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RESOLUTION AUTHORIZING THE COMMENCEMENT OF LITIGATION REGARDING CODE VIOLATIONS AT THE APPARENTLY ABANDONED AND VACANT PROPERTY KNOWN AS 21 HARVARD STREET IN THE TOWN OF RED HOOK

↑Meetings/Resolutions/38-2022
One-time (complete)formal_resolutionone_timeThe Town Board authorizes the commencement of civil action in Supreme Court, Dutchess County, against HSBC, Hannah F. Dupont, or other parties in interest to declare the property vacant and/or ensure remediation and maintenance of 21 Harvard Street in compliance with RPAPL § 1307, Town Code, and the Uniform Fire Prevention and Building Code.
First seen
2022-06-14
Latest event
2022-06-14
adopted
Expires
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Resolution text

RESOLVED

  1. The Board hereby finds that the Property has become unsafe by reason of the elements and general deterioration which constitutes a hazard to public health, safety and welfare by reason of inadequate maintenance, dilapidation, and abandonment pursuant to Town Code Section 52-2.
  2. Commencement and prosecution of any and all civil action(s) in the Supreme Court, Dutchess County to declare the Property vacant and/or to ensure HSBC, Dupont, or any other party in interest remediates and maintains the Property consistent with RPAPL § 1307, the Town Code, and the Uniform Code, on behalf of the Town and its residents by Rodenhausen Chale & Polidoro LLP is hereby authorized and approved.
  3. The Supervisor as well as the officers and employees of the Town are authorized and directed to take all appropriate steps in furtherance of the foregoing provisions of this Resolution.
  4. This Resolution shall be effective immediately upon its adoption.
Show preamble — 5 WHEREAS clauses
  • WHEREAS, the Building Department has reported that a property known as 21 Harvard Street, Red Hook, New York, 12571 (SBL: 6273-09-193637), a quarter-acre lot which is the situs of a single-family home of approximately 1,000 square feet (the "Property"), is in a severely dilapidated state, including an unmowed lawn, large amounts of refuse on and about the property, and smashed or missing windows, and is unsafe; and
  • WHEREAS, according to the Assessor's rolls the Property is owned by Hannah F. Dupont ("Dupont") who is responsible for the upkeep of the property including, but not limited to, ensuring the property complies with applicable provisions of the Town of Red Hook Code ("Town Code") as well as the New York State Uniform Fire Prevention and Building Code ("Uniform Code"); and
  • WHEREAS, there has been, since May 2009, an ongoing foreclosure case brought against the Property by the primary mortgagee of the Property, HSBC Bank USA, National Association ("HSBC") which was filed as Index No. 2009-3655 and is currently pending as Index No. 2022-80007, in which Dupont nor any other Mortgagor or party in interest other than HSBC has ever appeared or participated; and
  • WHEREAS, RPAPL § 1307 requires a foreclosing party to undertake basic maintenance of a vacant residential property which would include, but not be limited to at the Property at issue here, the remediation of the unshorn lawn, large amounts of refuse on and about the property, and smashed or missing windows; and
  • WHEREAS, based on the recommendation of the building department that the Property is unsafe and in violation of the Town Code and the Uniform Code, the Town of Red Hook desires to see that the dangerous derelict Property be remediated and brought into compliance with the Town Code and Uniform Code and further that it be maintained in compliance with the same going forward

Lifecycle (1 event)

2022-06-14adoptedvote: unanimous
Authorize the commencement of litigation regarding code violations at 21 Harvard Street in Red Hook.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. The Board hereby finds that the Property has become unsafe by reason of the elements and general deterioration which constitutes a hazard to public health, safety and welfare by reason of inadequate maintenance, dilapidation, and abandonment pursuant to Town Code Section 52-2.
  2. Commencement and prosecution of any and all civil action(s) in the Supreme Court, Dutchess County to declare the Property vacant and/or to ensure HSBC, Dupont, or any other party in interest remediates and maintains the Property consistent with RPAPL § 1307, the Town Code, and the Uniform Code, on behalf of the Town and its residents by Rodenhausen Chale & Polidoro LLP is hereby authorized and approved.
  3. The Supervisor as well as the officers and employees of the Town are authorized and directed to take all appropriate steps in furtherance of the foregoing provisions of this Resolution.
  4. This Resolution shall be effective immediately upon its adoption.
Whereas
  • WHEREAS, the Building Department has reported that a property known as 21 Harvard Street, Red Hook, New York, 12571 (SBL: 6273-09-193637), a quarter-acre lot which is the situs of a single-family home of approximately 1,000 square feet (the "Property"), is in a severely dilapidated state, including an unmowed lawn, large amounts of refuse on and about the property, and smashed or missing windows, and is unsafe; and
  • WHEREAS, according to the Assessor's rolls the Property is owned by Hannah F. Dupont ("Dupont") who is responsible for the upkeep of the property including, but not limited to, ensuring the property complies with applicable provisions of the Town of Red Hook Code ("Town Code") as well as the New York State Uniform Fire Prevention and Building Code ("Uniform Code"); and
  • WHEREAS, there has been, since May 2009, an ongoing foreclosure case brought against the Property by the primary mortgagee of the Property, HSBC Bank USA, National Association ("HSBC") which was filed as Index No. 2009-3655 and is currently pending as Index No. 2022-80007, in which Dupont nor any other Mortgagor or party in interest other than HSBC has ever appeared or participated; and
  • WHEREAS, RPAPL § 1307 requires a foreclosing party to undertake basic maintenance of a vacant residential property which would include, but not be limited to at the Property at issue here, the remediation of the unshorn lawn, large amounts of refuse on and about the property, and smashed or missing windows; and
  • WHEREAS, based on the recommendation of the building department that the Property is unsafe and in violation of the Town Code and the Uniform Code, the Town of Red Hook desires to see that the dangerous derelict Property be remediated and brought into compliance with the Town Code and Uniform Code and further that it be maintained in compliance with the same going forward
Subject key: code_enforcement_21_harvard_street