390.2004
RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE
LOCATED ON PROPERTY OWNED BY
HOWARD TOOMEY
RESOLUTION NO. 390. 2004
INTRODUCED BY: Mr. Roger Boor
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) inspected a structure on property owned by Howard Toomey located at the intersection of
Rockwell and Sunnyside Roads in the Town of Queensbury (Tax Map No.: 290.5-1-59) and found
that the outside walls are bowing, the roof has collapsed forcing the structure in the direction of
Rockwell Road and is generally in disrepair, unusable and unsafe, and
WHEREAS, the Director advised Mr. Kevin Toomey to take appropriate measures to
dismantle and remove the structure from the property as more specifically set forth in the Director’s
st
May 21, 2004 letter presented at this meeting, and
WHEREAS, Mr. Hatin advised the Town Board that in his opinion, the structure on the
property is dangerous and unsafe to the general public and therefore, in accordance with the emergency
§
provisions of Queensbury Town Code 60-11, Mr. Hatin requested Town Board authorization to
allow him to arrange for immediate demolition of the structure, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and §130(16) of New
York State Town Law, by Resolution the Town Board may determine whether in its opinion a
structure is unsafe and dangerous, and if so, order its demolition and/or order that notice be served
upon the owner or other persons interested in the property that the structure must be renovated or
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 structure owned by Howard Toomey and located at the intersection of
Rockwell and Sunnyside Roads in the Town of Queensbury (Tax Map No.: 290.5-1-59) 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
th
structure on August 16, 2004 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 owner or its
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).
nd
Duly adopted this 2 day of August, 2004, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Stec, Mr. Boor
NOES : None
ABSENT: Mr. Brewer
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