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Town attorney outlines options for nuisance and enforcement cases
Summary
Town Attorney Richard Miller told the board the Town may need court orders to abate nuisance conditions at 39 Fenton Avenue and that unsafe-structure or Supreme Court remedies might be required; an outstanding bill at 400 Crocker Hill is adjourned for further action.
Town Attorney Richard H. Miller III briefed the board on several code-enforcement and legal matters. Miller said the Town cannot enter private property to abate garbage or place rat traps without the owner’s consent, exigent circumstances or a judicial order; he recommended prosecuting an Unsafe Structure Proceeding or seeking a Supreme Court order to authorize abatement where necessary.
Miller said a 2025 outstanding bill at 400 Crocker Hill remains adjourned and will be revisited in May. He also advised the board that a judge questioned whether a bench warrant can be issued when penalties are limited to fines (112 Pigeon Hill Road), and he will research the issue. Code Enforcement Officer John Broughton confirmed the property at 39 Fenton Avenue is placarded and currently occupied, which creates enforcement complications; the board directed Attorney Miller to proceed as it deems appropriate.
