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
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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
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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,
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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
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