The purpose of this article 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 article is adopted pursuant to C.G.S. § 7-148(c)(7)(H)(xv)
and is considered a "Blight Ordinance."
This article shall apply to the maintenance of all residential,
nonresidential, and undeveloped premises now in existence or hereafter
constructed, maintained, or modified but shall exclude agricultural
lands as defined in C.G.S. § 22-3(b); 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.
The following definitions shall apply in the interpretation
and enforcement of this article:
ABANDONED
The occupants have vacated the premises and do not intend
to return, which intention may be evidenced by the removal by the
occupants or their agent of substantially all of their possessions
and personal effects from the premises and either:
A.
Nonpayment of rent for more than two months in the case of a
rental property; or
B.
An express statement by the occupants that they do not intend
to occupy the premises after a specified date.
BLIGHTED PROPERTY
A property whereon any of the following conditions and/or
structures exist, including but not limited to vacant or abandoned
properties or structures:
A.
Any dilapidated structure;
B.
Any structure which is in a state of decay or is open to the
elements or unable to provide shelter or serve the purpose for which
it was constructed due to damage or decay;
C.
Premises occupied by a structure intended for human occupancy
and/or commercial activity in which grass, weeds, or similar vegetation
(excluding flowers, fruits, and vegetables, and areas maintained in
their original naturally wooded state, natural field state or shoreline
state) is allowed to reach and remain at a height of 10 inches or
greater for a period of 10 days, or longer;
D.
Dead, decayed, diseased or damaged trees, or parts thereof,
constituting a hazard or danger to public property or persons lawfully
therein;
E.
More than one unregistered and unstreetable motor vehicle in
the public view, pursuant to C.G.S. § 14-150a;
F.
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;
G.
Residential or commercially zoned property that has any of the
following conditions:
(1)
Premises containing accumulated debris, not including compost
piles or piles of grass and/or brush which are not visible from a
public right-of-way and do not otherwise constitute a public health
or safety hazard; 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.
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; and 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; or to become decomposed or rotten, except a
contained compost pile.
DILAPIDATED
A building or structure that is not being maintained as evidenced
by one or more of the following factors which have existed for a period
of six months and which may be considered in that determination: broken,
missing or boarded windows or doors; collapsing or missing walls,
roof or floors; seriously damaged or missing siding; a structurally
faulty foundation; graffiti; fire damage; and/or in such condition
that they would not qualify to receive a certificate of use and occupancy
if one were applied for.
ENFORCEMENT OFFICER
The Town Manager or his/her designee(s) and/or the building
code enforcement officer(s) or his/her designee(s).
LEGAL OCCUPANT
A person with the legal right to inhabit a building or portion
thereof by virtue of ownership, lease or an owner's written consent.
MECHANICAL EQUIPMENT
Any apparatus designed to operate 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 nondwelling 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 chapter.
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.
VACANT
A building or portion thereof that is not actually inhabited
by a legal occupant for a period of 60 days or longer.
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 Clinton to maintain such premises or any public right-of-way
abutting said premises as a blighted property.
The owner, lessee, or occupant of premises subject to this article,
including the agents thereof, shall be jointly and severally obligated
to comply with the provisions of this article. Whenever the person,
as herein defined, is a corporation or other legal entity, the officers
thereof shall be jointly and severally responsible with that corporation
or other legal entity.
A person who willfully violates the provisions of this article
may be subject to state fines of up to $250 per day, or the amount
authorized by C.G.S. § 7-148o. Nothing in this article shall
preclude the Town of Clinton from pursuing fines and penalties authorized
by C.G.S. § 7-148o for failure to abate violations.
The Town Council shall appoint a Blight Hearing Board, comprised of three individuals to hear each appeal pursuant to §
390-8. Members of the Blight Hearing Board shall not be a police officer, or employees or persons who issue citations or fines, or a person employed by any department which oversees or enforces anti-blight or condemnation proceedings.
In the event any person responsible for a blighted property
shall fail to abate or correct any violation specified in any notice,
after the issuance of an enforcement action for such failure, which
citation has become final through the failure of such person responsible
for a property to appeal from the issuance of said citation, or by
such appeal being denied, the Town of Clinton, acting through its
Town Manager or Enforcement Officer, may cause to take such action
as is necessary to correct such violation(s) as authorized by a court
order. The cost to take such action shall be a civil claim by the
Town against such person responsible for a property, and the Town
may bring an action to recover all such costs, including reasonable
attorneys' fees and expenses incurred.