[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 5-9-2001. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority granted to the Town of Orange under Connecticut Statutes 7-148 c(7).
This chapter prohibits any owner, agent, tenant or person in control of real property located in the Town of Orange from allowing, creating, maintaining or causing to be created or maintained a blighted premise. The ordinance also established penalties for violations of this chapter.
For the purpose of this chapter, the following words, terms and phrases shall have the following meaning ascribed to them in this chapter:
- BLIGHTED PREMISES
- Any building or structure or parcel of land where at least one of the following conditions exists:
- A. It has been determined by the Town Building Official, Director of Health, Town Engineer, Sanitarian or Zoning Enforcement Officer, or other appropriate official of the Town of Orange, acting within the scope of their authority, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community.
- B. The Fire Marshal has determined that a building or structure is a fire hazard.
- C. The property is in a state of disrepair or is becoming dilapidated. "State of disrepair" or "becoming dilapidated" shall mean in a physically deteriorating condition causing unsafe or unsanitary conditions or a nuisance to the general public and be evidenced by one or more of the following conditions:
- (1) Missing, broken or boarded up windows and doors.
- (2) Collapsing or missing walls or roof.
- (3) Seriously damaged or missing siding.
- (4) Unrepaired fire or water damage.
- (5) Rodent harborage and/or infestation.
- (6) Persistent garbage or trash on the property.
- (7) Abandoned motor vehicle on the premises unless properly permitted as a junkyard.
- (8) Overgrown brush, shrubs and weeds.
- (9) Visible portions of the property characterized by significant unattended bare dirt patches.
- (10) Parking lots left in a state of disrepair or abandonment.
- D. The overall condition of the property causes an unreasonable impact on the enjoyment of or value of neighboring properties as expressed by persistent complaints from adjoining property owners.
No owner, agent, tenant or person in control of real property located in the Town of Orange shall allow, maintain or cause to be maintained a blighted premise.
The Town of Orange, through its designated enforcement officer, shall serve written notice to an owner, agent, tenant and/or person responsible. The notice may be hand delivered or mailed by certified mail, return receipt requested, to the last known address of the owner.
Such notice shall state the violation(s) and demand their abatement within 10 calendar days. If the owner fails to correct the violations, the Town of Orange may issue an enforcement citation as specified in this chapter.
The Zoning Enforcement Officer and/or other individuals designated by the First Selectman are charged with the enforcement of this chapter. The Enforcement Officer is hereby authorized to take such enforcement actions as are specified in this chapter.
Violations of the provisions of this chapter shall be punishable by a fine of $100 for each day a violation exists and continues.
If any violation remains unabated after 10 days, any police officer, the Zoning Enforcement Officer, building officials, Fire Marshal or other person authorized by the First Selectman is hereby authorized to issue a citation to the violator in accordance with this chapter.
The final period for the uncontested payment of any citation under this chapter shall be 30 days after the mailing or delivery of the citation.
Any unpaid fine imposed shall constitute a lien upon the real estate in accordance with Connecticut General Statutes 7-148aa. Each such lien shall be continued, recorded and released as provided for in 7-148aa.
In the event any owner, agent, tenant or person in control of real property shall fail to abate or correct any violation specified in any notice, after the issuance of an enforcement citation for such failure, which citation has become final through the failure of such owner, agent, tenant or person in control of real property to appeal from the issuance of said citation, or by such appeal being sustained, the Town of Orange, acting through its designated enforcement officer, issuing such notice of violation, may cause or take such action as is necessary to correct such violation. The cost to take such action shall be a civil claim by the town against such owner, agent, tenant or person responsible for such property, and the Town Attorney may bring an action to recover all such costs and expenses incurred.
Any blighted premises for which a special permit or site plan application for improvements to the blighted premises is pending shall be exempt from the provisions of this chapter for a period of 90 days from the date of submittal of a complete application to the Town Plan and Zoning Commission.
If enforcement citation fines levied in accordance with this chapter are not paid within 30 days, despite proper notice to the person found liable, the Zoning Enforcement Officer shall file a certified copy of the unpaid fines with the Clerk of the Superior Court. Notice with the Clerk of the Superior Court shall be filed within 12 months. The Clerk shall enter judgment in favor of the Town of Orange. The judgment shall have the effect of a civil money judgment, and a levy of execution of such judgment may issue without further notice to such person.
A person against whom a judgment has been entered is entitled to judicial review in accordance with the provisions of Connecticut General Statutes 7-152c.
This chapter shall take effect 21 days after publication in accordance with Section 3.4 of the Town Charter.