Council Calls Town's Blight Definition 'Too Powerful'

Town staff recommended the Windsor town council take approve amendments to the town's blight ordinance, which would let the town improve abandoned properties and reclaim expenses through the implementation of a lien.

Council members, however, decided to postpone their action Monday night, and instead chose to send the issue to its health subcommittee to have the ordinance's language sorted out.

The biggest problem, some council members said, was not the efforts to crack down on blighted foreclosed and abandoned homes, but rather the consequences those efforts will have on homes with families still in them.

Under the proposed definition of blight, "basically any property in town that has a quarter of its paint missing on the rear of the house — that only one neighbor could see — could be in violation of the ordinance, and I think this is a little too encompassing," said Councilman Aaron Jubrey.

Jubrey continued, saying language proposed could describe "a quarter of the houses in town," and that it would give the town too much power.

Jubrey's comments echoed sentiments expressed by Deputy Mayor Al Simon, who said he was concerned with the ordinance's ability to be manipulated and misused.

The broadness of the definition of blight, Simon said, could become problematic if some neighbors my just not get along.

"According to meeting documents, the definition of blight included in the proposal is an environment or condition existing on a residential, commercial or vacant property which reflects that the property is not being adequately maintained as reflected by any or all of the following conditions..."

In addition to larger instances of blight, including compromised foundation walls, grass or weeds taller than nine inches, trees posing public danger, vegetation overgrowth hindering a public walkway and accumulated debris, the definition outlined in the recommended ordinance amendment includes:

• 25% of any one exterior elevation of a structure which is visible to the public shows signs of paint that is chipped, blistered, flaking or peeling
• any fence which is broken, deteriorated, decayed or in such condition that it cannot serve the purpose for which it was originally intended
• signs of dilapidation
• severely damaged, cracked, broken or missing siding, gutters, stucco, brick, stone or clapboards

In particular, Simon and Jubrey mentioned the broadness of the definition's 25-percent bullet. Mayor Don Trinks, however, said he doesn't think the ordinance goes too far.

"Personally, I wouldn't change any of it," he said. "If that 25 percent of the house is facing my home and I can see it, I want (my neighbor) to paint it."

"I think it's time we stepped it up... I'm all for as tough as we can get (the ordinance) and the enforcement of it," he added.

Jubrey expounded on his opposition to the definition, saying it's wrong to deliver the same punishment families currently in their homes and banks or those who have abandoned their homes.

Someone struggling to keep food on the table should not be punished in the same manner as a bank for "not being able to afford a $5,000 paint job," he said.

Both Simon and Jubrey said they agree the ordinance, which was drafted in 1995, needs to be amended to be effective in the current housing climate, but the definition should become more specific.

The council voted unanimously to send the proposed ordinance changes to its health subcommittee.

When the issue comes before the council again, members will vote to set a public hearing on the proposed changes to field resident input.

Town documents say the changes are being proposed to improve the town's ability to enforce the town's blight ordinance, particularly when homeowners have abandoned their properties or foreclosed homes with out-of-state mortgage owners (banks) are not willing to invest in the property's upkeep.

Under the current ordinance, town staff will leave a door-hanging notice citing a blight violation. Town staff are seeking the ability to routinely obtain a court order to access vacant and abandoned properties and conduct necessary maintenance.