Loading...
344.94 RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY MARION MICHELLE IS UNSAFE - TAX MAP NO. 110-7-3 RESOLUTION NO. 344.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Mr. David Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as The Old Stone Crest Inn, and outbuildings, located at the intersection of Highland Avenue and River Street, Town of Queensbury, and bearing tax map no. 110-7-3, and has made findings as more specifically set forth in a letter dated June 22, l994, 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 outbuildings and The Old Stone Crest Inn on the property present a hazard and a nuisance to the neighborhood and are unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to order the Old Stone Crest Inn repaired and the outbuildings demolished and, in the interim, have the property secured if the property owner fails to board up the buildings, 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, the structures are 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 structures thereon, bearing tax map number 110-7-3, appear to be: 1. Presently unsafe and dangerous; 2. Potentially an object of attraction and danger to minors; and 3. Unfit for the purposes for which they 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 2 in Mr. Hatin's letter, 3. The Town Board feels, based on current information, that the Old Stone Crest Inn and the outbuildings should be immediately boarded up to prevent entry and thereafter The Old Stone Crest Inn repaired and the outbuildings demolished 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, which may require action sooner, the Code provides that repair and/or demolition of said structures 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 July 18th, l994, 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 buildings are immediately closed, repaired or demolished, as set forth herein, and whether to authorize the Director of Building & Codes to immediately repair, demolish or close and board up the premises and thereafter 3 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 repair and/or demolish the structures 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 11th day of July, l994, by the following vote: AYES : Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT : None 4