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276.92 RESOLUTION CONCERNING FENCE ON FLYNN PROPERTY RESOLUTION NO. 276, 92 , Introduced by Mr. Michel Brandt who moved for it's adoption, seconded by Mr. Nick Caimano. WHEREAS, in Resolution No.: 412, 1990, the Town Board of the Town of Queensbury previously made certain findings and orders concerning certain conditions consisting of an alleged failing retaining wall reportedly existing on property owned by Mr. and Mrs. Flynn on Mannis Road in the Town of Queensbury, and WHEREAS, at such time that the Town Board previously considered the property, an Order was ultimately made which, among other things, instructed Mr. and Mrs. Flynn to install fencing upon the property, such fencing to be located on the roadside as well as the lakeside, and such fencing to be secure fencing secured by post and planted in the ground or otherwise secured as the Flynns and their engineers felt appropriate, and also an Order was made directing that fencing also be placed on adjoining properties, if permissible with the landowners, and WHEREAS, fencing was installed by Mr. and Mrs. Flynn, but it has come to the attention of the Town Board that said fencing is now collapsed or collapsing, and WHEREAS, the Director of Building and Codes Enforcement has issued his report in connection with the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after consideration of the reports and the Town Board's previous action, hereby also determines that an unsafe structure exists upon the premises, and that the premises should immediately be secured by way of fencing or in another appropriate manner, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby directs that notice be given to Mr. and Mrs. Flynn and their attorney that an unsafe condition exists upon the property owned by Mr. and Mrs. Flynn as previously determined by the Town Board and that the fencing which was previously installed has fallen down and the same or different fencing must be erected or the property otherwise secured, and posted with no entry or no trespassing or other appropriate signage, and BE IT FURTHER, RESOLVED, that the aforesaid notice shall consist of a letter including a copy of this resolution which shall be personally delivered to the attorney representing Mr. and Mrs. Flynn, and if possible, Mr. or Mrs. Flynn, and BE IT FURTHER, RESOLVED, that Mr. and Mrs. Flynn are hereby notified of the following by service of a copy of this resolution: a. a description of the premises as that premises lying off of Mannis Road near Glen Lake and bearing tax map no.: 40-1-43. b. a statement of particulars in which the structure is considered unsafe or dangerous is provided by reference to the previous resolutions no.: 387 and 412 adopted by the Town Board of the Town of Queensbury and two letters from Rist-Frost Engineers, P.C. c. an order outlining the manner in which the structure is to be made safe and secure or demolished and removed is set forth herein that suitable fencing is to be installed around the perimeter of the premises. d. date, time, and place for a hearing before the Town Board in relation to the matter set forth herein shall be the 18th day of May, 1992, or not less than five days after date of service of this notice. e. in the event of neglect or refusal to comply with this order and secure or correct the unsafe structure or install fencing, the Town Board is authorized to provide for the fencing and pay for the same, and install the same, and assess all expenses thereof against the real property on which it is located and to institute a special proceeding to collect the cost, including legal expenses, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury feels that the fencing should be immediately installed and not await the time period of 30 or 60 days for completion and that in the event that the fencing is not installed prior to the time of the hearing, the Town Board reserves the right to evaluate the circumstances and make a decision after hearing from Mr. and Mrs. Flynn or their attorney as to whether fencing should be installed immediately or within a particular time limit, or by the Town, should Mr. and Mrs. Flynn fail to install the fence. Duly adopted this 12th day of May, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None