465.93
RESOLUTION OF THE TOWN BOARD DETERMINING THAT PROPERTY OWNED BY MR.
BAPP IS UNSAFE - TAX MAP NUMBER 147-1-63
RESOLUTION NO. 465, 93
INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michel Brandt
WHEREAS, Mr. David Hatin of the Building and Codes Department of
the Town of Queensbury has advised that he has investigated and
inspected certain property identified as located on Ogden Road,
Town of Queensbury and bearing Tax Map Number 147-1-63 and has made
findings as more specifically set forth in a letter dated July 28th
1993 to Mr. Bapp a copy of which is presented to this meeting, and
WHEREAS, Mr. Hatin advises the Town Board of the Town of Queensbury
in his opinion that the open cellar hole 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 property secured if the owner
fails to fill in the hole and clean up the miscellaneous debris,
and
WHEREAS, pursuant to Chapter 60 of Code the Town of Queensbury the
Town Board may be resolution determine whether in its opinion the
structure is unsafe and dangerous and thereafter order its repair
and 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 structures thereon bearing Tax Map Number
147-1-63 appears to be:
1. Presently unsafe and dangerous
2. Potentially an object of attraction and danger to minors
3. Unfit for the purposes for which it may be lawfully used
and be it further
RESOLVED, that the Director of Building and Codes be and hereby is
authorized to serve notice upon the owners 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 the particulars in which said structure
thereon which said cellar hole and debris thereon
appears to be unsafe and dangerous as set forth
in Mr. Hatin's letter to Mr. Bapp.
3. The Town Board feels based upon the current information
that the metal should be taken out of the cellar hole
and the hole filled within (30) thirty 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 removal of the metal in the cellar
hole and filling of the hole must be commenced within
(30) thirty days of receipt of this notice and be
completed within (60) sixty 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 of the dangerous or unsafe
condition of the property shall be held on September
13th 1993 at 7:00 P.M. in the Queensbury Activity
Center or not less than (5) five days from the date
of service of this notice whichever date is later.
6. That at the hearing the Town Board will also consider
whether there is a clear an eminent danger for the life
safety or health of any person or property unless
the cellar hole is immediately filled as set forth
herein and whether to authorize the Director of
Building and Codes to immediately repair or close the
premises and thereafter assess any charges to the
real property as per Section 68-11 of the Code of the
Town of Queensbury.
7. In the event that there is neglect or refusal to comply
with this order of the Town Board to remove the metal
from the cellar hole and fill the hole located on said
property the Town Board is authorized to take action to
have the property secured and assess all expenses
thereof against the real property on which it is located
institute special proceedings to collect the cost of
said action including legal expenses.
and be it further
RESOLVED, that service and filing of this notice provided for
herein shall be in accordance with Chapter 60 of the Code of the
Town of Queensbury.
Duly adopted this 23rd day of August, 1993 by the following vote:
AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt
NOES: None
ABSENT: Mrs. Monahan