493.2008
RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE
LOCATED ON PROPERTY OWNED BY
DAMIAN AND PATRICIA KILMARTIN
RESOLUTION NO. 493, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) and the Town Health Officer inspected a mobile home on property owned by Damian and
Patricia Kilmartin located at 13 Columbia Avenue in the Town of Queensbury (Tax Map No.: 309.7-
1-27) and found that vagrants were living in the abandoned mobile home, the structure is showing
signs of neglect and lack of maintenance, unhealthy conditions exist inside and it is in general disrepair,
and the exterior of the structure is not being maintained, and so the structure is generally in disrepair,
unusable and unsafe, and
WHEREAS, the Director advised Mr. and Mrs. Kilmartin to take appropriate measures to
ensure that the structure be immediately vacated and then demolished as more specifically set forth in
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the Director’s August 26, 2008 letter to the Kilmartins presented at this meeting, and
WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the
structure is dangerous and unsafe to the general public and therefore would like the Town Board to
take action if the property owner fails to vacate and remove the structure from the property, 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 demolished and 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 mobile home owned by Damian and Patricia Kilmartin and located at
13 Columbia Avenue in the Town of Queensbury (Tax Map No.: 309.7-1-27) appears to be
dangerous and unsafe to the public, and
BE IT FURTHER,
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe
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structure on Monday, November 17, 2008 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 owners or their
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).
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Duly adopted this 20 day of October, 2008, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Montesi
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