Loading...
228.2022 Authorizing Commencement - Supreme Court Action - 27 Indiana Ave RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION TO ENFORCE CODE AGAINST NON-COMPLIANT PROPERTY LOCATED AT 27 INDIANA AVENUE RESOLUTION NO.: 228,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury Director of Building and Codes Enforcement(Director) inspected a single family dwelling ("Structure") located at 27 Indiana Avenue in the Town of Queensbury bearing Tax Map No.: 309.13-1-7 ("Property") and owned by Wayne Allen and found that it was uninhabitable and condemned due to the severity of a fire that occurred on December 3, 2021 and the Director advised Mr. Allen that he must take appropriate measures to either board up and secure or demolish the Structure but no action was taken, and WHEREAS, the Director advised the Town Board that the Structure was dangerous and unsafe to the general public and therefore requested that the Town Board authorize certain actions if Mr. Allen did not come forward to arrange for the boarding up/securing or demolition of the Structure, 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 a Structure 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 must be boarded up/secured or demolished, and WHEREAS, by Resolution No.: 81,2022, the Town Board declared the Structure on the Property to be in disrepair, dangerous and unsafe to the public and the Town Board held a hearing concerning the Property on March 7, 2022 with Notice of this Hearing served in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, and WHEREAS, by Resolution No.: 108,2022, the Town Board ordered Wayne Allen to immediately board up/secure or demolish and remove the Structure and all demolition debris, and WHEREAS, the Town's Acting Director of Building and Code Enforcement(Acting Director) since has advised the Town Board the owner has failed to remediate the conditions at the property and, in addition, that Mr. Allen is allowing the Property to be used as an unlawful junkyard in violation of Queensbury Town Code §102-3 due to the presence of junk, garbage, discarded furniture, carpeting and other debris on the Property, and WHEREAS, the Acting Director has advised they he has met with and communicated several times with Mr. Allen, but despite the Acting Director's reasonable efforts to bring about voluntary compliance, Mr. Allen has not adequately boarded-up/secured or demolished and removed the Structure and/or cleaned up the Property and the Property continues to constitute an unlawful junkyard, and WHEREAS, Mr. Allen has not brought the Property into compliance with Town and State Code provisions and/or taken any measures to bring about compliance, the Property remains in an unsafe and unsecured condition and therefore poses an imminent danger to the health and safety of the public, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a Supreme Court Action to temporarily and permanently compel Wayne Allen's compliance with any and all applicable Town Code and State Code provisions pertaining to the Structure and Property located at 27 Indiana Avenue, Queensbury together with a request for costs and expenses associated with litigation, and BE IT FURTHER, RESOLVED, that the Supreme Court Action may be commenced against any and all persons having any legal interest in the Structure and Property and having any legal obligation to keep the Structure and Property in a safe and lawful condition including, but not necessarily limited to Wayne Allen as well as any party believed by Town Counsel to be necessary for full resolution of this matter, 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 any necessary documentation to commence such Court action and the Town Supervisor, Town Counsel, Acting Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 13t'day of June, 2022,by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. McNulty