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11/29/2021 11:00 PMWith the town’s new blight ordinance set to go into effect soon, the Town Council is beginning to consider which three people who will be named to the blight hearing board. The members will be charged with hearing appeals to blight violations.
In October, the Town Council unanimously voted to adopt a new blight ordinance that will officially go into effect on Saturday, Dec. 4. As part of that ordinance, the town is required to form a three-person blight hearing board. At the council meeting on Nov. 17, council members briefly discussed the issue and said they would appoint hearing board members at its next meeting.
Per the ordinance, the blight hearing board members cannot be “a police officer, or employees or persons who issue citations or fines, or a person employed by any department which oversees or enforces anti-blight or condemnation proceedings. “
When considering an appeal, the board is allowed to consider all facts that are relevant to a case, including personal hardships that may contribute to a property being blighted, before making a ruling. The board can opt to request in person testimony from the violator and the enforcement officer. The board can also opt to waive any fines on the property due to weather or a disability being a compounding factor in the upkeep of the property. Should a person disagree with the hearing board decision, it can be appealed to superior court.
Under the new blight ordinance, complaints must be made in writing on forms provided by the town and submitted to the town manager or enforcement officer. 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 of being notified of the issue.
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.