BOH34.2002
RESOLUTION ORDERING THE CLEAN-UP AND SECURING OF THE
HOME LOCATED ON PROPERTY OWNED BY THOMAS ST. JOHN AND
LOCATED AT 10 DIVISION ROAD, QUEENSBURY
(TAX MAP NO.: 308.15-1-53.2)
BOARD OF HEALTH RESOLUTION NO. 34, 2002
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Town of Queensbury’s Director of Building and Codes (Director) and Local
Health Officer previously advised the Town’s Local Board of Health that there was a large amount of
junk and debris inside the home and around the property owned by Thomas St. John located at 10
Division Road in the Town of Queensbury (Tax Map No.: 308.15-1-53.2) and therefore, in the
Director’s opinion, the property and home constitute a public health hazard and nuisance to the
neighborhood and are unsafe to the general public and therefore recommended that the Board of
Health take action if the property owner failed to clean-up the home and property, and
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WHEREAS, on May 20, 2002, the Local Board of Health declared the home and property to
be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and
dangerous, and ordered Mr. St. John to commence cleaning-up the home and property, and
WHEREAS, the Local Board of Health held a hearing concerning the home and property on
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June 3, 2002 and notice of this hearing was served in accordance with the provisions of the New
York Public Health Law, and
WHEREAS, the Director has advised the Local Board of Health that he has again inspected
the home and property and Town Building and Grounds personnel have cleaned-up the property but
Mr. St. John has not yet cleaned-up the interior of the home,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that
Thomas St. John has not commenced cleaning-up the interior of the home located at 10 Division Road,
Queensbury, such home being a potential object of attraction to rodents and animals, a nuisance, health
hazard, unsafe and dangerous, and
BE IT FURTHER,
RESOLVED, that Town of Queensbury Local Board of Health, in accordance with the New
York Public Health Law, hereby orders Thomas St. John to abate the nuisance and health hazard by
cleaning up the garbage and debris in the home within three (3) days of the date of service of this
Resolution and Order upon Mr. St. John and Principal Residential Mortgage and posting on the home,
and
BE IT FURTHER,
RESOLVED, that if the nuisance is not abated within such time, then the Local Board of
Health hereby authorizes and directs the Director of Building and Codes Enforcement tomake the
necessary arrangements to clean-up the home immediately in accordance with the emergency
provisions of the New York Public Health Law, and
BE IT FURTHER,
RESOLVED, that in accordance with the New York Public Health Law, Thomas St. John is
responsible for the clean-up expenses and the Local Board of Health may authorize and direct Town
Counsel to commence an action seeking a Court Order authorizing the clean-up and/or collection of
the cost of the clean-up, including legal expenses, if necessary.
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Duly adopted this 3 day of June, 2002, by the following vote:
AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT: Mr. Stec