Loading...
3.12 • 3.12 LITIGATION\Authorize Supreme Court Action—28 Linette Lane—5-2-16 RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION TO ENFORCE CODE AGAINST NON-COMPLIANT PROPERTY RESOLUTION NO.: ,2016 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Christiana Trust, a division of Wilmington Savings Fund Society, is believed to be the owner of property located 28 Linette Lane in the Town of Queensbury and identified as Tax Map Parcel No. 308.10-1-8 (the "Property"), which is improved with a principal dwelling and in-ground swimming pool,and WHEREAS, it is believed that the owner is a lending institution and the Property remains vacant, and WHEREAS, the Property is not being maintained in accordance with Town Code and State Property Maintenance Code requirements,and WHEREAS, two large sink holes, both being several feet in diameter and depth, have developed on the Property, causing the collapse of a portion of fencing and which undermine the integrity of the Property and pose a significant and immediate threat to public health and safety,and WHEREAS,the Property is located in a residential area where several children reside, and WHEREAS, the Town of Queensbury's Director of Building and Codes (the "Director") has been in contact with a property maintenance company, Safeguard Properties ("Safeguard"), which is believed to be the agent for Christiana Trust, in an attempt to have the Property owner fill the sinkholes and repair or replace the fencing and the Director has notified Safeguard that if it failed to do so,he would seek to have the Town Board authorize the necessary repair work and have the cost of such work assessed against the Property, and WHEREAS, the Director has written Christiana Trust and advised it of the sinkholes and demanded that they be remedied,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 Code and, more significantly,poses an imminent danger to the health and safety of the public, and WHEREAS, the Town is authorized to enforce the State Code and has the authority to commence an action in Warren County Supreme Court to compel compliance with the Town and State Codes,and NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board fords that the sinkholes and collapsed fencing at the Property have created an emergency situation which poses an imminent and significant threat the health and safety of the public,and BE IT FURTHER, RESOLVED, that if the sinkholes at the Property are not filled and the collapsed fence repaired by May 7, 2016,the Town Board hereby authorizes commencement of a Supreme Court Action to compel compliance with any and all applicable Town Code and State Code provisions, which Action may seek among other things: 1. An Order for preliminary and permanent relief to compel compliance with the Town Code and State Code; and 2. Fines and penalties for the continued violation of the Town and State Codes; and 2 3. An award of attorney's fees and costs associated with the Action; and 4. An Order authorizing the Town to enter the Property and repair the sinkholes and the related damaged fencing and authorizing the Town to assess all costs related to the necessary work against the Property to be collectible in the same manner as real property assessments; 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 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 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 2"d day of May,2016,by the following vote: AYES NOES . ABSENT : 3