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3.06 A 3.6 SERVICES\Cheap Pete Lawn Care—Mow Abandoned Property Monthly-44 Sunnyside East—7-26-2021 RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE FOR MOWING OF ABANDONED OR NEGLECTED PROPERTY—44 SUNNYSIDE EAST RESOLUTION NO.: ,2021 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) has reported to the Town Board that the property located at 44 Sunnyside East in the Town is in a.state of serious neglect in that the yard needs to be mowed and therefore the Director recommends that the Town Board authorize monthly mowing of this property, and WHEREAS, the Town Board has concluded that the condition of the property creates a public health hazard due to concerns regarding the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has previously contacted the owner of record by phone and posting of the property but his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default,may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Director obtained quotes from Cheap Pete's Lawn Care dated 6/29/2021 for the mowing of the property for: 1) initial mowing - $150 (August); and 2) monthly mowing - $75 (September) for a total amount not to exceed $225 and therefore the Director recommends that the Town Board engage their services, NOW, THEREFORE,BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the property owner of record as set forth above requiring that they mow the lawn on their property located at 44 Sunnyside East within 10 days and failing to do so,the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves of the Director of Building and Codes Enforcement's engagement of the services of Cheap Pete's Lawn Care for the mowing of the property located at 44 Sunnyside East as delineated in this Resolution and as set forth in Cheap Pete's Lawn Care's 6/29/2021 quotes for: 1) initial mowing - $150.(August); and 2) monthly mowing - $75 (September) for a total amount not to exceed $225 to be paid on a monthly basis upon Cheap Pete's Lawn Care submitting proper invoices to the Town outlining the dates on which the property was mowed, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $225 from Contingency Account No.: .001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting, trimming, removal or spraying of the property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 26`"day of July, 2021, by the following vote: AYES NOES ABSENT: TOWN OF QUEENSBURY 742 Bay Road •Queensbury, NY 12804 (518)761-8256 POSTED ON PROPERTY NOTICE OF VIOLATION - ORDER TO REMEDY Recipient: Jonathan Teller c 44 Sunnyside East Notice Date: 06/28/2021 Subject Property: 44 Sunnyside East Case Number: WE-0248-2021 Compliance Due Date: 07/12/2021 302 Weeds (Prop Maint Code)-§All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Corrective Action: Lawn must be mowed throughout growing season. If not mowed the Town will mow lawn and bill all expenses to the property taxes. A violation of this code may be punishable by a fine not to exceed$950.00 per day. Each day of continued violation shall constitute an additional, separate offense, after court determination. Please contact the Code Enforcement Division if you feel that you have received this notice in error or to discuss your situation with a Code Enforcement Officer. Respectfully, Dave Hatin Director of Building &Code Enforcement 518-761-8253 daveh@queensbury.net r Peter McMurry Estimate 7 foster avenue Date Estimate# Queensbury,NY 12804 6/29/2021 96 A uJ Ct.s P Name/Address 742 Bay Road` Queensbury,NY 12804 Project Description Qty. Rate Total 44 sunnyside east queensbury initial lawn mowing 150.00 150.00 i i Total $150.00 a Peter McMurry Estimate 7 foster avenue Queensbury,NY 12804 Date Estimate# . 6/29/2021 97 Name/Address Sep{eUVI 1 er 742 Bay Road Queensbury,NY 12804 Project Description Qty Rate Total 44 sunnyside east queensbury monthly mowing 75.00 75.00 Total $75.00