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
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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.
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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