The following definitions apply to this chapter:
ACCESSORY STRUCTURE
A structure, the use of which is customarily incidental and
subordinate to that of the principal building, structure or use on
the same lot.
BLIGHTED PROPERTY or PROPERTY REQUIRING MAINTENANCE
Any building or structure, or any part of a structure that
is a separate unit, or a parcel of land, or any accessory structure,
or fence, where the Town Manager and/or his/her designee determines
that one or more of the following conditions exists:
A.
The existing conditions pose a serious threat to the health,
safety and welfare of Town citizenry;
B.
The building or structure, or any part of a structure that is
a separate unit, or a parcel of land, or any accessory structure,
or fence (the "premises"), is not being properly maintained, as evidenced
by the existence, to a significant degree, of one or more of the following
conditions:
(1)
Missing, broken or boarded windows or doors;
(2)
Collapsing or deteriorating exterior walls, roofs, stairs, porches,
handrails, railings, basement hatchways, chimneys, flues, or floors;
(3)
Exterior walls which contain holes, breaks, or loose or rotting
materials or which are not properly surface coated to prevent deterioration;
(4)
Foundation walls which contain open cracks and breaks;
(5)
Tarps and other types of plastic coverings.
(6)
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, stairways, fire escapes, standpipes and
exhaust ducts, which contain rust or other decay;
(7)
Chimneys and similar appurtenances which are in a state of disrepair;
(8)
Insect screens which contain tears or ragged edges;
(9)
Garbage or trash improperly stored or accumulated on the premises
or abandoned vehicles on the premises (unless the premises is a junkyard
licensed by the State of Connecticut);
(10)
Overgrown grass or weeds at least 10 inches in height;
(12)
In the case of a fence, broken or rotted boards or an otherwise
dilapidated condition; or
(13)
Any other exterior condition reflecting a level of maintenance
which is not in keeping with community standards or which constitutes
a blighting factor for adjacent property owners or occupiers or which
is an element leading to the progressive deterioration of the neighborhood;
C.
The premises is attracting illegal activity as documented in
Police Department records;
D.
The premises is a fire hazard as determined by the Fire Marshal
or as documented in the Fire Department records; and/or
E.
The premises is a factor creating a substantial and unreasonable
interference with the use and enjoyment of other premises within the
surrounding area as documented by neighborhood complaints, police
reports, the cancellation of insurance on proximate properties, or
similar circumstances.
COMMUNITY STANDARD
The local norms regarding the condition, upkeep, and maintenance
of property by an owner or occupier, as determined by the judgment
of a similarly situated reasonable owner or occupier or member of
the same neighborhood.
INOPERABLE
Inherently incapable of performing the function for which
designed by virtue of parts missing or essential components broken
or severely damaged, and/or incapable of being registered or fit for
the intended use.
LEGAL OCCUPANCY
Occupancy in accordance with state building and fire ordinances,
local zoning regulations, local housing ordinances and all other pertinent
ordinances.
MOTOR VEHICLE
Includes automobiles, cars, trucks, camp trailers, boat trailers,
mobile homes, motorcycles, or any other wheeled vehicle designed or
used for highway use and required to be registered by the State Department
of Motor Vehicles.
NEIGHBORHOOD
An area of the Town comprised of all premises or parcels
of land, any part of which is within a radius of 1,000 feet of any
part of another parcel or lot within the Town.
OWNER/OCCUPIER
Any person, institution, foundation, entity or authority
which owns, leases, rents, possesses, or is responsible for property
within the Town.
PROXIMATE PROPERTY
Any premises or parcel of land within 1,000 feet of a blighted
premises.
SOLID WASTE
Any solid, liquid, semisolid or contained gaseous material,
including but not limited to demolition debris, trash, refuse, and
the like.
UNSIGHTLY EQUIPMENT
Includes used or secondhand household, construction, business
or industrial equipment.
UNSIGHTLY MATERIALS
Includes parts of motor vehicles (parts of other types of
vehicles) or old iron, metal, glass, paper, cordage or other waste,
discarded or secondhand material.
VACANT
A period of 60 days or longer during which a building or
structure or part thereof is not legally occupied by human beings.
VISIBLE BLIGHT
Any condition defined herein as blighted property that is
visible from any public or private proximate land from any viewing
angle on such land.
The owner 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. Whenever the person, as herein
defined, is a corporation or other legal entity, the statutorily required
officers thereof shall be jointly and severally responsible with that
corporation or other legal entity.
The Town Manager shall appoint, and the Town Council shall confirm,
the number of citation hearing officers he/she deems necessary. Each
citation hearing officer must be a Plainville resident.