WESTBROOK - When does an unsightly mess of junk, trash, old automobiles, or discarded items on a property become blight? And should the town be able to enforce standards requiring owners to clean up blighted lots in a timely manner or face fines?

These are two key issues that the Board of Selectmen (BOS) will discuss when a draft blight ordinance comes before it for discussion on Thursday, Sept. 25.

At the BOS meeting, the public will have an opportunity to express its views about the need for and the provisions of a possible town blight ordinance in a public comment period.

The town's land use commissions have also been asked by First Selectman Noel Bishop to provide comments to the selectmen on the proposal to enact a blight ordinance.

Draft Language

As a springboard for the BOS discussion, Bishop gave each selectman a copy of the Town of Clinton's blight ordinance to review. This ordinance, written by attorney John Bennett, was first adopted by the Town of Clinton in 2008. Bennett is the law partner of Westbrook Town Attorney Michael Wells.

The Clinton ordinance language declares a public nuisance if a property owner maintains a property or right-of-way abutting a property in a manner the ordinance describes as blight.

The ordinance then lists examples including structures in a state of dilapidation or decay or open to the elements; properties where grass, weeds, or similar vegetation are allowed to reach 10 inches in height and remain that way for 10 days or longer; properties with more than one unregistered or "unstreetable" motor vehicle in the public view; properties with any combination of three or more pieces of non-operational mechanical equipment; and properties with accumulated debris, not including compost piles or piles of grass and/or brush that are not visible from a public right-of-way.

Next the mechanism for filing complaints about blighted properties is described. In Clinton, complaints "may be submitted to the first selectman or his/her designee by members of the public, but such complaints must be in writing and signed on forms provided by the town."

If the first selectman or his/her designee deems a complaint to be valid, a notice of violation is issued. The written notice is then sent by both regular mail and certified mail to the blighted property's owner. In the notice, the steps to correct the blight are listed and the date by which the clean-up must be done. Applicable penalties and enforcement provisions the owner would face if he or she failed to comply are also listed.

If enforcement becomes necessary, the Clinton ordinance states that "the first selectman, his/her designee, or any police officer in the Town of Clinton is authorized to issue a citation or summons."

Blight's Impact

Blight is a problem about which the entire town should be concerned, according to Ann Mazur, president of the Middle Beach Association.

Mazur and other representatives from the town's Council of Beaches have been trying to convince town leaders to adopt a blight ordinance for the past two years.

At a July Board of Selectmen's meeting, Mazur explained why.

"We're having problems with certain neighbors and what they are doing" with their properties, said Mazur. "There's no respect."

Mazur said that if the BOS agreed to adopt a blight ordinance, it wouldn't just help the beach area property owners; it would help owners throughout town.

Blight is a particular problem in the beach neighborhoods because the homes are built close together, with little or no buffer area between neighbors, so trash or junk accumulated on a blighted property is visible and can affect the enjoyment of the non-blighted neighbors' properties. The accumulated trash can also attract vermin and animals that can become a public health and safety hazard to adjacent non-blighted properties.

In addition, some owners have lost property sales when potential buyers see the abutting blighted property.

Selectmen's Meeting

The Board of Selectmen will take public comment and discuss whether or not to consider adoption of a blight ordinance at its next meeting scheduled for Thursday, Sept. 25 at 7 p.m. at the Mulvey Municipal Center at 866 Boston Post Road.