Town of Mansfield, CT Rental Property

The Town Council of the Town of Mansfield finds that the identification and knowledge of the whereabouts of nonresident owners of residential rental housing units in the Town of Mansfield is in the best interests of the community and will promote the public welfare, health and safety of the people of Mansfield. Accordingly, pursuant to the authority granted to municipalities by Connecticut General Statutes §§ 47a-6a, 47a-6b, and 7-148, the Town of Mansfield seeks to better protect, preserve and promote the health, safety, welfare and quality of life of its people by requiring nonresident owners of residential rental housing units to comply with this article.

§ 152-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADDRESS

A location as described by the full street number, if any, the street name, the city or town, and the state, and not a mailing address such as a post office box.

AGENT IN CHARGE

One who manages real estate, including, but not limited to, the collection of rents and supervision of property.

NONRESIDENT OWNER

Of a residential rental housing unit means any owner of said property who does not reside on site or does not own at least a fifty-percent interest fee simple in his individual capacity. Any owner-occupant who is not the record owner of a minimum of fifty-percent fee simple interest in said residential rental property in his or her personal individual capacity shall also be considered a nonresident owner for the purposes of this article.

[Amended 8-8-2016, effective 9-2-2016]

§ 152-5 Applicability.

This article shall apply to all existing occupied or vacant residential rental housing units and their associated premises in the Town of Mansfield, except that residential housing units that are the property of the State of Connecticut shall be exempt. This exemption shall not include residential rental housing units owned by an entity leasing real property from the State of Connecticut.

§ 152-6 Registration required; fees.

By January 1, 2007, any nonresident owner of an existing occupied or vacant residential rental housing unit shall be required to file and maintain on file in the Office of the Building and Housing Inspection of the Town of Mansfield the current residential address of the nonresident owner of such property, if the owner is an individual. If a nonresident owner is a corporation, partnership, trust or other legal recognized entity, then the current residential address of the agent in charge of the building shall be filed in the Office of the Building and Housing Inspection of the Town.

If such residential address changes, notice of the new residential address shall be provided by such nonresident owner or agent in charge of the building to the Office of the Building and Housing Inspection of the Town of Mansfield not more than 21 days after the date that the address change occurred.

Each such nonresident owner or agent shall pay a fee of $25 for each initial registration and a fee of $10 for each notice of residential address change. Any owner or agent who fails to pay any such fee at the time of registration or notice may be fined $90.

[Amended 7-9-2007, effective 8-6-2007]

If any such nonresident owner or agent fails to maintain on file an address as required by this section, the address to which the Town mails property tax bills for the residential rental housing unit shall be deemed to be the nonresident owner's or agent's current address. Such address may be used for compliance with the provisions of Subsection E of this section.

Service of state or municipal orders relating to maintenance of any such residential rental housing unit or compliance with state law and local codes concerning such real property directed to the nonresident owner or agent at the address on file, or deemed to be on file in accordance with the provisions of this section, shall be sufficient proof of service of notice of such orders in any subsequent criminal or civil action against the nonresident owner or agent for failure to comply with the orders.

Any person who violates any provision of this section shall have committed an infraction.

§ 152-7 Penalties for offenses; notice of assessment; appeals.

As provided in Connecticut General Statutes §§ 47a-6a and 47a-6b, any nonresident owner or agent who shall violate any provisions of this article shall be assessed a civil penalty of not more than $250 for the first violation and not more than $1,000 for any subsequent violation.

The Office of the Building and Housing Inspection of the Town of Mansfield shall send notice of the assessment to the nonresident owner or agent of the property that is the subject of the violation.

Any person who is assessed a civil penalty pursuant to this section may appeal therefrom to the Superior Court. An appeal shall be instituted not later than 30 days after the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to § 52-259 of the Connecticut General Statues, at the Superior Court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.

§ 152-8 Construction of terms.

Whenever used, the singular number shall include the plural, the plural the singular, and the use of either gender shall include both genders.

Article II Off-Street Parking

[Adopted 7-12-2010, effective 8-2-2010]

§ 152-9 Title.

This article shall be known and may be cited as the "Ordinance Regarding Residential Rental Parking."

§ 152-10 Legislative authority.

This article is enacted pursuant to the provisions of C.G.S. § 7-148 et seq., as amended.

§ 152-11 Findings and purpose.

The Town Council of the Town of Mansfield finds that motor vehicle parking at numerous residential rental properties, particularly those with one, two or three dwelling units, has created, on a regular and frequent basis, unsafe, blighted and congested conditions and other negative neighborhood impacts within the Town. This situation has been most common on properties within the Town’s Rental Certification Zone that do not have adequately sized and delineated parking areas that safely accommodate all residents and their guests. The requirements set forth in this article will promote neighborhood compatibility and the general safety, health and welfare of the people of Mansfield by helping to ensure safe vehicular and pedestrian ingress and egress, safe emergency vehicle and personnel ingress and egress and the preservation and enhancement of neighboring property values.

§ 152-12 Definitions.

For the purposes of this article, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

LOT

A tract, plot, parcel or other unit of land having fixed boundaries designated on a plot, survey or assessor’s map, or in a deed.

RESIDENTIAL RENTAL PROPERTY

Any lot containing one, two or three rental dwelling units.

§ 152-13 Applicability.

This article shall apply to any such residential rental property situated within the Rental Certification Zone of the Town of Mansfield established in the Housing Code, § 130-35 of the General Code of the Town of Mansfield, except residential rental property owned by the State of Connecticut and residential rental property containing a dwelling unit which is the primary place of residence of the owner in which he or she remains for more than one-half of the calendar year, which are exempt. To qualify for exemption, any such owner-occupant must be the record owner of a minimum 50% fee simple interest in said residential rental property in his or her personal individual capacity only.

§ 152-14 Parking space site plan requirements.

Any residential rental property within the Town’s Rental Certification Zone shall contain designated and approved parking spaces set forth in a parking space site plan in compliance with the following standards:

All nonexempt on-site parking on any residential rental property within the Town’s Rental Certification Zone shall be in spaces designated in a parking space site plan submitted by the property owner and approved by the Town per the requirements of this section as set forth below. Any parking violation of any such plan may subject such parking violator to citation and fine pursuant to § 152-18 of this article.

Subsequent to that date which is 30 days after written notification by the Town to a residential rental property owner of the requirements of this article and its applicability to the owner’s residential rental property, no certificate of compliance required by the Housing Code of the Town of Mansfield may be issued to an owner of such residential rental property or renewed, unless the owner has submitted a parking space site plan to the designated Town official and gained official approval of the plan. Any violation of this subsection may subject any such property owner to citation and fine pursuant to § 152-18 of this article.

All site work required to implement an approved parking space site plan shall be completed within 90 days of said approval unless an extension of time is sought and secured pursuant to § 152-17 of this Article. Any violation of this subsection may subject any such property owner to citation and fine pursuant to § 152-18 of this article.

To satisfy the requirements of this article, any residential rental property owner within the Town’s Rental Certification Zone shall submit to the designated agent of the Town of Mansfield for approval a drawn-to-scale parking space site Plan of the owner’s residential rental property that depicts property lines, driveways, sidewalks/bicycle paths, dwellings and structures, all proposed on-site parking spaces, existing and proposed landscaped areas, trees over 12 inches in diameter (measured five feet above grade) within the area where parking is proposed, fencing, and other site features that may affect parking locations. In addition, the site plan shall detail the surface material of the proposed spaces. Any failure to satisfy the requirements of this Section is a plan violation which may subject such owner to a citation and fine pursuant to § 152-18 of this article. To be approved, any such parking space site plan shall meet the following criteria, except that a modification of the criteria may be sought and secured in proper circumstances, per § 152-16 of this article:

(1)

The number of proposed on-site spaces shall be adequate for all tenant vehicles and a limited number of guest vehicles. Depending on site and occupancy characteristics, a minimum of two exterior spaces and a maximum of six exterior spaces shall be provided per dwelling unit.

(2)

No parking space shall be located within five feet of a roadside sidewalk or bicycle path.

(3)

Parking spaces shall be a minimum of eight feet wide and 18 feet long.

(4)

Parking spaces shall be designed so that a backing-up movement onto an adjacent street is not required.

(5)

Except for parking areas immediately adjacent to an existing site driveway or parking areas situated over 100 feet from a street, parking shall not occur between the street and the subject dwelling.

(6)

Parking spaces shall be paved or surfaced with an acceptable dust-free surface such as compacted stone, stone dust or gravel. Lawn areas or other landscaped areas are not acceptable surfaces for parking spaces.

(7)

No existing landscape area or lawn area shall be disturbed and no tree over 12 inches in diameter shall be removed to create new parking spaces, unless no other acceptable parking spaces can be established on site.

(8)

Parking spaces shall be designed and graded to address potential drainage and/or winter icing problems, and suitable areas shall be provided for snow storage.

(9)

There shall be a permanent barrier or barriers separating the parking area from the rest of the site.

(10)

Any necessary Inland Wetland Agency or Public Works Department permits shall be obtained prior to parking space site plan approval pursuant to this article.

Upon approval, a copy of the approved site plan must be posted and maintained within the dwelling unit.

[Added 11-12-2013, effective 12-11-2013]

§ 152-15 Fees.

A parking place site plan review fee in the amount of $35 per dwelling unit must be submitted to the Town along with the proposed site plan. No review will be done and no approval will be granted prior to payment in full of this fee.

§ 152-16 Modification of parking space site plan.

In a situation where a parking area without observable or known traffic safety or neighborhood impact problems was established prior to the effective date of this article, or if lot size or configuration, structure locations, topography and other site constraints or other documented factors would make strict compliance with the criteria of § 152-14 unreasonable, the Town-designated official(s) reviewing a parking space site plan is authorized to approve modifications of the § 152-14 criteria. No modification shall be approved that would result in an unsafe situation or one that would be inconsistent with the findings and purpose contained in § 152-11. The details of any modification permitted by this section must be recorded and entered into an appropriate Town file.

§ 152-17 Extension of time; temporary waiver of compliance.

Any applicant who has a written contract for the performance of work necessary to comply with this article but whose implementation of required parking improvements is delayed may submit a written petition to an authorized Town official seeking a temporary waiver of compliance. The petition shall include information reasonably necessary for the Town official to make a decision and include a signed statement by the contractor specifying the date of beginning and expected date of completion of the work. If the Town official finds that the delay is reasonable, said official may issue a temporary waiver of compliance expiring on the date when the work should be completed. The applicant shall request a site inspection by the Town official on or before such date of completion. Upon notification that the required improvements have been completed, the designated Town official shall inspect the property and either confirm compliance or list any violations of this article that remain. Failure to complete improvements within an authorized extension of time may subject the property owner to citation and fine pursuant to § 152-18 of this article.

§ 152-18 Enforcement; violations; citations and fines.

The Town Manager shall designate in writing one or more Town officials empowered to take enforcement or other action authorized by this article.

Any person violating the provisions of this article by failing to file or gain approval of a parking space site plan, by failing to complete site work required by an approved parking space site plan within the time period required or authorized by this article, failing to post and maintain a copy of the approved site plan within the dwelling unit, or by parking in an area on residential rental property not designated for parking in a Town-approved parking space site plan shall be deemed to have committed an infraction and may be issued a citation. Said citation shall inform the person named therein of the allegations against him or her, the amount of the fine due, and the date on which payment of the fine is due. Said citation shall be hand delivered, affixed to the vehicle or property, or mailed by certified mail, return receipt requested, addressed to the person named therein at his or her last known address. Citations shall be punishable with a fine of $90 for each violation. The amount of any fine not paid within 10 days shall be doubled. Any initial violation or infrequent violation may be addressed through the issuance of a warning rather than a citation, unless a significant safety or neighborhood impact problem is observed or significant damage has been done to a lawn or other landscape area due to parking in an unauthorized area.

[Amended 11-12-2013, effective 12-11-2013]

In addition to any other remedy authorized by this article, if any such fine issued pursuant to the provisions of this article is unpaid beyond the due date, the Town may initiate proceedings under the authority of C.G.S. § 7-152c and Chapter 129 of the General Code of the Town of Mansfield, Hearing Procedure for Citations, to collect any such fine.

§ 152-19 Appeals procedure.

Any person fined pursuant to this article may appeal such fine pursuant to the provisions of the Town of Mansfield Hearing Procedure for Citations set forth in Chapter 129 of the General Code of the Town of Mansfield.

§ 152-20 Word usage.

Whenever used, the singular number shall include the plural, the plural the singular, and the use of either gender shall include both genders.