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City Council

Regular Meeting

Wappingers Falls, NY · August 26, 2020

Agenda

Agenda

8/26/2020 Welcome to the Village of Wappingers Falls meeting of the Mayor and Board of Trustees today Wednesday, August 26, 2020, 5:00 PM. PLEDGE OF ALLEGIANCE: ROLL CALL BY THE CLERK OF THE VILLAGE: Mayor Alexander, Trustee Marcojohn, Trustee Davis, Trustee Komornik, Trustee Huber, Trustee Lammers, Trustee Paonessa, Village Attorney Wallace. KC Engineering Project Discussion. Approval of the court audit. Treasurer McMahon 25 South Remsen • Notice of Violation 25 South Remsen, Exterior Maintenance. • Motion by Trustee Davis to adjourn the 25 South Remsen issue to 8/12/2020 • Remove 25 South Remsen notice of violation from the 8/12/2020 agenda. Please place this matter on the 8/26 agenda. Sandra Oakley 8/11/2020. RESOLUTION NO. 332020 of 2020 RESOLUTION ORDERING THE ABATEMENT OF PROPERTY MAINTENANCE VIOLATIONS AT 25 SOUTH REMSEN AVENUE The following Resolution was introduced by Trustee _________________ and seconded by Trustee _________________. WHEREAS, John Tochet is the last known owner of real property shown on the tax records and the tax map of the Village of Wappingers Falls as Tax Parcel ID # 6158-18-409148, having a street address of 25 South Remsen Avenue (“Property”); and WHEREAS, there is no record of a mortgage on the Property; and WHEREAS, the Village of Wappingers Falls has received numerous complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and 1 WHEREAS, on June 12, 2020 and August 12, 2020, respectively, an Enforcement Official of the Village of Wappingers Falls observed the existence of overgrown weeds and obnoxious growth throughout the entire Property, which violates § 114-6(F) of the Village of Wappinger Falls Code and thereafter issued Notices of Violation & Orders to Remedy dated July 10, 2020 and August 12, 2020, respectively, copies of which are affixed hereto, which informed any person in control of the Property that they had an opportunity to appear and be heard at this meeting of the Village Board to offer proof that the Property is in compliance with the standards of Chapter 114 of the Village Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Village of Wappingers Falls filed written reports with the Village Board of the Village of Wappingers Falls noting that he had inspected the Property and found that overgrown weeds and obnoxious growth existed throughout the entire Property and the Property was not in compliance with the property maintenance requirements of Chapter 114 of the Village Code; and WHEREAS, a public hearing was held on August 26, 2020, and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Village Board of Trustees of the Village of Wappingers Falls, after due deliberation, finds that the overgrowth of weeds and obnoxious growth that exists throughout the entire Property is not in compliance with the property maintenance requirements of Chapter 114 of the Village Code; that such condition has continued after the Orders to Remedy were duly issued and it is determined that abatement of the overgrown weeds and obnoxious growth is now required; now, therefore BE IT RESOLVED, that the Village Board of Trustees hereby directs that the Enforcement Official dispatch the Highway Department to the Property to remove the overgrown weeds and obnoxious growth throughout the entire Property as soon as possible; and BE IT FURTHER RESOLVED, that in the event that the Highway Department is unable to remove the overgrown weeds and obnoxious overgrowth that exists throughout the Property, the Enforcement Official 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; and 2 BE IT FURTHER RESOLVED, that accurate records of the labor and materials costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property; and BE IT FURTHER RESOLVED, a notice stating the total amount due and the nature of the charge shall be mailed by the Village Treasurer to the last known address of the person whose name appears on the records in the Office of the Village Treasurer 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 Property, addressed to either the owner of agent. Such notice shall have stamped or printed thereon a reference to § 114-6(F) of the Village Code. The property owner shall have ten (10) days, after a copy of the notice establishing the costs and expenses is received, to challenge any of the costs incurred by the Village; and BE IT FURTHER RESOLVED, that after expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Village Treasurer to be levied and assessed against the Property, and the expense shall constitute a lien and charge on the Property on which it is levied until paid or otherwise satisfied or discharged and otherwise be collected in the same manner and at the same time as other Village charges; and BE IT FURTHER RESOLVED, that the Village Clerk is directed to mail the annexed Order of Abatement, a copy of which is annexed hereto, within two (2) days hereof to the property owner at the address shown on said Order. The foregoing was put to a vote which resulted as follows: Yea Nay Mayor Matthew Alexander ______ ______ Kevin Huber – Trustee ______ ______ Bill Marcojohn – Trustee ______ ______ Ronnie Komornik – Trustee ______ ______ Mary Paonessa – Trustee ______ ______ Scott Davis – Trustee ______ ______ Bryan Lammers – Trustee ______ ______ Dated: Wappingers Falls, New York 3 August 26, 2020 RESOLUTION NO. 342020 of 2020 RESOLUTION ORDERING THE ABATEMENT OF BUILDINGS AND ACCESSORY STRUCTURES MAINTENANCE VIOLATIONS AT 25 SOUTH REMSEN AVENUE The following Resolution was introduced by Trustee _________________ and seconded by Trustee _________________. WHEREAS, John Tochet is the last known owner of real property shown on the tax records and the tax map of the Village of Wappingers Falls as Tax Parcel ID # 6158-18-409148, having a street address of 25 South Remsen Avenue (“Property”); and WHEREAS, there is no record of a mortgage on the Property; and WHEREAS, on June 12, 2020 and August 12, 2020, respectively, an Enforcement Official of the Village of Wappingers Falls inspected the Property and determined that the garage roof is in need of repair/replacement and is allowing water in the structure, which violates § 114-7(F) of the Village of Wappinger Falls Code and thereafter issued Notices of Violation & Orders to Remedy dated July 10, 2020 and August 12, 2020, respectively, copies of which are affixed hereto, which informed any person in control of the Property that they had an opportunity to appear and be heard at this meeting of the Village Board to offer proof that the Property is in compliance with the standards of Chapter 114 of the Village Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Village of Wappingers Falls filed written reports with the Village Board of the Village of Wappingers Falls noting that he had inspected the Property and found that the garage roof is in need of repair/replacement and is allowing water in 4 the structure and the Property was not in compliance with the property maintenance requirements of Chapter 114 of the Village Code; and WHEREAS, a public hearing was held on August 26, 2020, and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Village Board of Trustees of the Village of Wappingers Falls, after due deliberation, finds that the garage roof is in need of repair/replace and that the Property is not in compliance with the property maintenance requirements of Chapter 114 of the Village Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the damaged garage roof is now required; now, therefore BE IT RESOLVED, that the Village Board of Trustees hereby directs that the Enforcement Official hire a contractor to repair/replace the garage roof as soon as possible, which is not subject to competitive bidding; and BE IT FURTHER RESOLVED, that accurate records of the labor and materials costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property; and BE IT FURTHER RESOLVED, a notice stating the total amount due and the nature of the charge shall be mailed by the Village Treasurer to the last known address of the person whose name appears on the records in the Office of the Village Treasurer 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 Property, addressed to either the owner of agent. Such notice shall have stamped or printed thereon a reference to § 114-6(F) of the Village Code. The property owner shall have ten (10) days, after a copy of the notice establishing the costs and expenses is received, to challenge any of the costs incurred by the Village; and 5 BE IT FURTHER RESOLVED, that after expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Village Treasurer to be levied and assessed against the Property, and the expense shall constitute a lien and charge on the Property on which it is levied until paid or otherwise satisfied or discharged and otherwise be collected in the same manner and at the same time as other Village charges; and BE IT FURTHER RESOLVED, that the Village Clerk is directed to mail the annexed Order of Abatement, a copy of which is annexed hereto, within two (2) days hereof to the property owner at the address shown on said Order. The foregoing was put to a vote which resulted as follows: Yea Nay Mayor Matthew Alexander ______ ______ Kevin Huber – Trustee ______ ______ Bill Marcojohn – Trustee ______ ______ Ronnie Komornik – Trustee ______ ______ Mary Paonessa – Trustee ______ ______ Scott Davis – Trustee ______ ______ Bryan Lammers – Trustee ______ ______ Dated: Wappingers Falls, New York August 26, 2020 Hearing 8 Trabucco Order to Remedy 114-6F Approval to appoint Loretta Holloway to fill vacancy for the remainder of Rachel diGrazia’s term on the zoning board. Accept resignation of Robert Wallner as Deputy Building Inspector effective 9/4/2020. SAFETY 6 Adjourn 7

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