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441.93 RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY KENNETH ERMIGER IS UNSAFE - TAX MAP NO. 73-1-4 RESOLUTION NO. 441, 93 INTRODUCED BY:Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Mr. David A. Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as located adjacent to Route 9 south of the Route 9 intersection with Round Pond Road, Town of Queensbury, and bearing tax map no. 73-1- 4, and has made findings as more specifically set forth in a letter dated August 9, 1993, a copy of which is presented to this meeting, and WHEREAS, Mr. David Hatin advises the Town Board of the Town of Queensbury that, in his opinion, the demolished building on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the demolished building removed and the cellar hole filled in if the property owner fails to take action to do so, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, or structure is unsafe and dangerous and thereafter order their repair or demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and demolished structures thereon, bearing tax map number 73-1-4, appear to be: 1. presently unsafe and dangerous; 2. may become a place of rodent infestation; and 3. unfit for the purposes for which it may be lawfully used, and BE IT FURTHER, RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises, 2. A statement of particulars in which said structure thereon appears to be unsafe and dangerous, as set forth in Mr. Hatin's letter, 3. The Town Board feels, based on current information, that the demolished structure should be removed and the cellar hole filled in within 60 days of receipt of this Notice, unless good cause is shown by the property owner or other interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury, 4. Unless an emergency condition is demonstrated, the Code provides that the work ordered hereunder must be commenced in 30 days of receipt of this Notice and be completed within 60 days thereafter, unless good cause is shown by the property owner whereupon the time shall be extended by the Town Board of the Town of Queensbury, 5. That a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on August 23, 1993, at 7:00 p.m., in the Queensbury Activities Center, or not less than five (5) days from the date of service of this said Notice, whichever date if later, 6. That, at the hearing, the Town Board will also consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the demolished building is immediately removed and cellar hole filled in, as set forth herein, and whether to authorize the Director of Building & Codes to immediately perform such work and thereafter assess any charges to the real property as per §68-11 of the Code of the Town of Queensbury. 7. In the event that there is neglect or refusal to comply with the order of this Board to remove the demolished structure and fill in the cellar hole located on said property, the Town Board is authorized to take action to have the property secured and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of said action, including legal expenses. and BE IT FURTHER RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None