The Wilton Select Board voted Nov. 5 to take legal action against the owner of 38 Weld Road in Wilton to make him comply with state and town rules. Owner Jayson Masterson of Wilton said he has been trying to clean the property. Donna M. Perry/Sun Journal

WILTON — The Select Board voted Nov. 5 to take legal action against the owner of 38 Weld Road to make him comply with the Zoning Ordinance.

“The Town Office has received complaints concerning the accumulation of junk and unregistered and, or, uninspected motor vehicles at your property,” according to a fourth notice from Gary Judkins, code enforcement officer, dated Sept. 3 to Jayson Masterson.

“I have been trying and I’ve cleaned up a lot of the mess that was there and I moved the vehicles out of the way I showed one and I’m having trouble finding the owner of the other,” Masterson wrote in a Facebook message to the Sun Journal.

He wrote that he was in jail for nine months and doesn’t know who lived there. “People went in and out and in and out and when I got out I was left with a huge mess.”

Following an inspection of the property, Judkins determined the property is in violation of state law because there are more than two unregistered or uninspected motor vehicles, as well as trash, waste and other scrap material, according to the notice.

“The property therefore qualifies as both a junkyard and automobile graveyard. State statute prohibits junkyards and automobile graveyards that have not received a permit from the municipal officers,” according to the notice.

The town has no record of Masterson receiving a permit for either an automobile graveyard of a junkyard from the Wilton Select Board, according to Judkins.

The property is also in violation of the Wilton Building and Property Maintenance Ordinance, according to the notice.

The accumulation of trash, waste and other scrap material in the property’s yard is a violation of this section of the town ordinance, Judkins wrote.

Masterson had 30 days from the receipt of the notice to remove all but two unregistered or uninspected motor vehicles and remove all junk from the property, and then arrange for the property to be reinspected to ensure compliance with town ordinances and with state law.

If the town is successful in proving the violation, the court could impose a penalty of between $100 and $2,500.  The court could also impose a separate penalty for each day the violation has continued.

Masterson had 30 days after the notice to appeal.

Vice Chairman Mike Wells questioned the cost of the attorney.

The cost on average for this type of case for an attorney and associated court costs and other expenses, is between $10,000 and $15,000, according to board members’ discussion.

Selectperson David Leavitt said he and Selectperson Keith Swett had been involved in this type of action previously.

“Yes, it is a lot of money,” Leavitt said. “The goal is not to go through this process but to get compliance. It does happen but it doesn’t happen as often” because of the code enforcement officer.

Wells said there is a way to recover expenses and it could be in a form of a lien.