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.