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4.13 4.13 Litigation\Stipulation Discontilmlice-Monty Liu—Building Condenuiation—10-7-13 RESOLUTION AUTHORIZING STIPULATION OF DISCONTINUANCE REGARDING TOWN OF QUEENSBURY V. AMY AND MONTY LIU, SR. RESOLUTION NO.: ,2013 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 324,2013, the Town of Queensbury authorized commencement of an action against Amy and Monty Liu, Sr. (Property Owners) concerning their property located at 650 Glen Street in the Town of Queensbury, tax map parcel no.: 302.11-1-12 (Property), as an odor emanated from the structure located on the Property rendering the structure unfit for habitation and posing it as an ongoing threat to the health of neighboring property occupants, a health hazard, unfit for human habitation, and to be condemned as a public health nuisance, and WHEREAS, such Resolution further provided that if the Property Owners failed to demolish such structure or provide an equivalent suitable remedy, the Town could make arrangements to do so with the costs to be assessed to the property owners or to become a lien against the property, and WHEREAS, the Town's Director of Building and Codes has advised the Town Board that on October 2nd, 2013 he inspected the Property and found that the structure has been gutted down to the framing and flooring, all interior wall coverings, plumbing and electrical have been removed, the cat urine smell is no longer pungent and is tolerable, and the floors and lower part of the walls have been sealed, and WHEREAS, the Director asserts that the major building hazard has therefore been eliminated and should no longer be considered a hazard or nuisance to the neighbors and recommends that the Town Board discontinue its action against the Property Owners so that the Director may issue a Building Permit, and WHEREAS, the Town Board has reviewed such recommendation and agrees that such action should be discontinued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs Town Counsel to prepare and execute a Stipulation of Discontinuance in the matter of the Town of Queensbury against Amy and Monty Liu, Sr., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Counsel to take any additional steps necessary to effectuate the proposed settlement of this action 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 7h day of October, 2013, by the following vote: AYES NOES ABSENT : 2