381.2004
RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME
COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V.
ARTHUR BROWN – NON-CONFORMING SEPTIC SYSTEM
RESOLUTION NO.: 381, 2004
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Chapter 136 of the Town Code provides for administration and enforcement of
the Town’s On-Site Sewage Disposal Ordinance and related laws, codes, ordinances, and regulations,
and
WHEREAS, Arthur Brown owns property at 69 Birch Road in the Town of Queensbury and
neighbors have reported that Mr. Brown moved his septic system and provided photographs which
support this claim, and
WHEREAS, the Town’s Director of Building and Codes is charged with enforcement of the
Town’s On-Site Sewage Disposal Ordinance, and
WHEREAS, Arthur Brown has refused admittance to the Director of Building and Codes
Enforcement for the purpose of determining whether the septic system was moved; however, the
Director of Building and Codes Enforcement observed heavy equipment and land disturbance
consistent with neighbors’ reports and the Town’s Health Officer has opined that if the septic system
was relocated as neighbors claim, this poses a serious health risk, 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 Mr. Brown to
allow inspection of his septic system and further require him to come into conformance with the
Town’s On-Site Sewage Disposal Ordinance and Town Code, and
WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, 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 26 day of July, 2004, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT : None