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BOH40.2000 RESOLUTION ORDERING ROBERT AND KIM NORTHGARD TO CLEAN-UP AND SECURE PROPERTY LOCATED AT 425 CORINTH ROAD, QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 40, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, advised the Town of Queensbury Local Board of Health that he received a complaint about a large amount of garbage in the garage on property located at 425 Corinth Road, Queensbury (Tax Map No.: 147-1-10.1), owned by Robert and Kim Northgard, and WHEREAS, Mr. Hatin investigated and inspected the property and has advised the Local Board of Health that there is a large amount of garbage and rubbish in the garage and therefore, in his opinion, the property is a health hazard and nuisance to the neighborhood and the structure is unfit for human occupancy and unsafe to the general public and therefore Mr. Hatin strongly recommends that the Board of Health take action if the property owners fail to clean-up and secure the property as more rd specifically set forth in Mr. Hatin’s letter dated October 3, 2000, and WHEREAS, Robert L. Evans, D.O., the Town’s Public Health Officer, has advised the Town ndth by letters dated November 2 and November 8, 2000 that in his opinion the property is a health hazard and public nuisance, and therefore has recommended that the property be cleaned up and the garbage removed immediately, and th WHEREAS, on November 6, 2000, the Local Board of Health declared this property to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and ordered Mr. and Mrs. Northgard to commence cleaning-up and securing the property, and WHEREAS, the Local Board of Health held a hearing concerning the property on November th 20, 2000 and notice of this hearing was served in accordance with the provisions of the New York Public Health Law, and WHEREAS, the Director of Building and Codes has advised the Local Board of Health that he has again inspected the property and in his opinion, Mr. and Mrs. Northgard have not commenced cleaning-up and securing the property, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that Robert and Kim Northgard have not commenced cleaning-up and securing the property located at 425 Corinth Road, Queensbury, such property 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 Robert and Kim Northgard to abate the nuisance and health hazard by cleaning up the garbage and debris within three (3) days of the date of service of this Resolution and Order upon Mr. and Mrs. Northgard and posting on the property, 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 property 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, Robert and Kim Northgard are 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. th Duly adopted this 20 day of November, 2000, by the following vote: AYES : Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None I, Caroline H. Barber, Deputy Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above th adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 20 day of November, 2000 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, st this 21 day of November, 2000. SEAL SIGNED:____________________________ Caroline H. Barber Deputy Town Clerk, I Town of Queensbury