Loading...
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