BOH52.99
RESOLUTION SETTING HEARING ON PROPERTY OWNED BY
ROBERT BINGHAM (TAX MAP NO.: 93-3-8) AND DECLARING
PROPERTY A HEALTH HAZARD
BOARD OF HEALTH RESOLUTION NO. 52, 1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Douglas Irish
WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement,
has advised the Town of Queensbury Local Board of Health that he has received complaints from
neighbors concerning garbage and rubbish on property owned by Robert Bingham and located at 11
East Drive, Queensbury (Tax Map No.: 93-3-8), as more specifically set forth in Mr. Hatin’s letters to
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Mr. Bingham dated August 10, 1999 and Michael Toomey, attorney for Mr. Bingham, dated
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September 10, 1999, and
WHEREAS, Mr. Hatin and Dr. Robert Evans, Town Health Officer, have investigated and
inspected the property and have advised the Local Board of Health that in their opinion the property is
a health hazard and a nuisance to the neighborhood with garbage and rubbish scattered throughout the
property, easily accessible to children, the general public and animals, and is unsafe to the general
public and therefore have strongly recommended that the Board of Health take action if the property
owner fails to clean-up and secure the property,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing all of the evidence presented at this time, the Town of
Queensbury Local Board of Health is of the opinion that the property bearing Tax Map No.: 93-3-8
and located at 11 East Drive, Queensbury appears to be a potential object of attraction to rodents and
animals, a nuisance, health hazard, unsafe and dangerous and therefore the garbage and rubbish should
be removed and the property secured, and
BE IT FURTHER,
RESOLVED, that the property owner shall commence cleaning-up and securing the property
within 30 days of receipt of receiving notice from the Town and complete the work within 60 days
thereafter unless good cause is shown by Mr. Bingham or other interested persons whereupon the
Town Board shall consider a time extension and
BE IT FURTHER
RESOLVED, that the Town of Queensbury Local Board of Health shall hold a hearing
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concerning the property owned by Robert Bingham on November 1, 1999, at 7:00 p.m., in the
Queensbury Activities Center, 742 Bay Road, Queensbury, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and
Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his
executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in
the property, the contents, service and filing of the notice to be in accordance with the New York
Public Health Law.
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Duly adopted this 4 day of October, 1999, by the following vote:
AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES : None
ABSENT : Mr. Turner