5.09 5.9
UNSAFE PROPERTIES\Unsafe Structure-Step#1 -Set Hearing—Lupo David—454 Bay Rd—4-1-19
RESOLUTION SETTING HEARING CONCERNING UNSAFE
STRUCTURE LOCATED AT 454 BAY ROAD OWNED BY DAVID LUPO
RESOLUTION NO. ,2019
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director) has inspected a garage structure located at 454 Bay Road in the Town of Queensbury
(Tax Map No.: 296.16-1-12) and owned by David Lupo and found that the garage door is missing
and the roof on the south side of the garage has collapsed and needs to be removed as it presents a
collapse hazard for anyone entering the property, and
WHEREAS, by letter dated March 21, 2019, the Director advised the property owner that
the property owner must take appropriate measures to board up the garage door and remove the
partially collapsed roof but the Director has not yet received a response from the property owner,
and
WHEREAS, the Director has advised the Town Board that in his opinion the garage
structure is dangerous and unsafe to the general public and therefore would like the Town Board to
authorize certain actions if the owner does not come forward to arrange for the boarding up of the
structure and the removal of the roof, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State
Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a
structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other
persons interested in the property that the structure must be boarded up and the roof removed,
NOW, THEREFORE,BE IT
RESOLVED,that after reviewing the evidence presented at this time,the Queensbury Town
Board is of the opinion that the garage structure located at 454 Bay Road in the Town of
Queensbury (Tax Map No.: 296.16-1-12) and owned by David Lupo appears to be in disrepair,
dangerous and unsafe to the public, and
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and
unsafe structure on Monday, April 15th, 2019 at 7:00 p.m. in the Queensbury Activities Center, 742
Bay Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building
and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or
its executors, legal representatives, agents, lessees, or any person having a vested or contingent
interest in the property, the contents, service and filing of the notice to be in accordance with the
provisions of Queensbury Town Code Chapter 60 and New York State Town Law§130(16).
Duly adopted this 1st day of April,2019,by the following vote:
AYES :
NOES :
ABSENT:
TOWN OF OUEENSBURY
742 Bay Road, Queensbury, NY. 12804-5902
March 21,2019
David Lupo
454 Bay Rd.
Queensbury, New York 12804
Dear Mr. Lupo,
Your garage structure located at 454 Bay Rd. is unsecured because the garage door is missing. In
addition,the roof on the south side of the garage has collapsed and needs to be removed as it presents
a collapse hazard for anyone who should enter the property.
I ask that the open garage door be boarded up and the partially collapsed roof be removed within the next
14 days or the Town of Queensbury will take action to abate these violations of the New York State
Property Maintenance Code section 301.3 and 304.1 adopted by the Town of Queensbury and bill all
associated expenses to the property taxes.
Thank you for your anticipated cooperation.
Sincerely,
(----- 4,4,111 41,0t---
David Hatin
Director of Building and Code Enforcement
Town of Queensbury
518 761-8253
:UNSAFE\Notice of Hearing-Unsafe Structure-Lupo David—454 Bay-Step#1-4-15-19
NOTICE TO OWNER OF PROPERTY LOCATED AT 454 BAY ROAD,
TOWN OF QUEENSBURY - TAX MAP NO.: 296.16-1-12
PLEASE BE ADVISED THAT IN ACCORDANCE WITH QUEENSBURY TOWN
CODE CHAPTER 60 AND NEW YORK STATE TOWN LAW §130(16), THE TOWN OF
QUEENSBURY HEREBY PLACES YOU ON NOTICE THAT IT IS THE OPINION OF THE
QUEENSBURY TOWN BOARD THAT THE PROPERTY OWNED BY YOU OR UNDER
YOUR CONTROL IS DANGEROUS AND UNSAFE TO THE PUBLIC.
PLEASE TAKE FURTHER NOTICE THAT YOU ARE PROVIDED WITH THE
FOLLOWING INFORMATION IN ACCORDANCE WITH QUEENBSURY TOWN CODE
CHAPTER 60 AND NEW YORK STATE TOWN LAW §130(16):
1. DESCRIPTION OF THE PREMISES: TAX MAP NO.: 296.16-1-12;
2. A STATEMENT OF PARTICULARS CONCERNING THE UNSAFE AND
DANGEROUS PROPERTY: THE GARAGE DOOR IS MISSING AND THE
ROOF ON THE SOUTH SIDE OF THE GARAGE STRUCTURE HAS
COLLAPSED AND NEEDS TO BE REMOVED AS IT PRESENTS A
COLLAPSE HAZARD FOR ANYONE ENTERING THE PROPERTY.
THEREFORE THE GARAGE STRUCTURE IS IN DISREPAIR,
DANGEROUS AND UNSAFE;
3. THE TOWN BOARD IS OF THE OPINION THAT THE OWNER SHOULD
BOARD UP THE STRUCTURE AND REMOVE THE PARTIALLY
COLLAPSED ROOF. THIS ACTION MUST COMMENCE WITHIN 30
DAYS OF RECEIPT OF THIS NOTICE AND BE COMPLETED WITHIN 60
DAYS THEREAFTER UNLESS GOOD CAUSE IS SHOWN BY THE
PROPERTY OWNERS OR OTHER INTERESTED PERSON WHEREUPON
THE TIME SHALL BE EXTENDED BY THE TOWN BOARD;
4. A HEARING BEFORE THE QUEENSBURY TOWN BOARD
CONCERNING THE DANGEROUS OR UNSAFE CONDITION OF THE
PROPERTY SHALL BE HELD ON MONDAY, APRIL 15TH, 2019 AT 7:00
P.M., IN THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD,
QUEENSBURY;
5. IN THE EVENT THAT THERE IS NEGLECT OR REFUSAL TO COMPLY
WITH THE ORDER OF THIS BOARD, THE TOWN BOARD MAY TAKE
ACTION TO ARRANGE FOR THE BOARDING UP AND/OR ROOF
REMOVAL OF THE STRUCTURE, ASSESS ALL ASSOCIATED
EXPENSES AGAINST THE REAL PROPERTY PER QUEENSBURY
TOWN CODE §60-11 AND INSTITUTE SPECIAL PROCEEDINGS TO
COLLECT THE COSTS,INCLUDING LEGAL EXPENSES.
BY ORDER OF THE QUEENSBURY TOWN BOARD BY RESOLUTION DATED
MONDAY,APRIL 1ST, 2019.
DATED: APRIL ,2019
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY
2