2022-141 2022-141
Resolution Ratifying Emergency Order Of Building Inspector To Remove Building At 2372
Route 9D
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 26, 2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓Vote Record-Resolution RES-2022-141
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑
Al Casella Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Phillips and seconded by
Casella.
WHEREAS, at approximately 3:00 am on September 22, 2022, a car left the highway and crashed
into the building located at 2372 Route 9D causing damage to the structure as well as a fire; and
WHEREAS, fire departments responded to the scene, but the building was on fire for over two
hours causing substantial structural damage in addition to the damage caused by the vehicle crash;
and
WHEREAS, the Town of Wappinger Building Inspector, the Town of Wappinger Fire Inspector,
the Town Supervisor and the Superintendent of Town Highways responded to the incident scene;
and
WHEREAS, §93-11 of the Town of Wappinger Code provides that the Building Inspector may
require that an unsafe building be demolished where it "reasonably appears that there is present a
clear and imminent danger to the life, safety or health of any person or property;" and
WHEREAS, the Building Inspector inspected the damaged building and determined that the walls
and structural members were buckling and structurally unsound due to the car into the building and
continuous fire, and some structural beams had collapsed rendering the building located at 2372
Route 9D unsafe; and
WHEREAS, based on her inspection, and after consulting with the Town of Wappinger Fire
Inspector, the Town Supervisor, the Superintendent of Town Highways and the fire departments,
the Building Inspector determined that there was a clear and imminent danger to the life, safety and
health of persons in the immediate vicinity and immediate demolition of the unsafe building was
required; and
WHEREAS, the owner of the building was notified of the imminent danger of the unsafe building
and the owner consented to the demolition of the unsafe structure; and
NOW,THEREFORE, BE IT RESOLVED, as follows:
1. The Town of Wappinger Town Board hereby ratifies and confirms the September 22, 2022,
Emergency Demolition Order of the Building Inspector pursuant to §93-11 requiring the
demolition of the unsafe building located at 2372 Route 9D.
2. The Town Board hereby directs that all costs for removal of the unsafe structure be
recorded upon vouchers by the contractors and submitted to the Building Inspector for
review and approval.
3. The Town Clerk shall cause a copy of this resolution and the vouchers detailing the costs of
demolition and removal to be served upon the owner of the property pursuant to §93-7 of
the Town of Wappinger Code, unless the owner of the property waives such service in
writing.
4. The Town Board hereby directs that should the costs incurred by the Town of Wappinger in
demolishing and removing the unsafe structure not be paid by the property owner or its
insurance carrier, said funds shall be paid from the Unallocated B Fund Balance.
5. Any charges not paid by the owner or its insurer may be assessed against the real property
located at 2372 Route 9D (Tax Parcel ID 6157-01-090634) and shall be levied and collected
in the same manner as provided in Article 15 of the Town Law for the levy and collection of
a special ad valorem levy as provided by §93-10 of the Town Code after notice to the owner
and an opportunity to be heard and further action of the Town Board.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
9/26/2022
The Resolution is hereby duly declared Adopted.
JOSSP P. PAOLONI, TOWN CLERK