243.2009
RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT
ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. MICHAEL
DUGGAN – NON-CONFORMING SEPTIC SYSTEM
RESOLUTION NO.: 243, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, Chapter 136 of the Town Code provides for administration and enforcement of the
Town’s On-Site Sewage Disposal Ordinance and related laws, codes, ordinances, and regulations, and
WHEREAS, Michael Duggan owns property at 861 Sherman Avenue in the Town of
Queensbury (tax map no.: 301.17-2-47), and
WHEREAS, the Town’s Director of Building and Codes is charged with enforcement of the
Town’s On-Site Sewage Disposal Ordinance, and
WHEREAS, Michael Duggan was found guilty in Queensbury Town Court of installing a septic
system with no permit and although Mr. Duggan has paid his fine, he has not submitted for a proper
septic permit, and
WHEREAS, it appears that Mr. Duggan is continuing to use the illegal septic system which could
pose a public health and safety risk, and
WHEREAS, the Town’s Director of Building and Code Enforcement has recommended to the
Town Board that it commence a Supreme Court action against Mr. Duggan to require Mr. Duggan to
come into conformance with the Town’s On-Site Sewage Disposal 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 injunctive relief,
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 injunctive
relief in the matter of the Town of Queensbury vs. Michael Duggan as referenced in the preambles
of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to arrange for payment of any and all fees relating to commencement of such action to be paid from
such accounts as may be determined appropriate by the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any
necessary documentation and take any and all action necessary to commence such proceeding and
effectuate all terms of this Resolution.
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Duly adopted this 6 day of July, 2009, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT : None