Judge Timothy Sullivan found Guilford in contempt after Westminster Fire Capt. Kevin Nivala reported to the court that the rail company was not fulfilling its plan to control vegetation by the tracks in Westminster, and had not made substantial progress in collecting unused railroad ties.

"They actually created more of a fire hazard," Nivala said. "They have cut some brush and left it on the side of the tracks."

Nivala appeared in housing court Tuesday morning as part of a court-ordered progress report on a May 17 agreement between the fire department and the railroad company. The agreement said the company would comply with a state law requiring it to clear the tracks of debris, including old railroad ties, and maintain a vegetation maintenance plan.

The company said they needed 180 days to clear the five-mile stretch of track that runs through Westminster. The judge agreed to give the company until Oct. 31, 2005 complete that work.

"From what I see now, they are never going to make their deadline," Nivala said.

Nivala said very few railroad ties have been collected.

"I can't do a lot about that until the 31st," Sullivan said.

But he issued an order of contempt to the company for its failure to keep up with the vegetation maintenance plan.

No representatives for Guilford attended the court hearing at Gardner District Court House on Tuesday.

The Westminster Fire Department filed the suit in housing court because of repeated brush fires that burned acres of land around the tracks in April. Fire officials wanted the debris around the tracks to be cleared to prevent future fires from spreading.