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220.2004 RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. ARTHUR BROWN RESOLUTION NO.: 220, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously commenced multiple actions against Arthur § Brown for violations of Queensbury Town Code 102-3, the Town’s Ordinance regulating junkyards for maintaining a junkyard without a permit at property located at 69 Birch Road in the Town of Queensbury, and WHEREAS, in addition, there have been violations of Chapter 96 for illegal dumping on the property, and WHEREAS, Chapter 88 of the Town Code provides for administration and enforcement of the New York State Building Code and related laws, codes, ordinances, and regulations, and WHEREAS, the Town’s Fire Marshal is charged with enforcement of the New York State Building Code, and WHEREAS, under §907.3.2.1.2 of the New York State Fire Code, multi-family dwellings must be inspected to ensure that there are adequate smoke detectors to safeguard human life and property, and WHEREAS, the Brown property is used as a multi-family dwelling, and WHEREAS, Arthur Brown has refused admittance to the Fire Marshal for the purpose of determining the number and placement of smoke detectors, and WHEREAS, the Town’s Director of Building and Code Enforcement has recommended to the Town Board that it commence a Supreme Court action against Mr. Brown to require the clean-up of the property and compliance with the New York State Building Code and with the Town Code, and WHEREAS, the Queensbury Town Court lacks injunctive power to require the clean-up of the property, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive relief, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and injunctive relief in the matter of the Town of Queensbury vs. Arthur Brown as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence such proceeding and effectuate all terms of this Resolution. th Duly adopted this 19 day of April, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None