2013-1342013-134
Resolution Authorizing Commencement of Litigation Against Owners of 1 Pattie Place for
Continuing Violations of NYS Property Maintenance Code
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 May 13,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
_ Barbara Gutzler
- William H. Beale (arrived at 7:59 PM)
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS, the property located at 1 Pattie Place in the Town of Wappinger, County of
Dutchess, State of New York, and further identified by tax map parcel 6158-04-934063
(hereinafter "the Property") is presently used as a residential property containing one single
family resident; and
WHEREAS, the owners of the Property, Gerald M. Reiser and Nola Dee Reiser, have
accumulated, caused, or permitted to exist, debris, rubbish, junk; unregistered vehicles on the
Property and otherwise failed to maintain the Property in a safe and sanitary manner; and
WHEREAS, the owners of the property, Gerald M. Reiser and Nola Dee Reiser, have
failed to maintain the Property in accordance with the NYS Property Maintenance Code and/or
the Town of Wappinger Codes, Rules and Regulations; and
WHEREAS, over a period of several years, the Town has issued numerous orders to
remedy violations to the owners of the Property, Gerald M. Reiser and Nola Dee Reiser, and
commenced actions in the Town of Wappinger Justice Court to prosecute violations of the Town
Code and Zoning Code, however the violations continue to exist, if not worsen; and
WHEREAS, beginning on or about August 11, 2009, Gerald M. Reiser, owner, was
convicted of the following offenses: violation of NYS Property Maintenance Code Section 3021,
and failure to maintain the exterior of the property; on August 10, 2010, violation of Town
Ordinance 302.4 for failure to maintain grass on the property; and on October 10, 2011, violation
of Town Ordinance 302.4 for having high grass and weeds on the property and 307.1 for having
rubbish on the property; and
WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue a
mandatory injunction ordering the owners to cure said violations, making it necessary to
commence suit in the Supreme Court of the State of New York, County of Dutchess seeking,
among other things, equitable relief to enjoin the continuing violations.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts,
Esq., to commence and prosecute to its conclusion an action against the owners of
the Property, Gerald M. Reiser and Nola Dee Reiser, in Supreme Court Dutchess
County, seeking any and all available remedies the Attorney deems appropriate to
address.
3. The Town Board also hereby authorizes the Attorney to the Town, Albert P.
Roberts, Esq., to coordinate and work with the Dutchess County Department of
Health and the Dutchess County Attorney's office in any actions that the
Department may take with respect to this Property.
4. Supervisor Barbara A. Gutzler is hereby authorized to execute on behalf of the
Town any documents necessary for the commencement of said lawsuit.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
5/13/2013
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK