269.2014 Cheap Pete's Lawn to Mow Abandoned Property RESOLUTION AUTHORIZING CHEAP PETE'S LAWN CARE
TO MOW AN ADDITIONAL ABANDONED OR NEGLECTED
PROPERTY IN TOWN OF QUEENSBURY
RESOLUTION NO.: 269,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, by Resolution No.: 174,2014, the Queensbury Town Board approved the
Director of Building and Codes Enforcement's (Director) engagement of the monthly lawn mowing
services of Cheap Pete's Lawn Care for eight (8)properties in a state of serious neglect, and
WHEREAS, by Resolution No.: 213,2014, the Town Board approved that an additional
property be added to the list of properties in such state of neglect, and
WHEREAS, the Director has advised the Town Board of an additional property in a similar
state of serious neglect located at 47 Mountain View Lane in the Town of Queensbury, and
WHEREAS, although the Town Court can impose fines, it lacks the authority to mandate
ongoing maintenance, and
WHEREAS, the Town Board has concluded that the condition of this property creates a public
health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall
grass, and
WHEREAS, the Director reports that he has attempted to contact the owner of record by
certified letter and/or posting of the property and his efforts have been to no avail and he has been
unable to reach anyone or to obtain any resolution of the situation, and
WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the
owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or
to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush,
rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by
the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the
Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds
were found and the expense so assessed shall constitute a lien and charge on the real property on which
it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and
at the same time as other Town charges,
NOW, THEREFORE, BE IT,
RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S.
mail to the Property Owner of Record as set forth above requiring that they mow the lawn on their
land within 10 days and failing to do so, the Town will cause such action to be taken and the cost
thereof will be assessed by the Town Board on the real property and the assessment shall constitute a
lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected
in the same manner and at the same time as other Town charges, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building
and Codes Enforcement's adding such property to the list of monthly lawn mowing services of Cheap
Pete's Lawn Care for the amount of$75 per month for such property for a period of three (3) months
(August 1St, 2014 — October 1St, 2014) for a total amount for such property not to exceed $225, to be
paid on a monthly basis upon Cheap Pete's Lawn Care submitting a proper invoice to the Town
outlining the dates on which the property was mowed, to be paid for from Account No.: 001-3620-
4400, and
BE IT FURTHER,
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RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the Town Budget and transfer $225 from Contingency Account No.: 001-1990-4400 to Account No.:
001-3620-4400 and take any other and all actions necessary to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Building and
Codes Enforcement to inform the Town Assessor and/or Town Tax Receiver of the total expenses of
such cutting, trimming, removal or spraying of such property so that the expenses can be properly
assessed and constituted as a lien and charge on the real property on which it is levied until paid or
otherwise satisfied or discharged so that such sum may be collected in the same manner and at the
same time as other Town charges, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary
to effectuate the terms of this Resolution.
Duly adopted this 4h day of August, 2014, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES Mr. Irish
AB SENT : None
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