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032.BOH Demo Creeden Property . RESOLUTION ORDERING THE SECURING OR DEMOLITION OF UNSAFE STRUCTURE OWNED BY DANIEL AND TAMMY CREEDEN AND LOCATED AT 29 FAWN LANE, QUEENSBURY RESOLUTION NO. BOH 32, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has inspected a home owned by Daniel and Tammy Creeden that was damaged by fire on th November 8, 2010, located at 29 Fawn Lane in the Town of Queensbury (Tax Map No.: 301.18-1- 72) and has found that the structure is collapsing and presents a hazard to anyone who should enter the property and the structure is generally in disrepair, unusable and unsafe, and WHEREAS, the Director has provided the report of his findings in writing to the Town Board and has recommended that the structure be demolished, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion, since the structure is dangerous and unsafe to the general public, he therefore would like the Town Board to take immediate action to order the demolition of such structure and remove it from the property in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Queensbury Town Board is of the opinion that the home owned by Daniel and Tammy Creeden bearing Tax Map No.: 301.18-1-72 and located at 29 Fawn Lane, Queensbury appears to be unsafe and dangerous and there is a clear danger to the life, safety or health of the general public and therefore directs that a Notice be sent to the property owners consistent with the Queensbury Town Code §60-6 requiring that the property owners commence within 30 days of service of the Notice securing or removing the unsafe structure and that such work be completed within 60 days thereafter, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe th structure on Monday, December 6, 2010 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that since the Town Board has determined that there is an imminent chance of danger, the Town Board wishes to increase the chances of keeping people away from the property and therefore authorizes the installation of a snow fence around the structure while the Town Board follows the processes that the Town Code and State Law has in place, 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 owners or their 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 provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16), and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, should the property owners fail or refuse to comply with the Order of the Town Board, then the Town Board shall provide for the structure’s demolition and removal and all 2 expenses thereof will be levied against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the repairs or removal, including legal expenses, if necessary. nd Duly adopted this 22 day of November, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 3