254.95
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY
OWNED BY LINDA USHER IS UNSAFE - TAX MAP NO. 9-1-37
RESOLUTION NO. 254, 95
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
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 Crossover
Lane, Town of Queensbury, and bearing tax map no. 9-1-37, and has
made findings as more specifically set forth in a letter dated
January 5, 1995, a copy of which is presented to this meeting, and
WHEREAS, Mr. David Hatin has advised the Town Board of the
Town of Queensbury that, in his opinion, the vacant structure on
the property presents a hazard and a nuisance to the neighborhood,
is unsafe to the general public, and does not appear repairable,
and has asked the Town Board of the Town of Queensbury to take
action to have the property demolished and removed if the property
owner fails to demolish and remove said structure, 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 structure is unsafe and dangerous and
thereafter order demolition and/or 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 9-1-37, appear 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
4. unrepairable;
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 herein,
3. The Town Board feels, based on
current information, that the
structure should be demolished and
removed within 30 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. 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 May 1, 1995, 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,
5. 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 building is
immediately demolished and removed
and whether to authorize the
Director of Building & Codes to
immediately demolish and remove from
the premises and thereafter assess
any charges to the real property as
per §68-11 of the Code of the Town
of Queensbury.
6. In the event that there is neglect
or refusal to comply with the order
of this Board to demolish and remove
the structure located on said
property, the Town Board shall take
action to have the building on the
property demolished and removed 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 17th day of April, 1995, by the following
vote:
AYES : Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES : None
ABSENT : Mrs. Pulver