 14d', 2022, the Town Board
declared the structure on the property to be in disrepair, dangerous and unsafe to the public, and
WHEREAS, the Town Board held a hearing concerning this property on Monday, March 7d',
2022 and Notice of this Hearing was served 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 the Queensbury Town Board hereby orders Wayne Allen to immediately
board up/secure or demolish and remove the structure and all demolition debris located at 27 Indiana
Avenue in the Town of Queensbury(Tax Map No.: 297.16-1-2.2)by 5:00 p.m., May 7th 2022, and
BE IT FURTHER,
RESOLVED, that if the structure and demolition debris are not removed by May 7th, 2022,the
Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make
the necessary arrangements to remove the demolition debris from the property, such work not to
exceed an amount up to $30,000, and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury
Town Code Chapter 60, demolition/removal expenses may be assessed against the real property and
the Town Board may authorize and direct counsel to institute an action to collect the cost of the repairs
or removal, including legal expenses, if necessary, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
take any actions necessary to amend the 2022 Town Budget and take any other necessary actions to
provide for payment of such demolition expenses and the Town Supervisor, Director of Building and
Code Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of
this Resolution.
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Duly adopted this 7t'day of March, 2022,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
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