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LITIGATION\Authorize Supreme Court Action—Allen—27 Indiana Avenue—6-13-2022
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO ENFORCE CODE AGAINST
NON-COMPLIANT PROPERTY LOCATED AT 27 INDIANA AVENUE
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury Director of Building and Codes Enforcement(Director)
inspected a single family dwelling ("Structure") located at 27 Indiana Avenue in the Town of
Queensbury bearing Tax Map No.: 309.13-1-7 ("Property") and owned by Wayne Allen and found
that it was uninhabitable and condemned due to the severity of a fire that occurred on December 3,
2021 and the Director advised Mr. Allen that he must take appropriate measures to either board up and
secure or demolish the Structure but no action was taken, and
WHEREAS, the Director advised the Town Board that the Structure was dangerous and
unsafe to the general public and therefore requested that the Town Board authorize certain actions if
Mr. Allen did 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, the Town Board declared the Structure on the
Property to be in disrepair, dangerous and unsafe to the public and the Town Board held a hearing
concerning the Property on March 7, 2022 with Notice of this Hearing served in accordance with New
York State Town Law §130(16) and Queensbury Town Code Chapter 60, and
WHEREAS, by Resolution No.: 108,2022, the Town Board ordered Wayne Allen to
immediately board up/secure or demolish and remove the Structure and all demolition debris, and
WHEREAS, the Town's Acting Director of Building and Code Enforcement(Acting Director)
since has advised the Town Board the owner has failed to remediate the conditions at the property and,
in addition, that Mr. Allen is allowing the Property to be used as an unlawful junkyard in violation of
Queensbury Town Code §102-3 due to the presence of junk, garbage, discarded furniture, carpeting
and other debris on the Property, and
WHEREAS, the Acting Director has advised they he has met with and communicated several
times with Mr. Allen, but despite the Acting Director's reasonable efforts to bring about voluntary
compliance, Mr. Allen has not adequately boarded-up/secured or demolished and removed the
Structure and/or cleaned up the Property and the Property continues to constitute an unlawful
junkyard, and
WHEREAS, Mr. Allen has not brought the Property into compliance with Town and State
Code provisions and/or taken any measures to bring about compliance, the Property remains in an
unsafe and unsecured condition and therefore poses an imminent danger to the health and safety
of the public,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a
Supreme Court Action to temporarily and permanently compel Wayne Allen's compliance with any
and all applicable Town Code and State Code provisions pertaining to the Structure and Property
located at 27 Indiana Avenue, Queensbury together with a request for costs and expenses associated
with litigation, and
BE IT FURTHER,
RESOLVED, that the Supreme Court Action may be commenced against any and all persons
having any legal interest in the Structure and Property and having any legal obligation to keep the
Structure and Property in a safe and lawful condition including, but not necessarily limited to Wayne
Allen as well as any party believed by Town Counsel to be necessary for full resolution of this matter,
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 Court action and the Town Supervisor, Town
Counsel, Acting Director of Building and Codes Enforcement and/or Town Budget Officer to
take any and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 13t'day of June, 2022,by the following vote:
AYES
NOES
ABSENT :
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 P,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 141h, 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
7'h, 2022 and Notice of this Hearing was served in accordance with the provisions of New York
State Town Law §13 0(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 7'h,
2022,and
BE IT FURTHER,
RESOLVED, that if the structure and demolition debris are not removed by May 70', 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
2
and Code Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the
terms of this Resolution.
Duly adopted this 7h day of March, 2022,by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone,Mr. McNulty,Mr. Strough
NOES : None
ABSENT: None
3
RESOLUTION SETTING HEARING CONCERNING
UNSAFE STRUCTURE LOCATED AT 27 INDIANA AVENUE
AND OWNED BY WAYNE ALLEN
RESOLUTION NO.: 81,2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director) has 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 3`d, 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 has 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,
NOW,THEREFORE,BE IT
RESOLVED,that after reviewing the evidence presented at this time,the Queensbury Town
Board is of the opinion that the structure located at 27 Indiana Avenue in the Town of Queensbury
(Tax Map No.: 309.13-1-7) and owned by Wayne Allen appears to be in disrepair, dangerous and
unsafe to the public, and
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and
unsafe structure on Monday, March 71h, 2022 at 7:00 p.m. in the Queensbury Activities Center, 742
Bay Road, Queensbury, 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 owner or
its 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§13 0(16).
Duly adopted this 14 1h day of February, 2022, by the following vote:
AYES Mr. Metivier,Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None