2023-592023-59
Resolution Ordering The Abatement Of Property Maintenance Violations At 1397 Route 376
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 April 24, 2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being
called, the following was recorded:
✓ Vote Record - Resolution RES -2023-59
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
2 Adopted as Amended
Richard Thurston
Voter
2
❑
❑
❑
❑ Defeated
William H. Beale
Voter
❑
Q
❑
❑
❑ Tabled
Angela Bettina
Seconder
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Voter
Q
❑
❑
❑
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilwoman Bettina.
WHEREAS, the JULIET S. MCGREGOR LIVING TRUST is 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 6259-
04-947067, having a street address of 1397 Route 376 ("Property"); and
WHEREAS, the Town of Wappinger received complaints that debris, garbage, rubbish, and
junked cars had accumulated on the Property; and
WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence debris,
garbage, rubbish, and junked cars on the property in violation of §§185-3(D), §185-3(E), and § 185-
3(G). of the Town of Wappinger Code on April 4, 2023, and thereafter issued a Notice of Violation &
Order to Remedy dated April 14, 2023 a (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
garbage, rubbish and junked cars accumulated on the Property in violation of §§185-3(D), §185-3(E),
and § 185 3(G) 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 April 24, 2023, 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
Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town
Code because garbage, rubbish and junked cars accumulated on the Property in violation of §§185-3(D),
§185-3(E), and § 185 3(G) and such condition has continued after the Order to Remedy was duly
issued and it is determined that abatement of the accumulation of garbage, rubbish and junked cars on
the Property 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 authorizes and directs the Town Board, a
licensed tow truck operator, to dispatch its tow trucks and workers to the Property to remove the junked
vehicles listed in the attached order of abatement as soon as possible and to store such vehicles until such
time that they are redeemed or disposed of in accordance with the attached schedule of charges.
3. The Town Board of the Town of Wappinger hereby authorizes and directs 1 -800 -GOT -JUNK to
dispatch its vehicles and equipment to the property to remove the rubbish and debris and to dispose of the
same.
4. The contractors shall keep accurate records of the labor and material costs required to perform the
abatement work at the Property and submit them to the Town so that they can be assessed and levied
against the Property as permitted by law.
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 alien 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 at the addresses shown on said Order.
Work will begin on or after May 2 and be stayed until close of busines May 3. The newly registered
car will be kept on the driveway. The newly registered boat will be kept 25 feet from the property
border.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED AS AMENDED [4 TO 11
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Richard Thurston, Angela Bettina, Christopher Phillips, Al Casella
NAYS: William H. Beale
Dated: Wappingers Falls, New York
4/24/2023
Amended.
The Resolution is hereby duly declared Adopted as
JOSE"P. PAOLONI, TOWN CLERK