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:
(a) 
There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of any provisions of this chapter; and
(b) 
Such extension is in harmony with the general purpose and intent of this chapter to secure the public health, safety and general welfare.
(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.