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073.2015 Court Action Non Compliant Property RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION TO ENFORCE CODE AGAINST NON-COMPLIANT PROPERTY RESOLUTION NO.: 73,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Terry A. Bell is believed to be the owner of property located 42 Oak Tree Circle in the Town of Queensbury which is improved with a principal dwelling, and WHEREAS, several Court actions concerning this property have been commenced by Bank of America,NA, and WHEREAS, the structure at the property is not being maintained in accordance with Town Code and State Property Maintenance Code requirements, and WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) does not know the whereabouts of Mr. Bell, but has been in contact with a property maintenance company which is believed to be the agent for Bank of America, NA and has been performing minor maintenance activities at the property, and WHEREAS, due to failure to adequately maintain the property, the roof of the structure has deteriorated, gutters have clogged and broken, becoming ineffective, and wood trimming has become exposed to the elements; and WHEREAS, despite reasonable efforts to bring about voluntary compliance, the property remains in a condition which violates the Town Code and State Property Maintenance Codes, and WHEREAS, the Town is authorized to enforce State Property Maintenance Codes, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a Supreme Court Action to 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 believed to have any legal interest in the property and/or any obligation to remedy the violations, 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 9h day of February, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Clements, Mr. Irish NOES None 2 AB SENT : None ABSTAIN: Mr. Metivier 3