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201.2020 Authorizing Commencement of Supreme Court Action - Enforce Code - Property Located at 32 Homer Ave RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION TO ENFORCE CODE AGAINST NON-COMPLIANT PROPERTY LOCATED AT 32 HOMER AVENUE RESOLUTION NO.: 201, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, a fire occurred at a structure on property located at 32 Homer Avenue in the Town of Queensbury, identified as tax map no.: 302.8-1-31 (the “Property”), on or about July 14, 2019, and WHEREAS, Judy Pontiff is believed to be the owner of the Property, and WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (“Director”) has viewed the structure that was damaged by the fire and has found that there is no roof on the structure thereby leading to its further destruction and decay and presenting a hazard to anyone who should enter the Property and the public, and the structure is generally in disrepair, unusable and unsafe, and WHEREAS, the Director reports that he has provided letters dated August 7, 2019 and October 28, 2019 and communicated several times with Ms. Pontiff but despite the Director’s reasonable efforts to bring about voluntary compliance, Ms. Pontiff has not adequately secured the Property, brought it into compliance with Town and State Code provisions or taken any measures to bring about compliance, and WHEREAS, the Property remains in an unsafe and unsecured condition, posing an imminent danger to the health and safety of the public, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a Supreme Court Action to temporarily and permanently compel compliance with any and all applicable Town Code and State Code provisions together with a request for costs and expenses associated with litigation, and BE IT FURTHER RESOLVED, that the Supreme Court Action may be commenced against any and all persons having any legal interest in the Property and have any legal obligation to keep the Property in a safe and lawful condition including, but not necessarily limited to Judy Pontiff as well as any party believed by Town Counsel to be necessary for full resolution of this matter, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such Court action and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. st Duly adopted this 1 day of June, 2020, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None