FARMINGTON – The majority of selectmen were sympathetic to one landlord’s plea that a penalty fine be waived for failure to pay sewer connection fees, but not for two others requesting the same thing.
The difference? An ignorance of fees was argued.
Melissa and William Lovejoy and Bonnie Chapman, who are related and co-owners, asked that their properties at 117 Wilton Road, 395 High Street and 109 Lake Avenue be exempt from penalty. All admit they haven’t paid the $50 application fee and the $1,875 fee for a sewer connection after renovations to add more bedrooms to the units.
Melissa Lovejoy said she bought the Lake Street former duplex in 2005 with financial help from her mother-in-law Chapman. She had five bedrooms added but never filed a sewer application or paid the connection fees.
“It was ignorance on our part. I pay our taxes on time,” she said. She asked selectmen to waive the penalty fee which is equal to the sewer connection fee amount of $1,875.
“I’ll gladly pay the connection fee and application fee,” Lovejoy said, “but I never got information or a bill from the town about it.” She added the first she’d heard about it was a letter from the town stating she owed double the connection fee in a letter dated Sept. 30, 2008, three years after she bought the Lake Street building.
Steve Kaiser, the town’s code enforcement officer, said there had been numerous conversations about the connection fees between Chapman and the Lovejoys with sewer clerk Mavis Gensel.
“Never put anything in writing,” Kaiser said in response to a question about documentation. “These were conversations with the parties involved.”
“The onus is on the property owner that there are fees to pay,” Town Manager Richard Davis interjected.
Selectman Dennis Pike made a motion that the penalty fee be waived for lack of documentation advising payment in the case of the Lake Street expansion. Davis reminded selectmen that there was an initial letter in August of 2005 sent about the connection fee but added, “It is the responsibility of the owner to pay. They ignored the town’s attempt and are here now asking for an abatement.”
“I have an answering machine and I’ve been to town office to pay my bills and there was nothing mentioned,” Melissa Lovejoy said.
Selectman Stephan Bunker said the question is to what extent is it the responsibility of the property owner to seek out fees and applications and to what extent does the town have to notify people.
In the end, Melissa Lovejoy argued successfully against paying a penalty while her husband William, who didn’t say anything at the meeting and Chapman who didn’t attend, are required to pay the penalty. Selectmen Jon Bubier, Nancy Porter and Pike voted to waive Lovejoy’s Lake Street late fee penalty, while Bunker voted against a waiver for fear of setting a precedence for those who plead ignorance. Selectman John Frary was absent.
