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318.2010 illegal junkyard William Threw- court RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. WILLIAM THREW – ILLEGAL JUNKYARD OPERATION RESOLUTION NO.: 318, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Chapter 102 of the Town Code provides for administration and enforcement of the Town’s Junkyard Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, William Threw owns property at 375 and 369 Big Bay Road and an adjacent lot, without frontage off Egan Road, in the Town of Queensbury (Tax Map No.: 309.17-1-13, 309.17-1- 12 and 309.17-1-7) and Town officials have warned Mr. Threw on numerous occasions and through previous Town Court actions, that Mr. Threw is not allowed to bring or store discarded junk, junk vehicles and other debris to his property, and WHEREAS, the Town’s Director of Building and Codes is charged with enforcement of the Town’s Junkyard Ordinance and has personally observed that junk vehicles, discarded motor vehicle parts, scrap metal, garbage, lot clearing debris, construction debris, demolished building parts and other junk items continue to be discarded on Mr. Threw’s property, and WHEREAS, the Town’s Director of Building and Code Enforcement has therefore recommended to the Town Board that it commence a Supreme Court action against Mr. Threw to require Mr. Threw to come into conformance with the Town’s Junkyard 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, 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 William Threw concerning the property located at 375 and 369 Big Bay Road and an adjacent lot, without frontage off Egan Road, in the Town of Queensbury (Tax Map No.: 309.17-1-13, 309.17-1-12 and 309.17-1-7) as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further 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 further authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 13 day of September, 2010, by the following vote: AYES: Mr. Montesi, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: Mr. Strough ABSENT: None