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Simsbury enacts ordinance to withhold building permits for tax-delinquent properties
Summary
After a public hearing, the Board of Selectmen approved an ordinance allowing the town to withhold building permits on properties with unresolved tax delinquencies, with a limited exception for urgent safety repairs.
The Simsbury Board of Selectmen enacted an ordinance giving the town authority to withhold building permits for properties with tax delinquencies, a move board members said aims to protect the town’s tax base while allowing narrowly tailored relief for urgent safety needs.
Joan Coe, a resident who testified at the public hearing, urged the town to adopt a strict policy so property owners cannot use permit activity to avoid paying taxes. “A person cannot register their motor vehicles if they have not paid their taxes. The town should follow the DMV and develop policy restricting anyone from applying to the town for approval of applications… until they comply with the town regulations,” Coe said in public comment.
Board members debated language that allows a building official to issue permits related to immediate threats to health, safety or welfare. One selectman proposed removing the wording that declares an “emergency exists,” and instead have the building official certify that a requested permit relates to health, safety and welfare. Members ultimately retained the existing emergency language after staff said the language mirrors similar ordinances in other towns and provides needed discretion for immediate safety repairs.
Town Attorney Bob DeCrescenzo advised that the provision prevents denying permits necessary to avert imminent danger — for example, emergency roof repairs after storm damage — while preventing development activity by owners with outstanding tax obligations.
The board approved the ordinance on a motion effective Sept. 8, 2025; the new rules will take effect 21 days after publication in the town newspaper. The adoption included a requirement that the town’s tax department provide delinquency lists to the building department to support permit review and enforcement.
During discussion board members emphasized the ordinance is intended to encourage compliance with tax obligations while preserving town staff discretion to address urgent safety repairs. The board authorized staff to publish a summary of the ordinance and proceed with the effective-date publication steps.
The ordinance’s text is part of town code chapter 70, article 2, pertaining to withholding building permits on tax-delinquent properties; implementation details will be developed by the building department and tax office.
