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
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AB SENT : None
ABSTAIN: Mr. Metivier
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