Loading...
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. th 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