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310.2003 RESOLUTION ORDERING CLEAN-UP OF RUBBISH ON PROPERTY OWNED BY EDWARD CORLEW AND LOCATED AT 24 BOULEVARD RESOLUTION NO.: 310, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 rubbish 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 rubbish 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. th Law 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 rubbish, and WHEREAS, since the death of Edward Corlew, the property has remained vacant, and WHEREAS, the Warren County Sheriff’s Office contacted the Town of Queensbury’s Director of Building and Codes Enforcement (Director) to report that the property was being vandalized, that minors were using the property as a gathering place and that the structure was unsafe and considered by them to be a nuisance, and WHEREAS, the Director reported that the building was in violation of Queensbury Town Code Chapter 88 because it was not being maintained in accordance with the New York State Building Code and the Director represented to the Town Board that the building presented 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 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 th WHEREAS, on June 16, 2003, the Town Board declared the building and premises on the property to be dangerous and unsafe to the public and authorized and directed 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 authorized and directed the expenditure of sums for the purpose of immediately securing the building at 24 Boulevard, and th WHEREAS, the Town Board held a hearing concerning this property on July 7, 2003 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, and WHEREAS, the Director reported at the hearing that the property was secured and/or boarded up as authorized and directed by the Town Board, but there is still an accumulation of rubbish consisting mainly of discarded television sets on the premises, 2 NOW, THEREFORE, BE IT 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 immediately begin the clean- up of rubbish, consisting mainly of discarded television sets, on the property located at 24 Boulevard in the Town of Queensbury and authorizes and directs the expenditure of sums not to exceed $2,000 from Account No.: 001-3650-4400 for this purpose, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller’s Office to take all action necessary to transfer $2,000 from Account No.: 001-1990-4400 to Account No.: 001- 3650-4400 and amend the 2003 Town Budget accordingly, 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 the Town Board’s 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). th Duly adopted this 7 day of July, 2003, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES : None ABSENT: None 3