The New Milford Health Department (NMHD) shall administer and
enforce the Housing Code. The NMHD is authorized to inspect all dwelling
structures and to order any repairs or additional facilities necessary
to meet code standards. The NMHD is authorized to condemn dwellings
that are unfit for human habitation and, in that situation, the owner
of the condemned building must comply with the minimum standards of
this chapter or cease using said building for dwelling purposes. An
appeal from a decision of the NMHD may be taken to the Code Enforcement
Committee.
A.
The NMHD is hereby authorized and directed to make inspections to
determine the condition of dwellings, dwelling units, rooming units
and premises located within the Town of New Milford in order that
the NMHD may perform its duty of safeguarding the health and safety
of the occupants of dwellings and of the general public. For the purpose
of making such inspections, the NMHD is hereby authorized to enter,
examine and survey, at all reasonable times, all dwellings, dwelling
units, rooming units and premises. The owner or occupant of every
dwelling, dwelling unit and rooming unit or the person in charge thereof
shall give the NMHD free access to such dwelling, dwelling unit or
rooming unit and its premises at all reasonable times for the purpose
of such inspection, examination and survey. Each occupant of a dwelling
or dwelling unit shall give the owner thereof or his or her agent
or employee access to any part of such dwelling or dwelling unit or
its premises, at all reasonable times, for the purpose of making such
repairs and/or alterations as are necessary to effect compliance with
the provisions of this chapter or any lawful order issued pursuant
to the provisions of this chapter.
B.
Whenever the NMHD is denied access to any dwelling or dwelling unit,
it shall obtain a search warrant from a court of competent jurisdiction
prior to entering such dwelling or dwelling unit. If any owner, owner's
agent or occupant of a dwelling, dwelling unit or rooming unit or
a multiple dwelling or rooming house subject to the provisions of
this chapter refuses, impedes, inhibits, interferes with, restricts
or obstructs entry and free access to every part of the structure
or premises where inspection authorized by this chapter is sought,
the NMHD may seek in a court of competent jurisdiction an order that
such owner, occupant or other person in charge cease and desist with
such interference.
[Ord. of 11-27-1995; Res. of 6-11-1996]
A.
The Housing Code Enforcement Committee shall be composed of three
members who shall be appointed by the Mayor in accordance with Section
1001 of the Town Charter. The term of office of each Committee member
shall be two years commencing December 1, 1995, except that, of the
initially appointed members, one member shall serve for one year from
December 1, 1995, through November 30, 1996, one member shall serve
for two years from December 1, 1995, through November 30, 1997, and
one member shall serve for three years from December 1, 1995, through
November 30, 1998.
B.
The Housing Code Enforcement Committee shall be responsible for coordinating the Housing Code Enforcement Program of the Town of New Milford with particular reference to the urban renewal and general planning objectives established by the Town of New Milford. The Committee shall hold hearings and render decisions on appeals brought pursuant to Section 71 of the Housing Code and shall have the power to adopt rules and regulations governing the conduct of the Committee meetings subject to the requirements of Chapter 30 and such other powers as are conferred pursuant to Section 68 of the Housing Code, Chapter 30.
A.
Whenever, in the judgment of the NMHD, an emergency exists which
requires immediate action to protect the public health, safety or
welfare, it may, without notice, conference or hearing, issue an order
directing the owner, owner's agent or occupant of the structure
to which the provisions of this chapter apply to take such action
as is necessary to correct or abate the emergency or, if circumstances
warrant, the NMHD may itself act to abate or correct the emergency.
B.
The owner, owner's agent or occupant of such structure shall
be granted a conference on the matter upon his or her request, as
soon as practicable, but such conference shall in no case stay the
abatement or correction of such emergency.
A.
Whenever the NMHD determines that there are reasonable grounds to
believe that there has been a violation of any provision of this chapter,
it shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reason why it is being issued, including
the specific sections of this chapter which are allegedly being violated
and a description of the nature of the violation.
(3)
Allow a reasonable time for the performance or any act it requires.
(4)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with rules and
regulations adopted pursuant thereto.
(5)
Notify the person to whom it is issued of the right to a hearing before the Housing Code Enforcement Committee as set forth in § 30-72.
(6)
Be served upon the owner or his or her agent or the occupant, as
the case may require, provided that such notice shall be deemed to
be properly served upon such owner or agent or upon such occupant:
(a)
If a copy thereof is served upon him or her personally or if
a copy thereof is sent by certified mail to his or her last known
address;
(b)
If a copy thereof is posted in a conspicuous place in or about
the dwelling affected by the notice; or
(c)
If he or she is served with such notice by any other method
authorized or required under the laws of this state.
B.
At the end of the period of time allowed for the correction of any
violation alleged, the NMHD shall reinspect the dwelling, dwelling
unit, rooming house, rooming unit, hotel or hotel unit described in
the notice.
C.
If upon reinspection the violations are determined not to have been
corrected, the NMHD may initiate legal proceedings for the immediate
correction of the alleged violations and may order the dwelling, dwelling
unit, rooming house, rooming unit, hotel or hotel unit vacated within
30 days, or both.
D.
The NMHD, after the expiration of the time granted the persons served
with such order to seek reconsideration in a hearing in the manner
hereinafter provided by this chapter or after a final decision adverse
to such person has been rendered by the Housing Code Enforcement Committee
or by a court of competent jurisdiction to which an appeal has been
taken, shall cause the order to be recorded on the land records of
the Town of New Milford.
E.
All subsequent transferees of the dwelling, dwelling unit, rooming
house, rooming unit, hotel or hotel unit in connection with which
an order has been so recorded shall be deemed to have notice of the
continuing existence of the violations alleged and shall be liable
for all penalties and procedures provided by this chapter and the
applicable rules and regulations issued pursuant thereto to the same
degree as was their transferor.
A.
Any person aggrieved by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Housing Code Enforcement Committee, provided that such person shall file in the office of the NMHD a written petition requesting such hearing and setting forth a brief statement of the grounds for hearing and setting forth a brief statement of the grounds for such within 10 days after the day the notice was served. Upon receipt of such petition, the NMHD shall promptly forward the petition to the Chair of the Housing Code Enforcement Committee, who shall set a time and place for such hearing and shall serve, in the manner provided in § 30-71A(6), the petitioner with written notice of the time and place of the hearing at least seven days prior to said hearing.
B.
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified, extended or
withdrawn or a variance granted.
C.
The hearing shall be commenced not later than 30 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, said Committee may postpone the date of the hearing
for a reasonable time beyond such thirty-day period if in its judgment
the petitioner has submitted a good and sufficient reason for such
postponement, but in no event shall said hearing be postponed longer
than 30 additional days. The hearing shall be completed no later than
10 days after it commences.
D.
Such hearing shall be had before the entire membership of the Housing Code Enforcement Committee. Within 10 days after the hearing is completed, said Committee, by a majority vote, shall sustain, modify or withdraw the notice. It may also grant an extension or variance in accordance with the conditions set forth in Subsection E. The Committee shall serve the petitioner with written notice of its decision, in the manner provided for service of notice in Section 70.1.F, within four days after the date of the decision.
E.
Extension or variance.
(1)
Extensions. The time for performance of any act required by the notice issued pursuant to § 30-71 may be extended for not more than 18 months, subject to appropriate conditions and where the Committee makes the following specific findings of fact, based on evidence relating to the particular case, that:
(2)
Variances. A variance shall be granted in a specific case and from
a specific provision of this chapter, subject to appropriate conditions,
when the Committee makes the following specific findings of fact,
based on evidence relating to the particular case:
(a)
There are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of the provision;
(b)
The effect of the application of the provisions would be arbitrary
in the specific case;
(c)
An extension would not constitute an appropriate remedy for
these practical difficulties, unnecessary hardships or arbitrary effect;
and
(d)
Such variance is in harmony with the general purpose and intent
of this chapter to secure the public health, safety and general welfare.
F.
Nothing contained herein shall be construed to limit the authority
of the NMHD to resolve cases of code noncompliance through an administrative
route, including the holding of informal conferences, with owners,
occupants or agents or employees of said owners or occupants. Such
conferences may be held by the NMHD at its discretion at any time,
either before or after resort to other remedies available hereunder.
There will be a fee of $10 assessed for each appeal filed with
the Housing Code Enforcement Committee. Said fee must be paid in full
on or before the scheduled date of hearing. All fees shall be collected
by said Committee and deposited into the general fund of the Town
of New Milford.
If the notice is sustained, modified or extended, it shall become an order of the NMHD as so sustained, modified or extended. Any notice served pursuant to § 30-71 of this chapter shall automatically become an order if a written petition for a hearing is not filed in the offices of the NMHD and of the Chair of the Housing Code Enforcement Committee within 10 days after such notice is served.
The proceedings at such hearings, including the findings and
decision of the Housing Code Enforcement Committee, shall be summarized,
reduced to writing and entered as a matter of public record in the
office of the NMHD and open to reasonable public inspection. Such
record shall also include a copy of every notice or order issued in
connection with the matter. Any person aggrieved by a decision of
the Housing Code Enforcement Committee may appeal, pursuant to Section
19a-229 of the Connecticut General Statutes, to the Commissioner of
Health Services of the State of Connecticut.
[Ord. of 11-27-1995]
The Town of New Milford hereby adopts the provisions of Sections
47a-56 through 47a-56i of the Connecticut General Statutes, including
any amendments thereto, relating to applications for receiverships
as a method of enforcing ordinances requiring the abatement of nuisances
in tenement houses as defined therein. The Town of New Milford appoints
the Director of Health to carry out the provisions of said statutes.
