The Town of Danbury may soon have a new set of regulations for civil penalties. The Danbury Town Council has discussed the issue in detail for the last two meetings. The current rate is $50 per day for violations. That may become an escalating penalty, eventually reaching $500 a day.

“This isn’t about the Town of Danbury being heavy-handed,” said Danbury Town Council Member Mike Barsness. He explained that this is about neighbors being neighbors and respecting each other as they must in such a small community.

According to Danbury Town Administrator Byron Ellis, currently the penalties begin accruing as soon as the violator gets a certified letter regarding the trespass. This is a matter of town ordinance. He stated that any changes the Town makes must first go to the Danbury Planning and Zoning Board and then to a public hearing before they can be made law.

The Council discussed the best way to notify an offender of the violation. Danbury Town Attorney Mike Bruce noted that the Town has never sent a letter without the violator already knowing of the violation first.

At the regular monthly meeting on July 28, Barsness suggested a call or visit first, then 10 days to see if the error is corrected before sending the certified letter. After that, Barsness said, there should be a shorter time frame before setting the penalty in motion--perhaps 72 hours rather than 10-30 days. He also said that he thought there should be escalation.

Bruce reminded the Council that the Town would have to sue to collect accrued penalties that the violator doesn’t pay.

Council Member Andrew Mathys suggested that the Town could present new business owners with a pamphlet on zoning to make them aware of violations that would require civil penalties.

Council Member Wendi Uselton said she would like to have time to think about this issue of cars and/or junk in people’s yards, unmowed yards and other unsightly violations. Her worry was that sometimes the violators might be in a “tough financial bind.” She moved that the Council think about it until the August meeting.

Council Member Olivia Shelton seconded the motion, and the vote was unanimous.

When the Council met on Wednesday, August 25, the issue was again on the agenda.

Mayor Janet Whitt stated that she agreed with giving the violator a number of days to correct the situation. Bruce reminded the Council that there is an appeals process for violators to go through if they choose.

Ellis interjected that violators can’t appeal land use issues. His suggestion was to give a warning with 30 days to comply. After that, he said, the Town could charge $50/day for the next 15 days, followed by a $100/day fee through day 60, with a $500/day penalty after 60 days.

Uselton asked how the Town could build “some graciousness” into the regulation. There is a difference, she said, between a townsperson who can’t mow his/her yard because of a hip injury and a citizen who is selling used cars from their front yard.

“Thirty days is gracious,” Ellis replied.

Barsness agreed, “It is a while.”

Bruce chimed in that 30-45 days is “probably reasonable” and that he would draw up something on the issue.

Mayor Whitt suggested that the Town find out what King and Walnut Cove do. That way, she pointed out, all three municipalities in the county could be on the same page. She said that the Council should make recommendations to the Planning and Zoning Board that the Town have step methods for escalating penalties.

Barsness said that Bruce could draw up the plan as he had offered to do.

Uselton made known that she wanted to look at King and Walnut Cove’s civil penalty plan.

Barsness put all of these recommendations in the form of a motion. Shelton seconded the motion, and the vote was unanimous.

The Danbury Town Council’s next regularly scheduled meeting is Wednesday, September 22, at the Danbury Town Hall at 7 p.m.