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411.2004 RESOLUTION ORDERING REMOVAL OF UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY HOWARD TOOMEY AND LOCATED AT INTERSECTION OF ROCKWELL AND SUNNYSIDE ROADS RESOLUTION NO.: 411, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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. Kevin Toomey has collapsed the building as required but has not yet dismantled and removed it as is necessary for public safety, 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 nd WHEREAS, on August 2, 2004, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and th WHEREAS, the Town Board held a hearing concerning this property on August 16, 2004 and notice of this hearing was served in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Howard Toomey to immediately begin removal of the structure located at the intersection of Rockwell and Sunnyside th Roads in the Town of Queensbury and complete the removal process by 5:00 p.m., September 13, 2004, and BE IT FURTHER, th RESOLVED, that if the structure is not removed by September 13, 2004, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to remove the structure, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the removal, including legal expenses, if necessary. th Duly adopted this 16 day of August, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None 2