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286.2003 RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE ON PROPERTY OWNED BY EDWARD CORLEW AND LOCATED AT 24 BOULEVARD (TAX MAP NO.: 303.20-1-11) RESOLUTION NO.: 286, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, property located at 24 Boulevard in the Town of Queensbury has been the subject of ongoing litigation by the Town, and WHEREAS, for many years the property was occupied by Edward F. Corlew, Sr., who allowed the accumulation of garbage consisting mainly of discarded television sets on the premises, and st WHEREAS, on January 21, 2003, the Town obtained a Decision and Order against Edward § Corlew finding that he had violated Town Code 102-3 by allowing the accumulation of garbage at this address, and WHEREAS, approximately one month after the Court’s Decision and Order was issued and before the property was brought into compliance, the Town received notice from Attorney Walter J. Law th that Edward Corlew passed away on February 25, 2003, and § WHEREAS, the property remains in violation of Town Code 102-3 because of the accumulation of garbage, and WHEREAS, since the death of Edward Corlew, the property has remained vacant, and WHEREAS, the Warren County Sheriff’s Office has contacted the Town of Queensbury’s Director of Building and Codes Enforcement (Director) to report that the property is being vandalized, 1 that minors are using the property as a gathering place and that the structure is unsafe and considered by them to be a nuisance, and WHEREAS, the Director reports that the building is currently in violation of Queensbury Town Code Chapter 88 because it is not being maintained in accordance with the New York State Building Code, and WHEREAS, the Director has represented to the Town Board that the building currently presents a threat to persons and property, and WHEREAS, the Town is unable to determine the current owner of the property at 24 Boulevard because, although Town tax records list the property as being owned by Eugene R. Corlew, no taxes have been paid to the Town since at least 1994, and WHEREAS, the Warren County Treasurer reports that no taxes have been paid on the property for 1999 through the present, and WHEREAS, inquiry was made to Walter Law who represented Edward Corlew in defense of the Town Code violations but Mr. Law is unable to provide the names and addresses of any persons having or claiming an interest in the real property, 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 renovated or demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board hereby determines that the building and premises at 24 Boulevard, Queensbury, New York appears to be dangerous and unsafe to the public, and 2 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 permit unauthorized entry and authorizes and directs the expenditure of sums not to exceed $1,000 from Account No.: 001-3650-4400 for the purpose of immediately securing the building at 24 Boulevard, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller’s Office to take all action necessary to transfer $1,000 from Account No.: 001-1990-4400 to Account No.: 001-3650- 4400 and amend the 2003 Town Budget accordingly, and BE IT FURTHER, th RESOLVED, that the Town Board shall hold a hearing concerning this matter on July 7, 2003 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), and BE IT FURTHER, RESOLVED, that Notice of such Hearing in the form attached shall be provided by 1) posting on the property and 2) mailing to the last address(es) of record. 3 th Duly adopted this 16 day of June, 2003, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None 4