2018-2232018-223
Resolution Directing Building Department To Conduct Exterior Property Inspections For
Municipal Violation Searches
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
September 24, 2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2018-223
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
2
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Mover
2
❑
❑
❑
Michael Kuzmicz
Seconder
Q
❑
❑
❑
The following Resolution was introduced by Councilman Johnston and seconded by
Councilman Kuzmicz.
WHEREAS, when real property is sold or transferred, Title Insurance Agencies request
the Town Building Department to provide a report of any outstanding violations of the NYS
Uniform Code and the Town of Wappinger Zoning Code; and
WHEREAS, purchasers of the property and lending institutions rely on these reports to
verify that the subject property is not in violation of any applicable codes; and
WHEREAS, the current practice of the Building and Zoning Department is to review the
records that are maintained for the subject property in the Town's files and conduct a drive by
inspection of the property; and
WHEREAS, the current Municipal Violation search procedure frequently fails to
disclose violations on the property that are not visible from the public highway and are not
apparent in the Town's records; and
WHEREAS, the Town Board has determined that it is in the best interests of the
residents of the Town and future residents of the Town that the Building Department and Zoning
Department conduct exterior inspections when Municipal Violation searches are requested as
they will uncover the actual violations on the property and protect the purchasers who are not
familiar with how the improper conditions were created;
NOW, THEREFORE, BE IT RESOLVED:
1. The Town Board hereby directs that all future Municipal Code Violations
searches shall include an exterior inspection of the entire perimeter of the
buildings located on the property, as well as all other driveways, drainage
improvements and other appurtenances to determine if there are any outstanding
violations of the NYS Uniform Code, or the Town of Wappinger Zoning Code.
2. The Town Board hereby authorizes and directs the Building Department to create
a new application for Municipal Code Violation Searches which specifically
include permission from the property owner authorizing such on-site inspections.
The Attorney to the Town is authorized to work with the Building and Zoning Department to
amend any forms and/or authorizations necessary to implement this directive.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Johnston, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
9/24/2018
The Resolution is hereby duly declared Adopted.
P. PAOLONI, TOWN CLERK