New Policy Allows Permits

For Some Delinquent Taxpayers

By Steve Bigham

The Board of Selectmen Monday approved a new policy that allows delinquent taxpayers to obtain building permits in emergency situations.

Current state laws prohibit residents from obtaining permits if their local property taxes are overdue. However, Chief Building Inspector Tom Paternoster asked the town to clarify its position in cases of emergency. The town’s policy, he said, needed to be more definitive to address extenuating circumstances.

Mr Paternoster said a Newtown resident was recently found to be re-roofing his house without a permit and was ordered to obtain a permit before finishing the project. However, the resident was unable to get a permit because property taxes were delinquent. In the end, Mr Paternoster waived the “no taxes, no permit” policy because the roof had a leak in it. As he pointed out, the town might be liable if water seeped into the home, shorting out electrical wires and causing a fire.

“Before the procedure was a little vague as to how we should handle it. Now it’s clear,” Mr Paternoster said. “You have to be reasonable in these instances.”

Mr Paternoster and First Selectman Herb Rosenthal both have the final say on whether a project is of an emergency nature. Emergencies include a lighting strike to a structure or utility serving the building; a condition that leaves the occupants of the structure without heat during the months of October through May; no domestic hot water.

Homes owned by delinquent taxpayers that are damaged by fire may also be repaired.

Under normal circumstances, homeowners must have their applications signed off by the health department, tax assessor, tax collector, zoning and conservation departments before obtaining a permit from the Building Department.

Mr Rosenthal said the policy might be a good candidate for a town ordinance to give it more weight.