HomeMy WebLinkAboutGeneral Wayne Inn Town Hall Annex
54375 Main Road
RO. Box 1179
Southold, NY 11971-0959
Telephone (631 ) 765-1802
Fax (631 ) 765-9502
BUILDING DEPARTMENT
TOWN OF SOUTItOLD
NOTICE OF UNSAFE BUILDING
Pursuant to § 100 of the Southold Town Code
DATE: April 29, 2013
TO:
Hilco Real Estate
99 Summer Street, Ste. 500
Boston, MA
Ovlasid Realty, LLC
c/o JNL Funding Corp.
4792 Hempstead Tpke.
Farmingdale, NY 11735
The most recent tax map rolls of the Town of Southold list Ovlasid Realty, LLC
c/o JNL Funding Corp. as the last record owner of the premises described as
follows:
1275 Cedar Beach Road, Southold, NY;
SCTM: District 1000, Section 89, Block 3, Lot 1.1
The premises referenced above are unsafe and dangerous and as such constitute a
hazard to safety as follows:
The building on the propeay is dilapidated, falling down and structurally
unsound. Multiple walls are no longer standing and portions of the roof have
caved in.
The property has not been adequately secured in that a portion of the fence
surrounding the structure is no longer standing and therefore, the building is no
longer secured.
The building and premises have been inadequately maintained and are deemed
unsafe due to neglect, dilapidation and abandonment.
C. You are hereby ordered to make the building and premises safe and secure, or, in
the alternative, demolish the building and remove all debris.
D. The above required remediation shall commence within ten (10) days ti'om the
date of this notice and shall be completed within thirty (30) days thereatter.
In the event you fail to comply with this notice, a hearing will be held before the
Southold Town Board on or about June 4, 2013, at Sonthold Town ltall, 53095
Main Road, Sonthold, NY 11971 at which time testimony concerning the current
state of the property will be taken and all interested parties may be heard.
Upon close of the hearing, the Southold Town Board may determine that the
building is unsafe or dangerous and/or that the property has been inadequately
maintained pursuant to Chapter 100 of the Southold Town Code, and may order
the building repaired and secured or demolished and removed. Further, the Town
Board may determine that further remediation of the property is required.
In the event that the building and/or that the property is found to be unsafe or
dangerous and you fail to remediate in a timely manner as required by Town Code
and/or by resolution of the Town Board, the Town may remove said building by
whatever means it deems appropriate and further, assess all costs and expenses
incurred against the property on which said building is located.
Michael J. Verity
Chief Building Inspector
Town of Southold
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7010 1060 0001 1574 9202
Finne~lan, Martin
From:
Sent:
To:
Subject:
Attachments:
Hulse, Lori
Friday, May 31, 2013 11:34 AM
Finnegan, Martin
FW: 1275 Cedar Beach Rd.
BOSRFAXl_1305302008211097.pdf
The Unsafe hearing for the General Wayne just got longer. He wants to address TB.
From: Tsandilas, Michael [mailto:Mtsandilas@hilcorealestate.com]
Sent: Friday, May 31, 2013 11:23 AM
To: Hulse, Lori
Cc: Meegan B Casey; Barry G Braunstein; Verity, Mike
Subje~: 1275 Cedar Beach Rd.
Atty. Hulse,
Liquidation Trust Services, LLC is the Trustee of the TFC Liquidating Trust, a Trust created pursuant to a Plan of
Reorganization in the Chapter 11 Bankruptcy filed by JNL Funding Corp. JNL is the former first mortgage holder on the
property. The Trust was created to liquidate the assets of JNL, including the mortgage on the property. Pursuant to the
Plan, the mortgage was assigned to the Trust to be liquidated around July of 2011.
At the time of the assignment of the mortgage to the Trust, there was a pending foreclosure action with regard to the
property that had been commenced by JNL in Suffolk Supreme Court in 2007. The owner of the property has effectively
abandoned the property and stopped paying taxes years ago (which the Trust is now paying).
Since the mortgage was assigned to the Trust, the Trust has worked to bring the foreclosure action to a conclusion. The
Trust first moved to be substituted as plaintiff in the foreclosure in October 2011, a necessary first step, which motion
was granted in January of 2012. The Trust then had to deal with a title issue which was caused by a tax taking by the
town and redemption by JNL in 2008, but the redemption deed was never recorded by JNL As such, the Trust worked
for months to determine the proper method to record the deed which was finally recorded around April 2012.
The Trust then applied for foreclosure judgment in November 2012, which was granted in April 2013. The Trust
requested that a new referee be appointed to conduct the foreclosure sale as the previous referee no longer acts as
referee. The Trust received a copy of the judgment May 30th with the new referee (a copy oJ~which is attached). The
Trust has spoken with the new referee and begun the process toward foreclosure, with a preliminary schedule
foreclosure date of July 16, 2013. We would anticipate a sale of the property within 30 days of the foreclosure sale.
The Trust has also taken steps to secure the property since it was assigned the mortgage, including by fencing in the
property and recently repairing the fence when it learned it had been compromised. Since the Trust is not the owner of
the property, the trust has been unable to complete any demolition work on the property. The Trust realizes that the
property is not in ideal condition. The Trust has never intended and does not intend to burden the Town with the state
of this property and has at all times taken steps to move this process along to complete the foreclosure and sell the
property to a buyer who will make the necessary repairs.
The Trust requests more time to complete this process. If the Town believes additional steps need to be taken to secure
the property in the meantime, the Trust is more than willing to be cooperative with the Town.
I will be present on Tuesday June 4, 2012 at the scheduled hearing to answer any further questions you or any member
of the town council may have.
Regards.
Mike Tsandilas