Selectmen consider legal action against landowner
Edgecomb Selectmen are considering taking more legal action against a Route 27 property owner who is in violation of a consent agreement that stated he would clean up debris on his Edgecomb property.
Attorney Bill Dale of the Portland law firm Jensen, Baird, Gardner & Henry outlined the town’s options during the Dec. 29 selectmen’s meeting.
The court fined Timothy Stephenson of Southport $25,000 for violating the town’s land use ordinance in September 2013.
Stephenson was ordered to pay $5,000 within a month, and could avoid paying the additional $20,000 by cleaning the property.
The court imposed December 2013 and April 2014 deadlines for avoiding future payments.
Stephenson completed the required cleanup on the lower portion of his property, but the upper part remains in non-compliance, according to Dale. One of the town’s options is to seek a contempt violation since Stephenson failed to abide by the original ruling.
Stephenson was supposed to clean up the property by certain dates and seek a junkyard and other land use permits from the town.
But so far, selectmen say Stephenson has failed to comply the cleanup on his property’s upper portion or seek any permits.
According to Dale, he has made several attempts to reach Stephenson’s legal representative to see what his client’s intentions are.
Dale reported that he’s heard that Stephenson is “sick” but Dale couldn’t confirm it.
Dale hasn’t been able to resolve whether Stephenson is too sick or has any intention of complying with the court order.
The selectmen directed Dale to write a letter to Stephenson’s lawyer seeking an update on his intentions. The selectmen want a response within two weeks. Dale reported that taking the matter to court could have dire consequences for Stephenson.
“Violating a consent order is one thing, but being found in contempt is more serious,” Dale said. “It could mean his being incarcerated.”
In two weeks, selectmen have several options to consider in resolving the matter. The town could seek a court ruling finding Stephenson in contempt of the consent agreement. The town could also clean up the property and assess the cost on Stephenson’s tax bill.
However, that may not be a likely option.
Selectman Jack Sarmanian reported that Stephenson hadn’t paid his taxes since 2012 and the property may be foreclosed on in a few weeks.
Whatever option the town takes, Selectman Stuart Smith believes it’s important to clean up the property for the neighbor’s sake.
“Yes, the $20,000 is important, but we really need to find a way to remove the debris from the property,” he said. “The neighbors want something done. So we need to find a palatable solution soon.”
The selectmen hope Stephenson will present a “satisfactory” answer about his plans to comply with the consent order. If not, they will proceed in seeking an alternative solution to clean the property.
The selectmen will meet next at 6 p.m. on Monday, Jan. 12 in the municipal building.
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