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BOH03.2003 RESOLUTION DECLARING A HEALTH HAZARD AND SETTING HEARING CONCERNING UNSAFE PROPERTY OF BILLY JOE MEADER LOCATED AT 24 GARNER STREET - TAX MAP NO.: 309.11-1-16 BOARD OF HEALTH RESOLUTION NO. 3, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Director of Building & Codes Enforcement has advised the Town of Queensbury Local Board of Health that he has received a complaint concerning a septic system overflowing on property owned by Billy Joe Meader and located at 24 Garner Street, Queensbury (Tax Map No.: 309.11-1-16), as more specifically set forth in Mr. Hatin’s letter dated nd December 2, 2002, and WHEREAS, the Director has investigated and inspected the property and has advised that the septic system has overflowed on the property and therefore, in his opinion, there are violations of the Town’s Sanitary Sewage Ordinance, the property constitutes a health hazard and nuisance to the neighborhood, is unsafe to the general public and therefore the Director strongly recommends that the Board of Health take action if the property owner fails to correct the septic system, and nd WHEREAS, the Town’s Health Officer has advised the Town by letter dated January 2, 2003 that in his opinion the property is a public health hazard and therefore has strongly recommended that the property be corrected and brought into compliance with the Sanitary Sewage Code, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property owned by Billy Joe Meader bearing Tax Map No.: 309.11-1-16 and located at 24 Garner Street, Queensbury is a health hazard and appears to be a potential object of attraction to rodents and animals, a nuisance, unsafe and dangerous and therefore the property must be corrected and brought into compliance with the Town’s Sanitary Sewage Ordinance, and BE IT FURTHER, RESOLVED, that the Town Board finds the premises to be uninhabitable due to the failed septic system, and BE IT FURTHER, RESOLVED, that the property owner shall immediately commence correcting the septic system and cleaning-up the property unless good cause is shown by Mr. Meader or other interested persons whereupon the Town Board shall consider a time extension, and BE IT FURTHER, RESOLVED, that if the septic system is not replaced by the date of the public hearing and evidence of such replacement is not provided to the Town Board, then the Town Board intends to declare the premises to be uninhabitable and will order the property vacated and water service to the uninhabitable property shall be terminated, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health shall hold a hearing th concerning the property on January 27, 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 2 Codes Enforcement to serve a notice setting forth its determinations upon the property owner and the tenant, or 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 New York Public Health Law. th Duly adopted this 6 day of January, 2003, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES : None ABSENT : None 3