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256.2014 Authorizing Commencement of Supreme Court Action - Ridge Road Car Care RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION TO ENFORCE CODE AGAINST NON-COMPLIANT PROPERTY RESOLUTION NO.: 256,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Andrew Ratto is believed to be the owner of property located at 894 Ridge Road and a parcel contiguous thereto which have been operating as Ridge Road Car Care, and WHEREAS, a fire occurred at one or both of these properties on or about July 31, 2013, and WHEREAS, since that time, one or both properties have been the site of debris piles, burned and inoperable automobiles, a dilapidated structure and other remnants of the fire, and WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) reports that despite the passage of almost one year from the fire and despite his numerous attempts to compel the owner to bring the properties into compliance, they remain in violation of the Queensbury Town Code, including Chapters 60 and 102, and WHEREAS, the properties remain in an unsafe and unsecured condition, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a Supreme Court Action to temporarily and permanently compel compliance with any and all applicable Town Code and State Code provisions 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 properties and have any legal obligation to keep the property in a safe and lawful condition including, but not necessarily limited to Andrew Ratto, 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, 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. Duly adopted this 21St day of July, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None AB SENT : None 2