Darien To Pursue Foreclosure On 2 Blighted Residential Properties

DARIEN, CT — The Board of Selectmen on Tuesday unanimously voted to foreclose two blighted and unoccupied properties in town - a residential property on Leroy Avenue, and another on Wakemore Street.

On Jan. 17, the town's Blight Review Board recommended the properties to the selectmen for foreclosure.

During that special meeting, Blight Prevention Officer Hank Ference said the town first received complaints about the Leroy Avenue property in March 2018, and a notice of determination of blight was issued on Jan. 27, 2021, with fines starting about a month later.

According to Ference, the property owner began to make some cosmetic upgrades to the property, so the Blight Review Board voted on Oct. 20, 2021, to suspend the fines.

In March 2022, a lien was placed on the property in the amount of $23,600 for the fines, Ference said.

"The reason we are concerned with this property is that the homeowners have done, as far as I can tell, nothing in the last two years that I've been here, and the property continues to deteriorate," Ference said, noting the home has been unoccupied for at least two years.

Blight Review Board member Sue Okie mentioned that the homeowner's daughter recently said she found a buyer for the home and hoped to have a contract signed.

Selectman and Blight Review Board member Michael Burke explained that initiating a foreclosure action could "take a little bit of time."

"Once a foreclosure action is filed, there is nothing to stop it from being resolved early if there actually is a sale or closing and the parties agree to some terms," Burke added. "I understand the idea of not wanting to penalize someone if they're about to be able to resolve the blight or sell a property, and this doesn't stop that from happening."

Board Chair George Reilly reiterated Burke's point, saying, "There'd be plenty of time for [the daughter] to show us a contract or otherwise give us evidence that we should stop proceeding, but that has not yet happened."

By pursuing foreclosure, the town will go to court to employ one of two methods - either strict foreclosure or closure by sale, Reilly said.

"Strict foreclosure would mean handing over the deed of the property to us to compensate us for our liens, or more likely, because there will be a lot of equity in this property, the court would order a foreclosure by sale," Reilly said. "The mission for us would be to receive the funds we have liened, and the balance of funds would be paid either to property taxes if they are outstanding, and ultimately to the property owner."

Complaints against the Wakemore Street property were first received in May 2021, and the Blight Review Board deemed it blighted in November of that year, and fines began in February 2022, Ference said, noting that the property owner died and there was never a probate filing.

The total liens filed to date against the property are $97,000, Ference said, adding that fines are still accruing.

Additionally, the property is four years behind on property taxes, and six years behind on sewer taxes, Ference said, citing the town assessor.

"We have heard from a number of the neighbors of this particular property by email and in person. One neighbor attended one of our hearings. They have been concerned, and I might go so far as to say upset about the condition of this property. They are looking forward to our moving forward with some action in this regard," Reilly said.

Ference specifically pointed to the home's garage door, which is missing several panels and is potentially open to animals.

First Selectman Jon Zagrodzky spoke briefly after the Blight Review Board recommended the properties for foreclosure.

"These are not easy decisions and I know none of you and certainly none of us take any decision to foreclose lightly. At the same time, those are the rules and I understand why we need to proceed with this for the benefit of the town and people who live here," Zagrodzky said. "We'll handle this in the most fair manner possible and in accordance with laws and regulations pertaining to foreclosures."

The selectmen discussed the properties briefly on Tuesday before voting.

You can view the Jan. 17 Blight Review Board meeting and Tuesday's special Board of Selectmen meeting on demand on Darien TV79.