2016-197 2016-197
Resolution Ordering The Abatement Of Property Maintenance Violations At 2 Fowlerhouse Road
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New
York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 27, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called,
the following was recorded:
✓Vote Record-Resolution RES-2016-197
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q El El ElElWithdrawn John J.Fenton Mover Q El El El
Michael KuzmiczVoter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Fenton and seconded by Councilman
Ciccarelli.
WHEREAS, Jeffrey and Judith DeFrance, are the last known owners of real property shown on
the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6157-04-572348, having a
street address of 2 Fowlerhouse Road ("Property"); and
WHEREAS, the Town records indicate that Select Portfolio Services of 3815 SW Temple, Salt
Lake City, UT 84165 is the mortgagee of record; and
WHEREAS, the Town of Wappinger received complaints that the Property had become
overgrown with grass and weeds and that it was unsightly; and
WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of
weeds and/or grass on the Property that exceeds ten (10) inches in height which violates
§ 185-3(C) of the Town of Wappinger Code on June 21, 2016 and thereafter issued a Notice of
Violation & Order to Remedy High Grass & Weeds dated June 21, 2016 (copy attached as Exhibit "A"),
which informed any person in control of the property that they had an opportunity to appear and be
heard at this meeting of the Town Board to offer proof that the property is in compliance with the
standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to
cure the violation; and
WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the
Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that
weeds and/or grass on the property exceeded ten (10) inches and the Property was not in compliance
with the property maintenance requirements of Chapter 185 of the Town Code; and
WHEREAS, a Public Hearing was held on June 27, 2016 and all parties in attendance were
permitted an opportunity to speak regarding the maintenance conditions of the Property; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the
height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in
compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such
condition has continued after the Order to Remedy was duly issued and it is determined that abatement
of the high grass and weeds is now required.
NOW, THEREFORE, BE IT RESOLVED:
I. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board of the Town of Wappinger hereby directs that the Supervisor of
Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible.
3. In the event that the Department of Buildings and Grounds is unable to mow the
Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to
engage the services of a landscape contractor to undertake such work as expeditiously as possible, which
is not subject to competitive bidding.
4. In either case, accurate records of the labor and material costs required to perform the
abatement work at the Property shall be kept so that they can be assessed and levied against the
Property.
5. Claims for all work performed on the property shall be audited and approved in
accordance with Article 8 of the Town Law.
6. A notice stating the total amount due and the nature of the charge shall be mailed by the
Town to the last known address of the person whose name appears on the records in the office of the
Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills
or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall
have stamped or printed thereon a reference to Section 185-6 of the Town Code. The property owner
shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge
any of the costs incurred by the Town.
7. After expiration of the time period to challenge the determination of costs and expenses,
the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the
property, and the expense so assessed shall constitute a lien and charge on the property on which it is
levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same
manner and at the same time as other Town charges.
8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as
Exhibit "B") within two (2) days hereof to the Property Owner and the mortgagee of record at the
addresses shown on said Order.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: John J. Fenton, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
6/27/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK