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08/31/2021 01:37 PMThe Town Council has proposed changes to the blight ordinance. A public hearing over the proposed changes will be held eventually but the date to be determined.
Blight, a term often informally used to describe properties that have not been properly maintained, can be a serious problem for residents around town. Besides looking unattractive, a blighted property can also affect surrounding property values and potentially dissuade investment in the area. Under state statute, towns are permitted to address blight to promote public health, safety, and welfare.
At the council meeting on Aug. 18 the council unanimously voted to send proposed changes to the blight ordinance to a public hearing, however no date has been set for that hearing yet.
New Rules
Town Manager Karl Kilduff outlined the proposed changes to the Harbor News.
“The proposed ordinance has a few changes of substance compared to the prior version,” Kilduff said via an email. “This version amends the definitions of what is blight [and] expands the number of blight officers (previously only one was called for—this proposal branches out to a minimum of two). Instead of a singular blight hearing officer there would be a blight hearing board, and the proposal includes updated penalties for failure to address blight and includes civil court proceeding.”
Under the proposed ordinance, blight complaints must be made in writing on forms provided by the town and submitted to the town manager or enforcement officer. (The current ordinance directs complaints to the first selectman position, which no longer exists.) Should it be determined that blight has occurred, the responsible party will be notified in writing and given a list of ways that the property can be brought into compliance by an established deadline. An extension of the deadline may be granted and the violation can be contested by notifying the town manager or enforcement officer within 10 days (the current ordinance allows 15 days) of being notified of the issue.
The appeals will be heard by a blight hearing board who can consider all relevant information as to why a violation can be successfully appealed or held up. Blight hearing board decisions can also be appealed to the superior court. The blight hearing board members will be appointed by the Town Council and its members cannot be members of the police department or employees who issue citations and fines or an employee who works in a department that enforces blight issues.
Violators can be fined $100 a day until the blight issue is resolved under the existing and the proposed ordinance. The town can also initiate court proceedings against a person in violation. Under the proposal, a person willfully in violation can be fined $250 a day.
In the event that a person responsible for a blighted property still doesn’t correct a violation even after enforcement action has been taken, the town may take action to correct the issue. Should that occur, the town may then file a civil claim against the party in order to recover all costs related to that corrective action.
The impetus for a revised blight ordinance came from an observation made by council member Carol Walter, who also works in the town’s Land Use office. Walter told the Harbor News earlier in 2021 said that she noticed that blight complaints were taking up a lot of the office’s time and suggested that the council take a look at how Clinton handles blight complaints.
Earlier this summer the Town Council formed a subcommittee to study the ordinance to see if changes were needed revision. The subcommittee consisted of Kilduff along with council members Walter, Tim Guerra, and Dennis Donovan.
Walter’s observation that blight calls were coming in more often was backed up by Zoning Enforcement Officer Kathy King.
“Blight is a problem that every town has to face at some level and can take many forms ranging from building façade impairments, overgrown weeds, and improper storage. We have definitely seen an uptick in blight complaints since the pandemic began,” King said earlier in 2021.
King also said that majority of complaints are resolved voluntarily, without enforced penalties.
With the new ordinance now proposed public hearing must be scheduled where residents can speak in favor of the proposed changes, against the changes, or neutrally. The blight ordinance isn’t the only ordinances the council must schedule public hearings for.
The council will have to set a date for the blight ordinance and the other ordinances on which it has already taken action, including ordinances regarding fees for fire marshal inspection and plan review services and an amendment to the zoning ordinance, Kilduff said.
Under the changes to the charter that went into effect in 2019, the Town Council now has the power to enact ordinances as long as a public hearing is held. Once the public hearing is held, the council has up to 30 days to pass the ordinance.