BRADFORD — Citing “persistent trash and open trash on the property attracting rodents and beast (e.g. bear),” the town has scheduled a public hearing next month on whether to issue a health order for a property on Waits River Road.
The Selectboard ultimately came to the decision to hold the hearing after fines and repeated inspections have failed to resolve complaints from neighbors.
The property at 649 Waits River Road has been the subject of complaints for nearly three years, but until this fall, action by the town had been limited because the property was tied up in probate. Issuing a health order would allow the town to legally require the property be cleaned up under threat of further penalty.
“When you have a situation where the public could be at risk due to the behavior of someone else… that’s how a health order comes to exist,” Marcia Henry, Bradford’s current health officer, said in an interview.
If a health order is ultimately issued, Henry said, “that entails that the party will be brought to court.”
The property was formerly owned by the late Jason Emerson, who died in 2023.
In August, the Orange County Probate Court of Vermont issued a final decree of distribution of the property to his children, “Angel Emerson, Anika Emerson, Elias Emerson, Ashley Emerson and Amy Emerson each one-fifth share as Tenants in Common.”
The home is occupied by Elias Emerson, according to Bradford Selectboard documents. The Valley News attempted to reach Emerson by phone but the call quickly disconnected and a follow up received no answer.
Amy Emerson, who is a neighbor and has made multiple complaints about the property to the Selectboard, declined to comment, as did two other neighbors in the area.
The public hearing to discuss the intent to issue a health order is scheduled for 5:45 p.m. on Jan. 8 at the Bradford Town Office.
Henry declined to discuss the details of the case in advance of the hearing. But she said another inspection of the property is scheduled for Jan. 2 to see if violations have been addressed.
The town has defined the purpose of its junk ordinance as “(regulating) the disposal of solid waste, the location and outdoor storage of junk, junk vehicles, abandoned motor vehicles, and salvage yards in the Town to protect the public health, safety, and well-being of the public and to protect their environment.”
The chronology of complaints from neighbors ranging from nuisance lights to trash attracting animals began in May 2024 with a report to Bradford’s former health officer Sophia Gawel. Since, a range of complaints have been brought to the attention of the Selectboard.
In August 2024, it was reported that the trash that triggered the initial report had “been mostly moved to another part of the property and covered by a tarp,” but large quantities of refuse continued to be left out and the smell was creating a nuisance.
Allegations of trash burning and dog breeding were noted in the same report.
In February, the Bradford Selectboard was again presented with complaints about “junk ordinance issues,” but the property was in probate at the time.
“Until the Town (had) an official property owner on file, the Selectboard (was) unable to act,” the Selectboard stated.
In June, the Selectboard unanimously passed a motion in June “for the property at 649 Waits River Road that belongs to the Emersons (Elias Emerson who is 1/5 owner of the property) to be delivered to the Environmental Court and file with the estate with a $50.00 per day fine starting from the day the property came out of probate court and ask the owners to take down all nuisance lights.”
A couple months later, the board was told that the property owner “has made an effort (to clean up) with some improvement” and Selectboard Vice Chairman Josh Allen “made a motion to give an extension.”
But if the property wasn’t cleaned up by Aug. 25, the board planned to levy a fine of $250 per day.
Then in September, Henry told the board the scheduled Aug. 25 inspection “was canceled by Elias Emerson due to a 4-wheeler accident with injuries.” Henry said she requested to reschedule the site visit for Sept. 9 but received no response.
In the report of the most recent health inspection of the property, conducted on Oct. 7, Henry described “an increase in trash and junk on the property.” She recommended to the board “to seek a health order … unless all of the violations are remediated.”
Earlier this month, the Selectboard unanimously passed a motion to hold a public hearing on the health order.
Those unable to attend the Jan. 8 meeting can email comments to administrator@bradfordvt.gov or mail them to: Bradford Selectboard, PO Box 339, Bradford, VT 05033.