392.2013mowing RESOLUTION CONCERNING ABANDONED OR NEGLECTED
PROPERTIES IN TOWN OF QUEENSBURY
RESOLUTION NO.: 392,2013
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director) has reported to the Town Board that the following properties in the Town of Queensbury
are in a state of serious neglect:
1. 260 Aviation Road
2. 210 Sunnyside Road
3. 368 Dixon Road
4. 75 Dixon Road
5. 13 Carlton Drive
6. 12 Jerome Avenue
7. 121 West Mountain Road
8. 43 Warren Lane
9. 25 Glenwood Avenue; and
WHEREAS, the Director reports that each of these properties has excessive weeds
exceeding 10 inches in height in the front, side and/or rear yards, and
WHEREAS, the Queensbury Town Board has concluded that the condition of the properties
creates a public health hazard due to concerns regarding fire and the harboring of ticks and other
vermin in the tall grass, and
WHEREAS, the Director reports that he has attempted to contact each of the owners of
record by certified letter and/or posting of the properties, and
WHEREAS, the Director reports that 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,
NOW, THEREFORE, BE IT,
RESOLVED, that the Town Board directs that:
A final notice shall be sent to the Property Owner of Record as set forth above requiring that
they mow the lawn on their land within 10 days and failing to do so, the Town will cause such action to
be taken and the cost thereof as reasonably calculated by the Town Budget Officer based on date and
input provided by the Director of Parks and Recreation 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 further authorizes and directs the Director of Parks and
Recreation to assign employees to perform the initial task of mowing and/or trimming weeds on the
subject properties, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that records be maintained of
the employees used and the time expended to perform the work on each of the properties where the
cost of such employees shall include all ancillary fringe benefits, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement, Director of Parks and Recreation and/or Town Budget
Officer to take all actions necessary to effectuate the terms of this Resolution.
Duly adopted this 30'h day of September, 2013, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES None
ABSENT: None