2019-147
2019-147
Resolution Ordering The Abatement Of Property Maintenance Violations At 1 Phyllis Drive, 43 Kretch
Circle, 33 Pye Lane, 83 Helen Drive, and 196 Widmer 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 July 8, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
Vote Record - Resolution RES-2019-147
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Michael Kuzmicz Seconder
The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz.
WHEREAS, the Estate of Dietmar Eberlein, is the last known owner of real property shown on the tax records
and the tax map of the Town of Wappinger as Tax Parcel ID # 6158-04-866066, having a street address of 1
Phyllis Drive (“Property”); and
WHEREAS, there is no record of a mortgage on the 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 July 1, 2019 and thereafter issued a Notice of Violation & Order
to Remedy High Grass & Weeds dated July 1, 2019 (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, 43 Kretch Circle, 33 Pye Lane, 83 Helen Drive, and 196 Widmer Road are 4 other location with
similar issues
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 Meeting was held on July 8, 2019 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 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 or contract a
local landscaper.
2. 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.
3. 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.
4. Claims for all work performed on the property shall be audited and approved in accordance with Article
8 of the Town Law.
5. 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.
6. 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.
7. 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 at the addresses shown on said Order.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED AS AMENDED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
7/8/2019
The Resolution is hereby duly declared Adopted as Amended.
____________________________________
JOSEPH P. PAOLONI, TOWN CLERK