128.2011 Unsafe Structure- Tara Hart
RESOLUTION ORDERING STRUCTURE ON PROPERTY OWNED BY
TARA HART LOCATED AT 34 INDIANA AVENUE, QUEENSBURY BE
DEMOLISHED AND REMOVED
RESOLUTION NO.: 128, 2011
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) inspected a home that was damaged by fire on property owned by Tara Hart located at 34
Indiana Avenue in the Town of Queensbury (Tax Map No.: 309.13-1-11) and found that the building
was not boarded-up and was generally in disrepair, unusable and unsafe, and
WHEREAS, the Director advised Ms. Hart to take appropriate measures to board-up and
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demolish the structure as more specifically set forth in the Director’s March 1, 2011 letter, and
WHEREAS, the Director advised the Queensbury Town Board that in his opinion the
structure was dangerous and unsafe to the general public and therefore requested that the Town Board
take action if the property owner failed to demolish and clean-up the structure as the structure has been
partially demolished, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State
Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion the
property is unsafe and dangerous, and if so, order that notice be served upon the owner or other
persons interested in the property that the structure be demolished and removed, and
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WHEREAS, on March 21, 2011, the Town Board declared the structure on the property to
be dangerous and unsafe to the public, and
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WHEREAS, the Town Board held a hearing concerning this property on Monday, April 4,
2011 and notice of this hearing was served 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 the Queensbury Town Board hereby orders Tara Hart to immediately begin
demolishing and removing the structure on property located at 34 Indiana Avenue in the Town of
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Queensbury (Tax Map No.: 309.13-1-11) and complete such work by 5:00 p.m., May 4, 2011, and
BE IT FURTHER,
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RESOLVED, that if the structure is not demolished and removed by May 4, 2011, the Town
Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the
necessary arrangements to demolish the structure and remove the demolition debris, such work not to
exceed an amount up to $5,000, and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury
Town Code Chapter 60, reparation/removal expenses may be assessed 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, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
take any actions necessary to amend the 2011 Town Budget and take any other necessary actions to
provide for payment of such demolition expenses.
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Duly adopted this 4 day of April, 2011, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
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