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1992-10-13 SPECIAL TOWN BOARD MEETING OCTOBER 13, 1992 4:00 P.M. MTG#98 RES# 550-551 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN ATTORNEY PAUL DUSEK Supervisor Brandt -Opened meeting. UNSAFE STRUCTURE-DAVID HATIN Mr. Hatin-Presented pictures to Board. Basically, this was brought to my attention back in the end of July, July 31st. We sent a letter to the owner at that time requesting the property to be cleaned up, but actually it was cleaned up substantially then what you see in those pictures. Councilman Caimano-It is cleaned up substantially. Mr. Hatin-It was on the outside. There was garbage strewn allover somebody just moved out and left it the way it was. Councilman Monahan-Are those pictures before or after? Mr. Hatin- That's after. Councilman Monahan-That's after he cleaned up. Mr. Hatin- That's after he cleaned up. At that time, I also asked him to board it up and he didn't so I sent him a following letter on August 24th, requesting that he board it up and I've received no response from him or anything. We got another complaint from the Sheriffs Department last week which prompted me to take action a little quicker than I anticipated because I was going to bring this in with another matter. Therefore, I went out last Thursday, took those pictures that you see before you and I've asked Mike as well as the Town Board if we can pursue this through the Unsafe Buildings Act under the Code of Queensbury. Just basically right now the Board will probably authorize him to clean up the mess that's in the back where the garage or whatever you want to call it is. Councilman Tucker-The holes in the floor are still there? Mr. Hatin-Still there. Councilman Tucker-No doors on it or nothing? Mr. Hatin-It's opened to anyone who wants to walk in. There is nothing to stop anyone from walking and falling through. Supervisor Brandt-It's unfit for the purposes from which it may be lawfully used. In otherwords it really lawfully can be used as a home, right? Mr. Hatin- That's right that's what it was up till about the end of July. Supervisor Brandt-It's certainly unfit for a home that's obvious from the pictures and from looking inside. Councilman Caimano-I'll go ahead and move the resolution. Councilman Monahan- I just wanted to add something for a minute that I want to make sure we take care of. Paul, I see two things that concern me very much that I think are immediate. That is in Dave's letter, second paragraph near the end there is an open panel box with several wires sticking out of it and has no cover on it. This panel is currently energized and is just inside the front door, now that's a real hazardous thing. Secondly, the other one is in the next paragraph, paragraph 10, 12, and 13th, shows holes in the first floor which lead directly to the basement. Somebody enter this structure and not pay attention to where they are walking you could very easily fall through into the basement those are two immediate hazard conditions. I think we should treat those two as immediate hazards. Attorney Dusek-What Betty is referring to there is a provision under the law which has been used by the board in the past. It's called Emergency Cases it's 60-11. It says, where it reasonably appears that there is present a clear and eminent danger to life, safety or health of any person or property unless and unsafe building is immediately repaired, secured or demolished the Town Board may by resolution authorize the director to immediately cause the repair of the unsafe building the expenses shall be assessed against the real property. In those cases if you feel there is a clear and eminent danger you don't even have to go ahead with the hearing you just go ahead and do whatever minimal amount of work that has to be done to make it safe then you would still go ahead though with this other resolution so you would have two resolutions one of which you would make from the floor right now if you feel it's appropriate. Councilman Monahan-I remember one time, Paul in one building we had that power cut immediately so somebody couldn't get hurt. Supervisor Brandt -Your really talking two things. One, is if someone walks in that building and falls through the floor that's terribly dangerous the other one is the electrical. I would say, minimum at least board the thing up so no one can get in or shut off the electric and board it up. Councilman Tucker-I'd shut the power off. Councilman Caimano- I' d shut the power off immediately. Councilman Tucker-And board it up. I wouldn't try to patch the holes in the floor. Councilman Monahan-But, make it so nobody could get in and... Councilman Caimano- Why don't we do both then. Councilman Monahan-And that would go on his tax roll right, any work we did to board it up. Attorney Dusek-Right, you would forward it on to the County for assessment. Councilman Caimano-So we can do that. Attorney Dusek-Yes, you need a separate resolution though. Councilman Caimano- The point is the Town can go and board it up under this resolution. Attorney Dusek-Right. Supervisor Brandt-Who physically does it? Attorney Dusek-In the past they either used Town forces on a minor situation or if it's something that needs a little bit more elaborate they've contracted out. Mr. Hatin-For something like this we could use the Building and Grounds all we need is some plywood and some nails. Councilman Caimano-For boarding it up, but we still have to cut the power. Mr. Hatin-Nimo would do that at our request. Supervisor Brandt -So would you dictate a resolution like that. Councilman Caimano-By the way, I'm withdrawing. Town Clerk, Dougher-Your withdrawing. Councilman Caimano- That introduction. Councilman Monahan-Dave you would keep track of the hours and materials used out there. Mr. Hatin-He will do that for me. That was the choice I was going to give to the Board either take care of it immediately or if you want... Councilman Monahan-I think that we have to do it immediately. Attorney Dusek-Actually as I'm thinking about maybe what we could do to make this a little cleaner is in that resolution that's before you we could just simply add a resolved clause. After further revisions to the resolution the following resolution was passed. RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY KENNETH ERMIGER IS UNSAFE - TAX MAP NO. 73-1-4 RESOLUTION NO. 550, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Mr. David Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as Route 9, Town of Queensbury, and bearing tax map no. 73-1-4, and has made findings as more specifically set forth in a letter dated October 13, 1992, a copy of which is presented to this meeting, and WHEREAS, Mr. David Hatin advises the Town Board of the Town of Queensbury that, in his opinion, an open structure on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property secured if the property owner fails to board up all windows and doors, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, the structure is unsafe and dangerous and thereafter order their repair or demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon, bearing tax map number 73-1-4, appear to be: 1. Presently unsafe and dangerous; 2. Potentially an object of attraction and danger to minors; and 3. Unfit for the purposes for which it may be lawfully used, and BE IT FURTHER RESOLVED, that after review and consideration of the matter the Town Board finds that the current situation of electrical power to the building as well as the dangers within the building should someone happen to go within the building with the floors in the condition that they are in, warrant a determination that there is present a clear an eminent danger to life, safety or health of any person and or the property itself under the circumstances unless the building is immediately repaired and secured or demolished and therefore the Town Board by this resolution authorizes the Director of Building and Code Enforcement to immediately cause the repair of the building such that the power is disconnected through contact with Niagara Mohawk Power Corporation and the building is immediately boarded up, AND BE IT FURTHER RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. That the Owner be given notice of the Town's determination and authorize action in accordance with the resolution finding an eminent danger to the life, safety or health of a person and or the property 2. A description of the premises, 3. A statement of particulars in which said structure thereon appears to be unsafe and dangerous, as set forth in Mr. Hatin's letter, 4. Unless an emergency condition is demonstrated, the Code provides the repair and clean up of said structure must be commenced in 30 days of receipt of this Notice and be completed within 60 days thereafter, unless good cause is shown by the property owner whereupon the time shall be extended by the Town Board of the Town of Queensbury, 5. That a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on October 26th, 1992, at 7:00 p.rn., in the Queensbury Activities Center, or not less than five (5) days from the date of service of this said Notice, whichever date if later, 6. That, at the hearing, the Town Board will also consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the building is immediately closed or repaired, as set forth herein, and whether to authorize the Director of Building & Codes to immediately repair or close the premises and thereafter assess any charges to the real property as per §68-11 of the Code of the Town of Queensbury. 7. In the event that there is neglect or refusal to comply with the order of this Board to board up the structure located on said property, the Town Board is authorized to take action to have the property secured and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of said action, including legal expenses. and BE IT FURTHER RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the cost incurred by the Town in carrying out the purposes of this resolution shall be assessed against the property in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 13th day of October, 1992, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None DISCUSSION HELD Discussion held regarding letter sent to Contractors regarding requirements related to plot plans and Certificates of Occupancy. It was the decision of the Board to have Jim Martin, Executive Director of Planning, Zoning, Code Enforcement take a look at this. Town Clerk, Dougher-Noted that the report ofInternal Control Instruction and Compliance and the Independent Auditors Report dated December 31st, is on file. RESOLUTION AUTHORIZING EXPENDITURE FOR APPRAISAL RESOLUTION NO. 551,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an expenditure of not more than $750.00 as payment for the cost of an appraisal for the Howard Johnson's property to be used in connection with the 1992 tax assessment challenge, and BE IT FURTHER RESOLVED, that the cost of said appraisal shall come from the appropriate Assessor's line item account covering appraisals. Duly adopted this 13th day of October, 1992 by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None Budget Workshop held regarding landfill and cemetery and various other departments. No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk, Town of Queensbury