[HISTORY: Adopted by the Town Meeting of
the Town of Old Saybrook 11-24-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 144.
Rental housing standards — See Ch. 166.
Solid waste — See Ch. 181.
[1]
Editor's Note: This chapter provided an effective
date of 12-25-2008.
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:
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.
A wasting or wearing away; a gradual decline in strength,
soundness or quality; to become decomposed or rotten, except a contained
compost pile.
Decayed or rotten beyond repair.
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.
Areas where grass, weeds, and brush exist in their natural,
unlandscaped state.
Areas where trees, brush and plants exist in their natural,
unlandscaped state.
Any man, woman, corporation, or other legal entity capable
of owning real property.
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.
Visible from any public right-of-way or neighboring property,
at grade level.
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.
A.
The provisions in this chapter shall not be construed
to prevent the enforcement of other statutes, codes, ordinances or
regulations which prescribe standards other than are provided in this
chapter.
B.
In any case where a provision of this chapter 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 and property values
of the people shall prevail.
C.
Nothing herein shall be construed to require any Town
official to hold a sale or public auction of motor vehicles. Any licensed
wrecker service or garage shall comply with the Connecticut General
Statutes, 14-150, as revised, in such matters as, including, but not
limited to, owner notification, towing of motor vehicles, storage,
and payment of service.
D.
This chapter shall not be intended to affect violations
of any other ordinances, codes or regulations existing prior to the
effective date of this code, and any such violations may be governed
and continue to be punishable under the provisions of those ordinances,
codes, or regulations in effect at the time the violation was committed
and/or this chapter as may be appropriate.
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.
A.
Complaints may be submitted to the First Selectman
or his/her designee by members of the public, but such complaints
must be in writing and signed on forms provided by the Town.
B.
Whenever the First Selectman or his/her designee determines that there has been a violation of any provision of this chapter, except as to § 91-4D, such officer shall cause notice of such violation to be given to the person responsible therefor, as hereinafter provided. Shall notice shall:
(1)
Be in writing;
(2)
Be sent by both regular mail and certified mail, return
receipt requested;
(3)
Set forth the violations of this chapter;
(4)
Specify a final date for the correction of any violation;
however, an extension of time may be granted by the enforcement officer;
(5)
Be served upon the owner or the owner's agent and
the occupant, provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by this notice, or if such person is served with such notice
by any other method authorized or required under the laws of this
state;
(6)
Contain an outline of remedial action which, if taken,
will effect permanent compliance with the provisions of this chapter;
(7)
State that the penalties and enforcement provisions
of this chapter will become effective on the final date set for the
correction of any violation; and
(8)
The complainant should also receive a copy of the
notice which is sent to the alleged violator.
C.
D.
Any person notified in accordance with this section who fails to correct any violation by the date specified in said notice shall be in violation of this chapter and subject to its penalties and enforcement procedures. Any person in violation of § 91-4D 30 days after notice of alleged violation, in accordance with § 91-7C above, shall be subject to the removal and disposition of the unregistered motor vehicle.
E.
Notice pursuant to § 91-7C and enforcement pursuant to § 91-7D shall not apply to wrecker services until 60 days from the required filing date pursuant to Connecticut General Statutes § 14-150, provided the wrecker has complied with statutorily mandated notification procedures and sent copies thereof to the Chief of Police. Such wrecker services shall be licensed pursuant to Connecticut General Statute § 14-66 and shall have a principal place of business in the Town of Old Saybrook and shall be in compliance with all applicable Town ordinances, including, but not limited to, the Zoning Ordinance,[1] and all applicable zoning and wetland permits.
F.
Notwithstanding the foregoing, the First Selectman
or his/her designee may elect to first provide informal verbal notice
to the owner or owner's agent and the occupant of the property in
an attempt to resolve the matter prior to formal written notice being
sent.
A.
Any person notified in accordance with § 91-7 above may appeal said notice of violation(s) to the Board of Selectmen, in writing, within 15 days of the date of said notice. If an appeal is taken as aforesaid, the first day of violation shall be seven days after the decision of the Board of Selectmen or on such later date as established by the Board of Selectmen.
B.
The Town hereby specifically adopts the provisions
of Connecticut General Statutes § 7-152c for the establishment
of an appeal and citation hearing process for considering all appeals
under this chapter.
B.
Enforcement:
(1)
The First Selectman, his/her designee, or any police
officer in the Town of Old Saybrook is authorized to issue a citation
or summons for a violation of this chapter.
(2)
In addition thereto, the First Selectman or his/her
designee is authorized to initiate legal proceeding in the Superior
Court for the immediate correction of the violation(s), collection
of any penalties, and the recovery of all costs, including costs of
remedial action(s) authorized by the Court and reasonable attorney's
fees incurred by the Town of Old Saybrook to enforce this chapter.
(3)
All fines, Court costs, costs of remedial action,
and attorney's fees, as ordered by the Court, shall constitute a written
lien on the subject premises, provided the owner of said premises
has been notified of the violation(s) as herein provided and was made
a party to the enforcement proceedings. Notification of the placement
of a written lien will be sent 15 days prior to the placement of a
lien in the Old Saybrook Land Records.