2010

Posted by Bob on January 5, 2010 under Daily Blogs | Be the First to Comment

The first controversy of the New Year in the Borough involves something many of us take for granted: trash collection. Last year the Borough’s Street Commission voted to enforce an existing policy which requires property owners of residential dwellings containing more than four (4) units to provide private refuse pick-up for their tenants. The Borough Charter authorizes the Street Commission to make such decisions.

Budgetary constraints have forced the Borough to make similar, difficult decisions in recent years. The termination of bulk trash pick-up is a service missed by many residents. While Naugatuck’s leaders would like to provide as many services as possible to citizens, a balance needs to be struck between such services and the cost to taxpayers to provide them. Many neighboring communities offer no refuse collection to their residents, who are forced to contract with private entities for trash and recycling pick-up.

Our administration respects the right of boards and commissions to make policy decisions that effect the day-to-day operation of the Borough. Members of the Street Commission are intelligent, community-oriented volunteers who make decisions in the best interest of Naugatuck and its citizens. Undoubtedly not everyone will support all decisions. While our administration frequently advocates for particular policies and/or proposals, we have no intention of micro-managing the conclusions of those in place to research, debate and enact/reject such initiatives.

The current decision in question to limit trash collection to residential properties of four (4) units or less has effected approximately forty (40) landlords who will be required to obtain a private source to collect and dispose of trash at their respective properties. While many have expressed their opposition to this policy, the overwhelming majority of such property owners have acted responsibly and complied with the policy.

Some consider the cut-off at four (4) units as arbitrary. It is understandable that some property owners may believe this. The reality is that the same could be said about many laws and/or policies that set limits and/or restrictions to government services. The closer one is to the outside limits of such policies, the more likely one is to believe the policy is arbitrary. If the Street Commission has set the limit at six (6) unit or eight (8) unit properties, those with seven (7) units or nine (9) units would likely feel harmed. The Borough has to establish the limit at some level, and, unfortunately for property owners with five (5) or more units, the limit determined was four (4). Members of the Street Commission investigated, discussed and voted for this policy in accordance with Charter authority.

: Trash Piled on Carroll Street – Photo Courtesy of Waterbury Republican-American

Regretfully, one landlord in the Maple Street/Carroll Street area has chosen to make an irresponsible statement with regard to the Borough’s policy. Rather than comply with the policy as the overwhelming majority of other property owners have, this landlord has chosen to pile his tenants’ trash along the street in protest. In addition to creating an unsightly mess and potential health hazard, this particular landlord has chosen to disrespect those most responsible for his profits: his tenants.

This individual is alleging that the Borough is discriminating against him and that he has no intention of cleaning the mess and complying with the policy. This allegation misuses a word and attempts to apply a legal meaning to it. The Borough is not illegally discriminating against any property owner on the basis of their race, ethnicity, religion, age, disability, military status, sexual orientation or any other protected class. The discrimination involves the fact that the landlord owns a more than a four (4) family residential property. There is nothing illegal about that.

Another strategy used by certain landlords to maximize profit is to include multiple two (2) or three (3) family homes on the same tax deed. This allows the property owner to pay less taxes than if the properties were split and had separate tax bills. There is absolutely nothing illegal about such a tactic, but such property owners should be willing to comply with the laws and/or policies governing such multi-family properties. If property owners wish to legally split their properties into separate tax deeds and tax bills, the Borough would be more than happy to collect the trash on their one (1), two (2), three (3) and/or four (4) family dwellings in accordance with current policy. Attempting to deprive the Borough of tax revenue while obtaining the most services to maximize profit may be advantageous for the landlord, but not good business for Naugatuck.

Naugatuck Valley Health District (”NVHD”) has authority to enforce health regulations and initiate prosecution of this individual. Our administration encourages NVHD to pursue this matter with the housing court, and we intend to seek restitution for Naugatuck for any financial harm caused and/or expense incurred as a result of this reckless behavior. NVHD possesses the best authority to resolve the matter.

While unsightly, picking-up the trash could cause NVHD to cease its action to regulate this matter. Since the process takes time, we will not risk re-starting the “clock” and allow the landlord the opportunity to start the irresponsible behavior anew. The Borough has no intention of collecting the trash until ordered to do so and having taxpayers’ rights protected in the process.

Regardless of what landlords tell their tenants, it is the property owner’s responsibility to make arrangements for the proper disposal of refuse on their property. Our administration urges all tenants subjected to these irresponsible actions to investigate their respective rights in accordance with applicable law.