443.2004
RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE
ON PROPERTY OWNED BY MARY SMITH LOCATED AT
46 RHODE ISLAND AVENUE (TAX MAP NO.: 309.9-3-24)
RESOLUTION NO. 443, 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)
has inspected a structure on property owned by Mary Smith located at 46 Rhode Island Avenue in the
Town of Queensbury (Tax Map No.: 309.9-3-24) and has found that the door at the rear of the vacant
structure is fully open to the public and being used by children as a playground, creating a potential
problem within the neighborhood, and therefore the structure is dangerous and unsafe, and
WHEREAS, the Director has advised Ms. Smith to take appropriate measures to secure the
structure so that there can be no entry into the structure as more specifically set forth in the Director’s
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August 10, 2004 letter presented at this meeting, and
WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the
structure is dangerous and unsafe to the general public and therefore would like the Town Board to take
action if the property owner fails to secure the structure, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town
Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe
and dangerous, and if so, order that notice be served upon the owner or other persons interested in the
property that the structure must be demolished and removed,
NOW, THEREFORE, BE IT
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RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town
Board hereby determines that the vacant, open structure at 46 Rhode Island Avenue, Queensbury, New
York appears to be dangerous and unsafe to the public, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and
Codes Enforcement and/or the Department of Buildings and Grounds to cause the building to be secured
and/or boarded up to prohibit unauthorized entry and authorizes and directs the expenditure of a sum not
to exceed $1,000 from Account No.: 001-3650-4400 for the purpose of immediately securing the
building, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Accounting Office to take all action
necessary to transfer $500 from Account No.: 001-1990-4400 to Account No.: 001-3650-4400 and
amend the 2004 Town Budget accordingly, and
BE IT FURTHER,
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RESOLVED, that the Town Board shall hold a hearing concerning this matter on September 27,
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 her
executor, legal representative, agent, lessee 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).
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Duly adopted this 13 day of September, 2004, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT:Mr. Turner
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