2017-127 2017-127
Resolution Ordering The Abatement Of Property Maintenance Violations At 43
Middlebush 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 26,
2017.
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-2017-127
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
El Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, Adam White and Michael Volkmann, 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
6157-01-487887, having a street address of 43 Middlebush Road ("Property"); 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 16, 2017 and thereafter issued a Notice of
Violation & Order to Remedy High Grass & Weeds dated June 19, 2017 (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 26, 2017 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:
1. 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: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
6/26/2017
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK