Loading...
280.2011 Supreme Court Action Againt Leemilt's RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION AGAINST LEEMILT’S PETROLEUM, INC. RESOLUTION NO.: 280, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Leemilt’s Petroleum, Inc., owns property at 330 Aviation Road in the Town of Queensbury, Tax Map Parcel No.: 301.8-1-19, formerly the Getty Convenient Mart, and WHEREAS, the Town’s Director of Building and Codes Enforcement, David Hatin, reports th to the Town Board that he visited such property on or about June 27, 2011 and the building on the property has been tagged with graffiti on all four sides and is showing signs of disrepair and neglect such that the paint is chipping, there are broken windows, the planters are overgrown with weeds, the guard rail is completely destroyed and a section of roof has been blown off the structure leaving a hole in the roof, and WHEREAS, such conditions on the property constitute violations of the New York State Property Maintenance Code adopted by the Town, and th WHEREAS, Mr. Hatin advised the property owner by letter dated June 27, 2011, which letter served as an “Order to Remedy Violation Notice,” that the property owner must bring the property into compliance over the next 30 days, and yet the property owner has not made any changes to the property, and WHEREAS, the 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, requiring that Leemilt’s Petroleum, Inc., bring the property into compliance with the Town Code, 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 Leemilt’s Petroleum, Inc., concerning the property located at 330 Aviation Road in the Town of Queensbury (Getty Convenient Mart - Tax Map No.: 301.8-1-19) as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board 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 Town Counsel to cause a title search to be made to assure that all necessary parties are named in the litigation, and BE IT FURTHER, RESOLVED, that the Town Board 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, Code Compliance Officer and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 12 day of September, 2011, by the following vote: 2 AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT : None 3