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164.2009 RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH JOSEPH RIITANO PROPERTY RESOLUTION NO.: 164, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Queensbury Town Code Chapter 179 provides for administration and enforcement of the Town’s Zoning Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, Joseph Riitano owns property located at 16 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-1-9) and Town officials have warned Mr. Riitano on numerous occasions and through previous Court actions and hearings before the Town’s Zoning Board of Appeals, that Mr. Riitano is to bring the property into compliance with the Town’s Zoning Ordinance as the construction of the current structure at 16 Sunset Lane constitutes an expansion, and WHEREAS, the Town’s Zoning Administrator and Code Compliance Officer is charged with enforcement of the Town’s Zoning Ordinance and has advised that Mr. Riitano continues to fail in bringing his property into compliance as addressed in the Decision of the Zoning Board of Appeals and therefore has recommended that the Town Board commence a Supreme Court action against Mr. Riitano to require Mr. Riitano to come into conformance with the Town’s Zoning Ordinance and Town Code, and WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent injunctive relief requiring that Mr. Riitano cure all existing violations of the Zoning Ordinance and/or Town Code, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and permanent injunctive relief against Joseph Riitano concerning the property located at 16 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-1-9) as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Zoning Administrator/Code Compliance Officer and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 4 day of May, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT : None