Addressing blight concerns

At times, I still shake my head and wonder what’s been going on here for the past several decades. What have you guys been doing?As an example, I recently received a series of complaints related to nuisance issues around town. Some of the issues include blight, which encompasses overgrown yards, outdoor trash, junk cars and other “ugliness” aspects of property ownership. Other issues are related to noise, such as loud music and commercial operations. So, what can I, or other town officials, do to address these issues?With regard to noise, nothing at this point: the town does not have a noise ordinance. The selectmen have begun the process to enact a noise ordinance, but to get a new ordinance in place takes several weeks. Has unreasonable noise never been an issue before? Until a noise ordinance becomes effective, you will have to rely on common sense and simple courtesy.Unlike a noise ordinance, at least the town does have an anti-blight ordinance. So what can I, or other town officials, do to address those concerns? Well, the anti-blight ordinance describes several circumstances that are defined as “blighted premises:” not being maintained — missing windows or doors, collapsed walls, floors or roofs, damaged or missing siding, garbage or trash on the premises and overgrown grass or weeds. Sadly, it’s not hard to look around town to see at least a couple of properties that, with little difficulty, can be described as “blighted premises.” Let’s review how the process works on a sample property (174 Main St., since no one lives at that property, and it’s owned by an out-of-town person).The grass is obviously overgrown, so it easily meets the definition of a blighted premise. In accordance with the anti-blight ordinance (Sec. 180 of the Town Ordinances, Part D), “No owner of any building or structure in the town of Winchester shall cause blighted premises to be created or maintained.” The property at 174 Main St. is therefore in violation of Section 180. The next step is enforcement.Enforcement involves a series of steps, including the filing of a complaint, inspection of the premises, an order to comply within 30 days and an appeal process (to the Board of Selectmen). While all this process is playing out, the grass continues to grow.With either no appeal filed or with an appeal rejected by the Board of Selectmen, penalties, as specified in Section 180, can now be levied. Part F states that “Violations of the provisions of this article shall be punished by a penalty of not more than $99 for each dwelling unit or for the equivalent amount of other space.” Each day of violation is considered a separate offense. This penalty exists as a lien against the premises and is recorded on the land records. Basically, approximately $700 per week can be added as a lien on the property.And while those liens accrue, the grass continues to grow. In other words, the current ordinance penalizes blight, but it does not correct blight. At some point, when thousands of dollars of liens have been placed on the premises, the property owner (especially a distant out-of-town property owner with little, if any stake, in the community), simply walks away. Then some other distant, faceless owner (individual or corporate) takes over. And the grass still grows.In cities where I have formerly worked, the blight or nuisance ordinances sought to correct the violation. If the grass was too long, I sent a violation notice to the property owner, giving him two weeks to address the violation. If the grass wasn’t cut, I’d send a contractor to cut the grass. The contractor’s fee, as well as an additional administrative charge, was then placed upon the property’s taxes. But the grass was cut and the blight was abated.Why can’t we do that in Winsted? I have found a few other communities in Connecticut that, after completing a similar process, allow for corrective action by the town, with all costs, fees and expenses incurred considered as a civil claim to be pursued by the town. Maybe we should consider amending our ordinance to include corrective action.But then again (in unison, please), we’ve always done it this way.Dale Martin is the town manager of Winchester.