[HISTORY: Adopted by the Town Council of the Town of Tolland
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 64.
Fire protection — See Ch. 81.
Solid waste, recycling and hazardous waste — See Ch. 94.
Historic districts — See Ch. 96.
Noise — See Ch. 103.
Numbering of buildings — See Ch. 106.
Streets and sidewalks — See Ch. 130.
Subdivision regulations — See Ch. 166.
Zoning regulations — See Ch. 170.
[Adopted 10-11-2016 by Ord. No. 89[1]]
[1]
Editor's Note: This ordinance provided an effective date of
11-3-2016.
A.
The purpose of this article is to define, prohibit and abate blight
so as to protect the public health, safety and welfare of the Town,
promote the remediation of blighted premises, and have the ability
to address situations where blighted premises have a demonstrated
impact on property values.
B.
This article is adopted in accordance with the provisions of Section
7-148(c)(7)(H)(xv) of the Connecticut General Statutes, as amended.
A.
This article shall apply to the maintenance, use and occupancy of
all premises, unless specifically excluded herein, now in existence
or hereafter constructed, maintained or modified, and shall include:
B.
The following premises or structures are exempt from this article:
(1)
Land and associated structures currently used for agriculture, excluding
any dwelling unit, accessory structures to a dwelling unit and those
grounds immediately surrounding the dwelling that are related to the
dwelling unit;
(2)
A barn built at least 75 years ago;
(3)
Town-owned parcels for which a plan for addressing the blighted condition(s)
has been developed, but funding is not available, or those properties
used for maintenance and repair activities such as by Public Works
and Parks and Recreation;
(4)
Premises with a legal permitted or nonconforming commercial or industrial
use and with no dwelling unit or units on the property;
(5)
Premises for which a special permit or site plan application is pending
before the Planning and Zoning Commission; and
(6)
Stone walls.
As used in this article, the following terms shall have the
meanings indicated:
A dwelling with no lawful inhabitants which reasonably appears
to be unprotected and permanently left by its owner. Factors which
support a finding of abandonment include, but are not limited to,
nonpayment of taxes, nonpayment of mortgage, deteriorating condition
of dwelling, interior infestation by vermin, wildlife or feral animals,
or disconnection of utilities servicing the dwelling.
An inoperable or unregistered motor vehicle where "inoperable"
means the vehicle is incapable of being legally operated on public
roads without major work or modification.
The cultivation of ground, including the harvesting of crops,
rearing and management of livestock, tillage, husbandry, farming,
horticulture, and forestry.
A detached, accessory structure that was at one time constructed,
used or maintained for agricultural purposes and not currently used
as a dwelling.
An individual or individuals appointed by the Town Manager
or his or her designee to enforce the provisions of this article and
issue citations.
A committee appointed by the Town Council. The committee
shall include five residents. One member of the Town Council, the
Blight Enforcement Officer, and Director of Human Services shall be
ex officio members of the Committee.
[Amended 2-27-2018 by Res. No. 18-09[1]]
Any building or structure or parcel of land subject to this
article, in which at least one of the following conditions exist:
Collapsing or collapsed exterior wall of a structure;
Collapsing or collapsed roof on a structure;
Remains of a structure damaged by fire or casualty which is
exposed to elements and no longer serves the purpose for which it
was constructed;
Accumulations, exposure, deposit or burial of any foul, decayed,
putrid or offensive substances;
Outside storage of debris, including but not limited to cans,
boxes, scrap metal, containers, trash, tires, appliances, and similar
debris, which is visible from a public way, and in an amount that
exceeds what is reasonably customary for a dwelling unit for more
than 60 days;
One or more abandoned vehicles on the premises for more than
60 days and visible from the public right-of-way;
An abandoned or vacant building that is unsecured from unauthorized
entry; or
Other condition which poses a serious threat to the safety,
health, and general welfare of the community as determined by the
Health District, Fire Marshal or Building Official.
Any building or structure or parcel of land in which at least
three of the following conditions are visible from a public way:
One or more missing windows or doors;
One or more boarded windows or doors;
Rotted or missing siding;
Collapsing stairs, porch or deck;
Collapsing handrail or railing;
Overhang or roof extension, including awning, patio cover or
carport cover that is significantly deteriorated to the point it is
disintegrating or can no longer perform its intended function;
A substantial area of unmanaged weeds or vegetation over 36
inches in height; or
Is attracting illegal activities as documented in police records.
The following shall not be construed as blighted premises unless
posing a serious threat to the safety, health, and general welfare
of the community as determined by the Health District, Fire Marshal
or Building Official:
Unmowed lawn or overgrown vegetation not meeting the above standards;
Dead, diseased or damaged tree;
Fence that is dilapidated or has broken or rotted boards;
Driveway in a state of disrepair; or
Cosmetic issues, including, but not limited to, peeling paint,
torn or ragged window screen, or missing or damaged gutters.
The Citation Hearing Officer appointed pursuant to Connecticut
General Statutes Section 7-152c.
Material incapable of immediately performing the function
for which it is designated, including but not limited to abandoned,
discarded or unused objects.
A parcel of land used principally for agricultural activities,
forestry, nursery, truck gardening or for raising, keeping or sale
of livestock or fowl.
Any person, firm, institution, partnership, corporation,
foundation, entity, or authority who or which holds title to real
property.
Premises within the legal limits of any street or road, owned
and maintained by the Town.
A continuous period of 180 days or longer during which a
dwelling unit is not occupied by human beings.
[1]
Editor's Note: This resolution provided an effective date
of 4-1-2018.
A.
Complaints:
B.
The Blight Enforcement Officer shall review all Blight Complaint
forms and present a report of each complaint to the Blight Review
Committee.
C.
The Blight Review Committee shall determine, by vote, whether each
premises subject to a complaint meets the definition of "blighted
premises."
D.
The Blight Review Committee shall not be required to review a subsequent
complaint for any premises the Committee voted upon within the last
60 days unless the complaint form indicates that the premises exhibits
additional forms of blight.
A.
For those premises which are determined to be blighted premises,
the Blight Enforcement Officer shall send a notice of violation by
certified mail, and such notice shall include:
(1)
The location of the blighted premises;
(2)
The provision(s) of this article that have been violated;
(3)
The time frame for correcting the situation;
(4)
A description of the process and penalties if the situation is not
corrected;
(5)
Information on how to appear before the Blight Review Committee to
request a reconsideration of the determination of blight; and
(6)
Contact information for the Town Director of Human Services for the
purpose of providing information on assistance to those who may be
in need.
B.
Time frame for compliance.
(1)
Owners shall correct the violation within 60 days of receipt of the
notice of violation.
(2)
An extension of the 60 days may be granted if the owner begins work
within the 60 days, has submitted a schedule for completion of the
work, and such schedule is satisfactory to the Blight Review Committee
or its designee.
(3)
If the violation presents an imminent health or safety hazard, as
determined by the Building Official, Fire Marshal or Health Department,
then the violation shall be corrected immediately.
C.
The civil
penalty for such violation shall be the following: $100 per day for
the first 30 days, then $10 per day thereafter until an aggregate
amount of $4,000 is reached. At such time that a civil penalty of
$4,000 is reached, penalties shall stop accruing, and the matter shall
be referred to the Town Attorney to determine, in consultation with
staff, the course of legal action. Such legal action may include,
but shall not be limited to, sale of the property through the tax
lien procedure, strict foreclosure or forclosure by sale.
[Added 10-10-2017 by Res.
No. 17-60[1]]
D.
If the owner fails to take corrective action within the time frame for compliance, including any extensions which may be granted, so that the building, structure or parcel of land is still considered a blighted premises, the Blight Enforcement Officer shall issue a written citation alleging that a violation of this section exists and that the owners have failed to take corrective action. The citation shall include the information contained in Subsection A, above, in addition to:
E.
Any owner aggrieved by the issuance of a citation and/or the imposition
of a civil penalty by the Blight Enforcement Officer may, within 10
days of the receipt of the citation, request a hearing before a Citation
Hearing Officer in the manner set forth in Section 7-152c of the Connecticut
General Statutes. Failure to request a hearing within 10 days shall
constitute admission of liability in accordance with Connecticut General
Statutes Section 7-152c(d).
F.
Each day any violation continues shall constitute a separate offense.
G.
Nothing in this article shall prevent the Blight Enforcement Officer
from making initial contact with the owner of blighted premises prior
to sending a notice of violation to discuss the issue, enforcement
process or other matters related to the complaint against the premises.
Any owner aggrieved by a determination of the Citation Hearing
Officer has the right to appeal the decision in accordance with Connecticut
General Statutes Section 7-152c(g).
A.
Individuals who are disabled, elderly or low income may request special
consideration for a longer time frame to correct the violation by
submitting a written request to the Blight Enforcement Officer within
10 days of receipt of the notice of violation. The Blight Enforcement
Officer will submit the request to the Director of Human Services.
B.
The Director of Human Services shall meet with the individual to
determine eligibility for special consideration and shall make a determination
whether special consideration shall be granted.
C.
The Director of Human Services shall submit this determination to
the Town Manager for approval. Once approved, the Director of Human
Services will recommend the amount of time for the extension. The
amount of time for the extension shall be approved by vote of the
Committee.
D.
In no case shall a special consideration be granted if the violation
presents an imminent health or safety hazard, as determined by the
Building Official, Fire Marshal or Health Department.
A.
The provisions of this article shall not be construed to prevent
the enforcement of other statutes, codes, ordinances or regulations
which prescribe standards other than those provided in this article.
B.
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire safety or health ordinance,
regulation or other code of the Town or state, the provision which
establishes the higher standard for the promotion and protection of
the health and safety shall prevail.