324.2013Court Liu RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION AGAINST AMY AND MONTY LIU, SR.
RESOLUTION NO.; 324, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, Amy and Monty Liu, Sr. (property owners) own property located at 650 Glen
Street in the Town of Queensbury(Tax Map Parcel No.: 302.11-1-12), and
WHEREAS, the property has been used as a rental property and is not the domicile of the
Lius, and
WHEREAS, a tenant of the premises used the structure on such property to house over 100
felines at one time, and
WHEREAS, at the time the felines were removed, the Town's Animal Control Officer
(ACO) observed excessive amounts of animal excrement both in litter boxes and on the floor, and
WHEREAS, in addition to the living animals that were removed, there were cat remains,
and
WHEREAS, the ACO reported to the Town Board that the stench caused by the animals
(both alive and dead) and animal waste was so strong it was impossible to enter the house without a
respirator/mask, and
WHEREAS, although the Town recently caused the removal of the felines from the
structure and the property owners have subsequently removed the excrement remains of the felines,
the Town continues to receive complaints from neighbors that a strong noxious odor emanates from
the structure, and
WHEREAS, by letter to the Town Board dated July 17th, 2013, Andrew W. Garner, M.D.,
Town Health Officer, advised that he visited the structure on June 24t1i 2013, noticed a noxious odor
emanating from the building, and upon further inspection found that there was evidence of feces and
urine in the home in the form of a foul putrefying odor, and
WHEREAS, Dr. Garner further advised that the structure emits noxious toxic fumes on a
continuous basis and will continue to do so until remedied and therefore deems the structure to be a
health hazard and unfit for human habitation and that the structure should be condemned as a public
health nuisance, and
WHEREAS, the odor makes the structure unfit for habitation and poses an ongoing threat to
the health of neighboring property occupants, and
WHEREAS, the Director of Building and Codes Enforcement opines that urine and feces
have saturated the floor boards and support beams to such a degree that rehabilitation of the
structure is impractical, and
WHEREAS, the Director of Building and Codes Enforcement spoke to the property owner
(Mr. Liu)who had no plan for elimination of the odor or rehabilitating the premises, and
WHEREAS the Queensbury Town Court lacks injunctive power to effectuate a condemnation of
property,and
WHEREAS,therefore the Town Board wishes to pursue preliminary and permanent injunctive relief
prohibiting the occupation of the dwelling and requiring its removal or equivalent suitable remedy
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:
1. seeking preliminary and permanent relief condemning the structure located at 650 Glen
Street, Queensbun� and owned by Amy and Mont` Liu, Sr., thus prohibiting the
occupation of the structure and requiring its removal or equivalent suitable remedy
2. If the property owner fails to demolish or equivalent suitable remedy such structure, then
allowing the Town to make arrangements to do so with the costs to be assessed to the
property owners or to become a lien against the property, and
3. seeking an award of attorneys fees and costs required by this action,
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 anv
necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel,
Director of Building and Codes and/or Town Budget Officer to take any and all action necessary to
effectuate all terms of this Resolution.
Duly adopted this stn day of August,2013,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer. Mr. Montesi
NOES : None
ABSENT : None