WILTON — A metal tank, what appears to be an oil tank on its side on the ground that is being used as a septic system at a Weld Road home, led Selectmen Tuesday to approve seeking court action to correct the violation.

Starting in 2008, the town’s Code Enforcement Officer, Paul Montague, tried working with the resident, Reid Ross, of the older dwelling at 910 Weld Road, but to no avail, Montague told the board.

The small property sits on a cliff next to a small tributary stream that runs into Wilson Stream. Pipes from the tank appear to be discharging gray water into the stream.

It is unclear as to who actually owns the property, he said. Recorded documents state Ross is making installment payments to Barbara Reichard of Florida for the property and he is responsible for paying taxes, Montague said. Both Ross and Reichard would be named in any legal action.

Montague recounted his efforts to correct the situation starting in October 2008. In March of 2009, a state plumbing inspector Brent Lawson and Montague inspected the property but action was left up to the town, he said. Last June, he wrote a consent agreement listing what steps needed to be taken including a septic design and acquiring a permit by December.

When the deadline came and went with no action, Montague came to the board seeking a means to correct it and was given the authority Tuesday to make use of the services of town counsel to correct the situation and seek eviction.

“Reid isn’t to live there in the current conditions. It’s illegal,” said Selectman Irv Faunce who motioned to move ahead and seek a court order.

Prior to the meeting, the board met in executive session with town attorney, Lee Bragg, to discuss the “board’s rights and duties under the state’s Dangerous Building statute,” said Town Manager Rhonda Irish.

Discussion during the executive session covered all dangerous buildings within the town including the empty Forster Manufacturing building on Depot Street, she said.

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