198.2011 CourtAct.D Daniels
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION AGAINST DONALD DANIELS
RESOLUTION NO.: 198, 2011
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, Donald Daniels owns property at 19 Newcomb Street in the Town of
Queensbury, tax map parcel no.: 309.10-2-68, and
WHEREAS, the property appears to be occupied by an unknown tenant and the Fire Marshal
reports that inspections have not been performed which would allow a certificate of occupancy to be
issued for the current tenant and it appears that the current tenant is performing auto repairs at this
address without a certificate of occupancy, and
WHEREAS, Town records indicate that in 2004 the property was used as an auto glass store,
and other tenants occupied the property after that date, but there is no current certificate of occupancy,
and
WHEREAS, the Town’s Director of Building and Codes Enforcement, David Hatin, reports to
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the Town Board that he visited the property at 19 Newcomb Street on or about September 17, 2010
and observed two or more unregistered, old or secondhand vehicles, accumulated trash and automobile
parts stored and deposited on the land, and
WHEREAS, the property constitutes a junkyard pursuant to Queensbury Town Code §102-2,
and
WHEREAS, Mr. Hatin searched Town records and no license to operate, establish or maintain
a junkyard has been issued for this address, further the land is of insufficient size to permit a junkyard,
and
WHEREAS, Mr. Hatin reports that he has made repeated attempts to obtain voluntary
compliance with the Town Code but the property owner has resisted, and
WHEREAS, the property owner is represented by counsel and due to a conflict of interest, the
Queensbury Town Court is unable to hear the charges and this results in delay because matters must be
filed in Queensbury, transferred to the City of Glens Falls, and the City Court will not allow additional
charges to be filed without repeating the procedure, and
WHEREAS, it is evident that the property owner will delay the proceedings to avoid
determination of the merits and will not address the underlying problem, namely, the accumulation of
junk and debris and the operation of an unlicensed junkyard, and
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WHEREAS, Mr. Hatin most recently visited the property on May 25, 2011 and reported
ongoing violations as follows:
1.numerous unlicensed, unregistered vehicles;
2.car parts, including but not limited to numerous tires and other debris strewn about the
property;
3.activities suggesting that an auto business was taking place without a certificate of
occupancy; and
4.a large, uncovered container of junk and garbage;
and
WHEREAS, the Town is extremely concerned that the accumulation of junk constitutes a peril
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to human health, and
WHEREAS, Queensbury Town Court lacks injunctive power to require compliance with the
Town Code, 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 Town
Counsel to pursue action in the Warren County Supreme Court seeking:
1.preliminary and permanent relief discontinuing the operation of an illegal junkyard
at 19 Newcomb Street in the Town of Queensbury;
2.requiring that the property be brought into compliance with the Town Code and if
the owner fails to do so, allowing the Town to do so and to have the costs charged
to the property owner and made a lien against the property;
3.an award of attorneys fees and costs required by this action; 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
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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.
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Duly adopted this 6 day of June, 2011, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT : None
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