The purpose of this chapter is to define, prohibit
and abate blights and nuisances and to protect, preserve, and promote
public health, safety and welfare and to preserve and protect property
values. This chapter is adopted pursuant to Connecticut General Statutes
§ 7-148(c)(7)(H)(xv) and is considered a Blight Ordinance.
This chapter shall apply to the maintenance
of all residentially zoned premises now in existence or hereafter
constructed, maintained, or modified but shall exclude agricultural
lands as defined in § 22-3(b) of the Connecticut General
Statutes; land dedicated as public or semipublic open space or preserved
in its natural state through conservation easements; or areas designated
as inland wetlands and watercourses or commercial-, industrial-, marine-zoned
areas.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
DEBRIS
Material which is incapable of immediately performing the
function for which it was designed, including, but not limited to,
abandoned, discarded, or unused objects; junk comprised of equipment
such as automobiles, boats, and recreation vehicles which are unregistered
and missing parts, not complete in appearance and in an obvious state
of disrepair; parts of automobiles, furniture, appliances, cans, boxes,
scrap metal, tires, batteries, containers, and garbage which are in
the public view.
DECAY
A wasting or wearing away; a gradual decline in strength,
soundness or quality; to become decomposed or rotten, except a contained
compost pile.
MECHANICAL EQUIPMENT
Any apparatus designed to be operated by an internal combustion
engine, or designed to be towed by any apparatus propelled by an internal
combustion engine, to also include electric and pneumatic equipment.
NATURAL FIELD STATE
Areas where grass, weeds, and brush exist in their natural,
unlandscaped state.
PERSON
Any man, woman, corporation, or other legal entity capable
of owning real property.
PREMISES
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or non-dwelling structure and includes any such building, accessory
structure or other structure thereon, or any part thereof. The term
"premises," where the context requires, shall be deemed to include
any buildings, dwellings, parcels or land or structures contained
within the scope of this article.
PUBLIC VIEW
Visible from any public right-of-way or neighboring property,
at grade level.
STRUCTURE
Any building, dwelling, fence, swimming pool, or similarly
constructed object.
It is hereby declared a public nuisance for
any person owning, leasing, occupying or having charge or possession
of any premises in the Town of Old Saybrook to maintain such premises
or any public right-of-way abutting said premises in such manner that
any of the following conditions exist thereon, which shall be defined
as "blight:"
A. Any structure which is in a state of dilapidation
or decay or is open to the elements or unable to provide shelter or
serve the purpose for which it was constructed due to damage, dilapidation,
or decay;
B. Premises, occupied by a structure intended for human
occupancy, in which grass, weeds, or similar vegetation (excluding
flowers, fruits, and vegetables and areas maintained in their original
naturally wooded, field, or shoreline state, and also excluding landscaping
in areas normally used for lawn purposes with vegetation, it is specifically
intended as a substitute or replacement for traditional lawn grass
in those areas) is allowed to reach and remain at a height of 10 inches
or greater for a period of 10 days, or longer;
C. More than one unregistered and unstreetable motor
vehicle in the public view, pursuant to § 14-150a of the
Connecticut General Statutes;
D. Property with any combination of three or more pieces
of nonoperational mechanical equipment, excluding licensed motor vehicles
stored on the premises and in the public view, except for "grandfathered
use" properties;
E. Property that has any of the following conditions:
(1) Premises containing accumulated debris; or
(2) Landscaping on any premises, including, but not limited
to, trees, shrubs, hedges, grass, and plants, which physically hinder
or interfere with the lawful use of abutting premises or block or
interfere with the use of any public sidewalk and/or private street
or right-of-way or any road sign.
The owner, lessee, or occupant of premises subject
to this chapter, including the agents thereof, shall be jointly and
severally obligated to comply with the provisions of this chapter.
However, in the enforcement of this chapter, proper consideration
should be made to the ability of the above-referred to parties to
exert possession and control of the premises in such a manner as to
remediate the conditions which are the subject of the complaint.