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Town discusses code enforcement, fines and use of contractors to clear noncompliant properties
Summary
Board reviewed ongoing enforcement actions, said certain properties have been assessed a $100/day fine for noncompliance since May 25, discussed dated letters and the authority to hire contractors to clean properties and recover costs.
The board spent substantial time on code-enforcement matters, reviewing correspondence, fines and next steps for properties judged to be out of compliance. Staff reported that some property owners have been accruing daily fines for failure to clean up parcels and noted the dates of letters sent as part of enforcement.
"Basically tell them they're in non-compliance. They've been accruing a $100 per day fine since May 25th," a staff member summarized during the meeting, and the board reviewed follow-up letters dated August 12 and August 27. Members discussed how to ensure owners respond and how to calculate outstanding assessments if compliance is not achieved.
The board also discussed one property owner who asked to be placed on a future agenda to contest correspondence and explore options, including installing a fence or seeking rezoning. Staff explained the rezoning pathway if a commercial towing or outdoor vehicle-storage use is intended: rezone to an industrial district, seek a plan-commission recommendation, then request a special exception from the BCA; staff cautioned that local code (section 93.21) limits exterior storage of nonoperating vehicles to no more than 10 days.
When members asked about options to clear properties when owners do not comply, staff pointed to the enforcement order and statutory authority allowing municipal contractors to enter properties and perform cleanup, with costs recoverable from property owners. "Contractors of the municipal corporation can enter that property as well and take the action to bring them into compliance," staff said.
The board asked staff to prepare a clear timeline and to confirm the legal steps for notice, contractor engagement and cost recovery so that enforcement can proceed without unnecessary delay.
