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355.91 RESOLUTION TO ENACT LOCAL LAW NUMBER 9, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 58 TO BE ENTITLED "BUILDINGS, ELEVATORS REQUIRED", WHICH CHAPTER PROVIDES FOR THE INSTALLATION OF SUITABLE ELEVATORS IN ALL HOUSING COMPLEXES FOR THE ELDERLY OR HANDICAPPED, WHICH CONTAIN 10 OR MORE UNITS ABOVE THE FIRST FLOOR RESOLUTION NO. 355, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law entitled, "A Local Law to Amend the Code of the Town of Queensbury By Adding a New Chapter 58" thereof Entitled 'Buildings, Elevators Required,' to add a new chapter concerning the installation of suitable elevators in all housing complexes for the elderly or handicapped, which contain 10 or more units above the first floor, and WHEREAS, a copy of the aforesaid proposed Local Law entitled "A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 58 to be Entitled 'Buildings, Elevators Required', Which Chapter Provides for the Installation of Suitable Elevators in all Housing Complexes for the Elderly or Handicapped, which Contain 10 or More Units Above the First Floor", was previously presented to the Town Board, WHEREAS, on June 3, 1991, a public hearing was held with regard to this Local Law as then written, and WHEREAS, following said public hearing, the Town Board of the Town of Queensbury determined that it would be appropriate to further identify those buildings in which it would be necessary to construct or install elevators, and so revising said Local Law, adopted the same, and WHEREAS, that section of the Law revised by the said Town Board following the public hearing was determined not to require a further public hearing, and WHEREAS, the Town Attorney has advised that the previous resolution of adoption should be rescinded and the Local Law readopted only after the same has been before the Board in final form for seven days or after the supervisor has issued a certificate as to the necessity for immediate passage, and WHEREAS, the Town Supervisor has certified as to the necessity for immediate passage of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinded its previous resolution whereby it adopted the Local Law presented at this meeting, and RESOLVED, that the Town Board of the Town of Queensbury, after due consideration of the Supervisor's Certificate of Necessity, hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 58 to be entitled "Buildings, Elevators Required," which chapter provides for the installation of suitable elevators in all housing complexes for the elderly or handicapped, which contain 10 or more units above the first floor, to be known as Local Law Number 8, 1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 17th day of June, 1991, by the following vote:' Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None LOCAL LAW NO. : 8 , 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 58 TO BE ENTITLED "BUILDINGS, ELEVATORS REQUIRED", WHICH CHAPTER PROVIDES FOR THE INSTALLATION OF SUITABLE ELEVATORS IN ALL HOUSING COMPLEXES FOR THE ELDERLY OR HANDICAPPED, WHICH CONTAIN 10 OR MORE UNITS ABOVE THE FIRST FLOOR BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1: The Code of the Town of Queensbury is hereby amended by adding thereto a new Chapter, to be Chapter 58, Buildings, Elevators Required, to read as follows: 58-1 Legislative Intent: The Town Board of the Town of Queensbury finds that it is in the interest of the health, safety and general welfare of the Town to require that all housing complexes for the elderly or handicapped which contain ten (10) or more units above the first floor in any single building equipped with suitable elevators to permit access to the upper floors of such housing projects, 58-2 Definitions: As used in this local law, the following terms shall have the meanings indicated: HOUSING COMPLEX FOR THE ELDERLY OR HANDICAPPED - A housing complex built for the express purpose of providing housing for households where the tenant or co-tenant is at least sixty-two (62) years of age, disabled or handicapped. 58-3 Elevator Required: All house complexes for the elderly or handicapped which contain ten (10) or more units above the first floor in any single building and which are constructed within the Town of Queensbury, New York after the date of adoption of this local law shall have such buildings equipped with suitable elevators to permit access to the upper floors of such housing complexes. The standards of suitability of such elevators shall be in the discretion of the Code Enforcement Officer but shall be installed and maintained in accordance with all applicable governmental laws, rules and regulations. 58-4 Severability: Should any section of this local law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the local law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. SECTION 2: When Effective: This Local Law shall take effect immediately upon filing with the Secretary of State.