BOH57.99
RESOLUTION ORDERING ROBERT BINGHAM TO CLEAN-UP AND
SECURE PROPERTY LOCATED AT 11 EAST DRIVE, QUEENSBURY
RESOLUTION NO. 57. 99
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, the Town of Queensbury’s Director of Building and Codes and Local Health
Officer previously advised the Town’s Local Board of Health that property owned by Robert Bingham,
11 East Drive, Queensbury (Tax Map No.: 93-3-8) is scattered with garbage and debris, easily
accessible to children, the general public and animals, and unsafe to the general public and therefore
recommended that the Board of Health take action if the property owner failed to clean-up and secure
the property, and
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WHEREAS, on October 4, 1999, the Local Board of Health declared this property to be a
potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous,
and ordered Mr. Bingham to commence cleaning-up and securing the property, and
WHEREAS, the Local Board of Health held a hearing concerning the property on November
st
1, 1999 and notice of this hearing was served in accordance with the provisions of the New York
Public Health Law, and
WHEREAS, the Director of Building and Codes has advised the Local Board of Health that he
inspected the property on this date and in his opinion, Robert Bingham has not commenced cleaning-
up and securing his property located at 11 East Drive, Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that
Robert Bingham has not commenced cleaning-up and securing the property located at 11 East Drive,
Queensbury, such property being a potential object of attraction to rodents and animals, a nuisance,
health hazard, unsafe and dangerous, and
BE IT FURTHER,
RESOLVED, that Town of Queensbury Local Board of Health, in accordance with the New
York Public Health Law, hereby orders Robert Bingham to abate the nuisance and health hazard by
cleaning up the garbage and debris within 3 days of the date of service upon Mr. Bingham or posted on
the property, and
BE IT FURTHER,
RESOLVED, that if the nuisance is not abated within such time, then the Local Board of
Health hereby authorizes and directs the Director of Building and Codes Enforcement to make the
necessary arrangements to clean-up the property immediately in accordance with the emergency
provisions of the New York Public Health Law, and
BE IT FURTHER,
RESOLVED, that in accordance with the New York Public Health Law, Robert Bingham is
responsible for the clean-up expenses and the Local Board of Health authorizes and directs Town
Counsel to commence an action for a Court Order authorizing the clean-up and/or institute an action to
collect the cost of the clean-up, including legal expenses, if necessary.
st
Duly adopted this 1 day of November, 1999, by the following vote:
AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES: None
ABSENT:None