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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 th 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 1 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, th 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). 2 th 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 3