[Added 1-3-1989; amended 9-8-2008 by Ord. No. 44-09; 9-8-2009 by Ord. No. 45-09; 10-5-2009 by Ord. No. 47-09; 5-2-2013 by Ord. No. 11-13; 7-6-2015 by Ord. No. 15-15; 7-3-2017 by Ord. No. 11-17]
It is found and declared that there exist within the City properties with, and without, residential and nonresidential structures that are substandard with respect to structural integrity or maintenance or are blighted. It is further found that certain conditions causing these structures to be substandard or blighted adversely affect the economic well-being of the City and are harmful to the health, safety and welfare of City residents. These conditions include, but are not limited to the following: structural deterioration, lack of maintenance, blight, infestation, fire hazards, accumulating refuse on private property, storage of two or more unregistered vehicles (junkyard) and unsanitary conditions. It is further found that certain of these substandard or blighted structures can be repaired, rehabilitated, reconstructed or reused so as to provide decent, safe and sanitary housing and commercial facilities, thereby eliminating, remedying, and preventing the adverse conditions described above. It is further found that the lack of maintenance and progressive deterioration of certain structures create blight and initiate slums, and that if the same are not curtailed and removed, these undesirable conditions will grow and spread, necessitating future expenditures of large amounts of public funds to correct and eliminate. This chapter is adopted in accordance with the provisions of C.G.S. § 7-148(c)(7)(H)(xv), as amended.
The purpose of this article is to protect the public health, safety, and welfare as follows:
A. 
By establishing minimum standards governing the maintenance, appearance, and condition of residential and nonresidential premises;
B. 
By fixing responsibilities and duties upon owners, operators and occupants; and
C. 
By authorizing and establishing procedures for enforcement, inspection and penalties.
For the purposes of this article, the following words and terms shall mean as follows:
ABANDONED PROPERTY
Any real property on which there is a vacant structure, or no structure, and on which:
A. 
Real property taxes have been delinquent for one year or more and orders have been issued by the City's Fire Marshal, Building Official or Health Director and there has been no compliance with those orders within the prescribed time given by such official or within 90 days, whichever is longer; or
B. 
The owner has declared in writing to the Building Official that his property is abandoned.
ABANDONED VEHICLE
Any unregistered, inoperable car, truck, aircraft, camper, motorcycle or moped, recreational vehicle (e.g., golf cart, snowmobile, water sled, all-terrain vehicle, etc.), boat or other watercraft, tractor, cart, trailer, riding mower, or farming or construction equipment, whether self-propelled or towed. It shall be a defense that the vehicle is not abandoned if it is currently registered with a state or federal licensing agency, such as a department of motor vehicles, or other agency that licenses the particular type of vehicle. "Inoperable" shall mean that the vehicle is no longer being used for its intended purpose evidenced by two or more of the following conditions:
A. 
Engine no longer starts or is missing;
B. 
Missing or flat tires or wheels, or other missing parts necessary for locomotion;
C. 
Missing doors or windows;
D. 
Close proximity of grass or other vegetation or debris, indicating immobility;
E. 
Holes, rust, or other evidence of obvious physical decay or neglect, lack of maintenance or excessive use; or
F. 
Use for another purpose (e.g., storage).
ACCUMULATING REFUSE
Refuse that accumulates on any private premises and is not completely contained within trash or refuse storage bins, racks or enclosures, or other containers that are approved by the City for such use.
BLIGHTED PREMISES
A. 
Any building or structure, or any portion of a building or structure that is a separate unit, regardless of whether the same is vacant or occupied, or any accessory structure or fence, or any vacant parcel of land, in which the City of Middletown determines that at least one of the following conditions exist:
(1) 
It is determined by the City that existing conditions pose a serious or immediate danger to the health, safety or welfare of any person or the community.
(2) 
The premises is not being reasonably maintained, is in a state of disrepair, deterioration or is becoming dilapidated. "State of disrepair" or "becoming dilapidated" shall mean in a physically deteriorating condition causing unsafe or unsanitary conditions or a nuisance to the general public and be evidenced by one or more of the following conditions:
(a) 
Missing, broken or boarded windows or doors, if the building is not vacant or abandoned:
(b) 
Broken glass, crumbling stone or brick or other conditions reflective of deterioration or inadequate maintenance;
(c) 
A fence that is in a state of dilapidation or decay;
(d) 
A collapsing or missing exterior wall, roof, floor, stairs, porch, railings, basement hatchways, chimneys, gutters, awnings or other exterior features;
(e) 
Siding or roofing that is seriously damaged, missing, faded or peeling;
(f) 
Unrepaired fire or water damage that has existed for longer than two months;
(g) 
A foundation that is structurally faulty;
(h) 
The outside structure walls are not weather- and watertight, that is evidenced by such structure having any holes, loose boards, or any broken, cracked or damaged siding that admits rain, cold air, dampness, rodents, insects or vermin;
(i) 
Garbage, rubbish, refuse, accumulating refuse, putrescible items, trash or other accumulated debris that is being stored or accumulated in the public view;
(j) 
Parking lots in a state of disrepair or abandonment evidenced, for example, by cracks, potholes, overgrowth of vegetation within the surface pavement or macadam, or within medians and buffers;
(k) 
Shrubs, hedges, grass, plants, weeds or any other vegetation that have been left to grow in an unkempt manner that are covering or blocking means of egress or access to any building or that are blocking, interfering with, or otherwise obstructing any sight line, road sign, or emergency access to or at the property, when viewed from any property line;
(l) 
Abandoned or inoperable vehicles or abandoned or inoperable property are improperly stored on the premises;
(m) 
Abandoned or vacant buildings or structures that are devoid of water, sewer. or other utility function or service that has become an illegal residence;
(n) 
Grass or weeds that have reached a height greater than eight inches; or
(o) 
Graffiti on buildings or structures.
(3) 
Vacant or abandoned buildings must be boarded up as required by the Building Code. In addition, for any building that is vacant for more than two months, the plywood used to board up the openings must be painted in a color to match the building.
(4) 
The property is a fire hazard as documented by the Fire Department.
(5) 
The property provides rodent harborage or infestations, as documented by the Health Department.
(6) 
All equipment or other materials stored on the property must be free from rust and in good working order. Abandoned appliances, automobile parts, discarded household items and piles of rotten lumber are prohibited from being stored on the property. Equipment and material stored outside shall be stacked or arranged in an orderly fashion in a location providing reasonable screening from neighbors and adjoining streets.
B. 
Nothing in this section shall be deemed to apply to any condition that is in compliance with any permit issued under the current regulations and ordinances of the City of Middletown, including, but not limited to, regulations and ordinances related to zoning, health, fire, public works and inland wetlands.
DETERIORATION
The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of obvious physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof, or any building or any part thereof, which may be lawfully viewed by the public.
EXTERIOR OF THE PREMISES
Open space on the premises outside of any building thereon.
EXTERMINATION
The control and elimination of insect, rodents and vermin.
GARBAGE
Also see "refuse," "rubbish"; putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food or the keeping of pets or other animals.
INFESTATION
The presence of insects, rodents, vermin or other pests on the premises, which constitute a health hazard.
ILLEGAL RESIDENCE
Human habitation of a dwelling unit or structure that does not comply with state or local statutes, codes and/or regulations.
JUNKYARD
Storage or parking of two or more unregistered or inoperable motor vehicles.
NUISANCE
A. 
Any public nuisance as defined by statute or ordinance.
B. 
Any attractive nuisance. An "attractive nuisance" is defined as the presence of any condition which may prove detrimental to the health or safety of children whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to, the presence of abandoned wells, shafts, basements, excavations, refrigerators, vehicles, lumber, and garbage, refuse, rubbish, and any structurally unsound fences or other structures.
C. 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
D. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
E. 
Fire hazards. Any situation, process, material, or condition that can cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion and that poses a threat to life or property as determined by the City Fire Marshal or his duly authorized agent.
OCCUPANT
Any person, other than the owner, who occupies a building or premises, or a part thereof, as a tenant or lessee, as a family member of a tenant or lessee, as a guest of a tenant or lessee, or as a trespasser.
OPERATOR
Any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.
OWNER
The record owner of the real property.
PARTIES IN INTEREST
Any person claiming an interest of record pursuant to a bona fide mortgage, assignment of lease or rent, lien, or security in the property.
PREMISES
A lot, plot or parcel of land, including the buildings or structures thereon.
PUBLIC AUTHORITY
Any officer (or his or her designee) who is in charge of any department or branch of the government of the City relating to health, fire, building regulations or to other activities concerning buildings in the City.
PUTRESCIBLE
Liable to undergo decomposition or rotting by bacteria, fungi, and oxidation, resulting in the formation of foul-smelling products.
REFUSE
Also see "garbage," "rubbish"; all putrescible and nonputrescible solid waste (except human body wastes), including but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, excrement from pets or other animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Also see "garbage," "refuse"; nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.
Every residential, nonresidential or mixed occupancy building and the land on which it is (or was) situated, used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this article. Such compliance is required whether or not such building shall have been constructed, altered or repaired before or after the enactment of this article. Such compliance further is required irrespective of any permits or licenses issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this article. This article shall also apply to mobile home parks.
In any case where the provisions of this article impose a higher standard than set forth in any other City ordinances or under the laws of the state or federal governments, then the standards as set forth herein shall prevail. If the provisions of this article impose a lower standard than any other City ordinance or under the laws of the state or federal governments, then the higher standard set forth therein shall prevail. The provisions of this article shall not apply to any case where the state has the exclusive right to bring an action to abate a public nuisance involving any real property or portion thereof for the purposes enumerated in Section 19a-343 et seq. of the Connecticut General Statutes or any duly adopted amendments thereto.
No waiver, relief from enforcement, or certification of compliance with this article shall constitute a defense against any violation of any other City ordinance applicable to any structure or premises. Any provision herein shall not relieve any owner, operator or occupant from complying with any such other provision, nor any official of the City from enforcing.
Where weekly curbside pickup is available, an owner, operator or occupant of a dwelling shall have the duty and responsibility of removing garbage, refuse and rubbish generated by him to the curb, on the day curbside pickup is scheduled, in closed containers intended for that purpose. Where weekly curbside pickup is not available, an owner, operator or occupant of a dwelling shall have the duty and responsibility to remove garbage, refuse and rubbish generated by him to the place provided by the owner or to arrange with the owner for its transfer for safe and sanitary disposal.
A. 
Creation or maintenance of blighted premises prohibited. No owner, operator or occupant of real property in the City of Middletown shall cause or allow any "blighted premises," as defined in § 120-20, to be created, nor allow the continued existence of such blighted premises, nor shall an owner, operator or occupant of real property fail to observe the respective duties of owners, operators and occupants as provided in this article. The Zoning and Wetlands Enforcement Officer, or his or her designee, shall receive complaints of properties alleged to constitute blighted premises and shall inspect such properties to determine whether they constitute a blighted premises. A violation of any section or subsection of the definition of "blighted premises" in § 120-20 shall constitute a distinct and separate violation, and each day that a building, structure or parcel of land remains in violation of this article shall constitute grounds for the assessment of a separate civil penalty.
B. 
Blight citation procedure. If the Zoning and Wetlands Enforcement Officer, or his or her designee, after inspection of a property, determines that a property constitutes a blighted premises, or if the City determines that such property is otherwise in violation of this article, the City may notify the owner or occupant of such blighted premises, by mailing the following to the owner or occupant's last known address on file with the City of Middletown's Tax Collector:
(1) 
Notice of blight. The Zoning and Wetlands Enforcement Officer, or his or her designee, shall send by certified and regular United States mail, a notice of blight to the property owner and, if applicable, to the legal occupant or possessor of the blighted premises. In the case of an unidentified owner or one whose address is unknown, the Zoning/Wetlands Enforcement Officer shall publish a notice in a local newspaper having substantial circulation in the City of Middletown, stating that the blighted premises is cited for a violation of this article. Such notice of blight shall contain at a minimum, the following information:
(a) 
A description of the conditions that are causing the premises to be considered a blighted premises, together with the action(s) needed to correct such conditions;
(b) 
That the owner or occupant of such blighted premises shall have 30 days from the date of the notice of blight to bring the property into compliance with all local codes and regulations. Such thirty-day period may be extended at the Zoning and Wetlands Enforcement Officer's discretion; and
(c) 
A statement of the penalties for noncompliance, including a provision informing the owner or occupant that pursuant to § 120-26 of the Middletown Code of Ordinances, the City may enter the blighted premises to remediate the blighted conditions, and that in such cases, the City shall then assess the costs incurred by the City of Middletown for such remediation upon the owner or occupant of the blighted premises as a lien, or as taxes pursuant to C.G.S. § 49-73b and C.G.S. § 12-169b, as amended.
(2) 
Blight citation. If the property owner or occupant does not repair the blighted condition(s) by the deadline set forth in the notice of blight, and if the conditions set forth in the notice of blight still exist on the blighted premises, the Zoning and Wetlands Enforcement Officer may issue a blight citation to the owner or occupant of the blighted premises. Such blight citation shall contain at a minimum, the following information:
(a) 
Notice to the property owner or occupant that he or she is being fined $100 per violation per day for each violation of this article that exists on the blighted premises after the deadline set forth in the notice of blight.
(b) 
That the owner or occupant of such blighted premises shall have 15 days from the date the blight citation was issued to pay the fines on an uncontested basis.
(3) 
Failure to pay fine notice. If the owner or occupant of the blighted premises fails to pay the fine on an uncontested basis by the date set forth in the blight citation, the Zoning and Wetlands Enforcement Officer shall issue a failure to pay fine notice within 12 months of the expiration of the final period for the uncontested payment of fines set forth in the blight citation, or any extensions thereto. The failure to pay fine notice shall contain at a minimum, the following information:
(a) 
The allegations against the owner or occupant of the blighted premises, and the current amount of the fines, penalties, costs or fees due;
(b) 
That the owner or occupant of the blighted premises may contest his liability before a citation hearing officer by delivering written notice to the City and Town Clerk of the City of Middletown within 10 days of the date of the issuance of the failure to pay fine notice;
(c) 
That if the owner or occupant of the blighted premises does not demand such a hearing, an assessment and judgment shall be entered against him; and
(d) 
That such judgment may issue without further notice.
(4) 
Request for blight hearing and request for blight assessment.
(a) 
Request for blight hearing. If the owner or occupant of the blighted premises requests a hearing within 10 days of the date of the issuance of the failure to pay fine notice, the Zoning and Wetlands Enforcement Officer shall submit a request for blight hearing to a Citation Hearing Officer, who shall then follow the procedures set forth in C.G.S. § 7-152c, as amended from time to time. If the Citation Hearing Officer, after a hearing, determines that the owner or occupant of the blighted premises is liable for the violation(s), the Citation Hearing Officer shall identify in writing violations for which the owner or occupant of the blighted premises was found to be liable in the blight assessment.
(b) 
Request for blight assessment. If the owner or occupant of the blighted premises fails to request a hearing within 10 days of the date of the issuance of the failure to pay fine notice, the Zoning/Wetland Enforcement Officer shall submit a request for blight assessment to a Citation Hearing Officer, who shall then follow the procedures set forth in C.G.S. § 7-152c, as amended from time to time.
C. 
Penalties for offenses: criminal violations and civil citations.
(1) 
Criminal violations.
(a) 
Pursuant to C.G.S. § 7-148(c)(7)(H)(xv) and C.G.S. § 7-148o, as may be amended from time to time, any person or entity who, after written notice and a reasonable opportunity to fully remediate the blighted premises within the time period prescribed in the notice of blight pursuant to § 120-25B(1), wilfully continues to violate the provisions of Chapter 120, Article II, of the Middletown Code of Ordinances, concerning the prevention and remediation of housing blight, may be fined by the State of Connecticut not more than $250 for each day for which it can be shown, based on an actual inspection of the blighted premises on each such day, the blighted conditions continued to exist after written notice to the owner or occupant. This section is designated as a violation pursuant to C.G.S. § 53a-27.
(b) 
Any person who is a new owner or occupant shall, upon request, be granted a thirty-day extension of the notice and opportunity to remediate prior to the imposition of a fine. If the blight is remediated during said extension, the case shall be dismissed. For purposes of this section, the term "new owner" means any person or entity who has taken title to a property within 30 days of the notice, and the term "new occupant" means any person who has taken occupancy of a property within 30 days of the notice.
(2) 
Civil citations. Pursuant to Section 7-148(c)(7)(H)(xv), a civil violation of this provision shall be punishable by a fine of $100 per violation for each day such violation continues. A violation of any section or subsection of the definition of "blighted premises" in § 120-20 shall constitute a distinct and separate violation. Each day any violation of this provision continues shall constitute a separate offense. Pursuant to C.G.S. § 7-148aa, any unpaid fine imposed pursuant to this article shall constitute a blight lien upon the real estate against which the fine was imposed from the date of such fine.
D. 
Abatement procedure. If the owner or possessor of the blighted premises fails to pay the fine on an uncontested basis by the deadline set forth in the notice of blight described in § 120-25B(1), the City may, in lieu of issuing a blight citation, invoke the procedures set forth in § 120-26C of this article, whereby in accordance with § 7-148(c)(7)(H)(xv) of the Connecticut General Statutes, as amended, the City may authorize designated agents, including, without limitation, members of the Public Works Department, the Health Department, the Fire Department and the Planning and Zoning Department, to enter the blighted premises during reasonable hours for the purpose of remediating the blighted conditions, provided that such agent(s) shall not enter any dwelling house or other structure so existing on the blighted premises without proper authorization. The City shall then assess the cost to the City of Middletown for such remediation upon the owner or occupant of the blighted premises as a lien or as taxes pursuant to C.G.S. § 49-73b and C.G.S. § 12-169b, as amended.
E. 
Notice. All notices required to be sent under this article shall also be sent to all lienholders of the subject property, pursuant to C.G.S. § 7-148gg, as amended from time to time, and such notice may be delivered in accordance with C.G.S. § 7-148ii if the person to whom such notice is issued is a registrant.
A. 
Code Enforcement Committee.
(1) 
The Mayor or the Mayor's designee shall convene a Code Enforcement Committee consisting of the Chief of Police or his or her designee, the Zoning Enforcement Officer, and the Director of Health, the Fire Marshals of three fire districts, Director of Public Works and Chief Building Official, or their designees, the General Counsel, or his or her designee, and two City residents appointed by the Mayor with the consent of the Common Council. The Mayor shall assign any City staff deemed appropriate to assist the Committee. The Code Enforcement Committee shall hold regular monthly meetings to bring forth issues and violations of building, housing, fire, health, zoning and all other codes, ordinances and regulations pertaining to dwellings, buildings and vacant property located within the City. The Code Enforcement Committee shall make recommendations to any enforcement authority responsible for obtaining compliance with laws, codes, ordinances and regulations pertaining to any condition affecting real property. The purpose of the Code Enforcement Committee shall be to coordinate the efforts of the various code enforcement officials. Action by the Committee shall not supplant or replace enforcement by the various departments.
(2) 
The Code Enforcement Committee will submit an annual budget request and may submit supplemental funding requests to the Common Council, through the Finance and Government Operations Commission.
(3) 
If any owner, occupant or operator of real property is found to be in violation of this article or any other law, regulation or code involving the property, the local code enforcement official that is tasked with enforcing such violation may bring the matter to the Code Enforcement Committee for the creation of an abatement plan. The Code Enforcement Committee, upon a finding that the condition or conditions existing on the real property are in violation of this article or any other law, regulation, or code, and are detrimental to the public health, safety, or welfare, or are depressing the property values of property within the neighborhood, may vote to approve a plan of abatement. Any such plan of abatement may be carried out by either City personnel or private contractors, and shall be monitored by the Code Enforcement Committee for compliance with its approved plan. The Code Enforcement Committee also may approve payment of the costs of such abatement from the Code Enforcement Committee's budgeted funds.
(4) 
At least 10 days prior to any work being performed under an abatement plan approved by the Code Enforcement Committee, a notice of abatement plan shall be issued to the owner of the real estate.
B. 
Notice of abatement plan.
(1) 
The notice of abatement plan shall be sent to the owner or occupant of such real estate by mailing the following to the real estate that is the subject of the notice of abatement plan, and to the owner or occupant's last known address on file with the City of Middletown's Tax Collector's office by certified and regular United States mail. In the case of an unidentified owner or one whose address is unknown, the Code Enforcement Committee shall publish a notice in a local newspaper having substantial circulation in the City of Middletown. All notice of abatement plans shall also be sent to all lienholders of the subject property, pursuant to C.G.S. § 7-148gg, as amended, and such notice may be delivered in accordance with C.G.S. § 7-148ii, as amended, if the person to whom such notice is issued is a registrant.
(2) 
Contents of the notice of abatement plan. The notice of abatement plan shall contain at a minimum, the following information:
(a) 
The allegations against the owner or occupant of the real estate, and the current amount of the fines, penalties, costs or fees due;
(b) 
That the owner or occupant of the real estate may contest his or her liability before the Zoning Citation Hearing Officer by delivering written notice to the City and Town Clerk of the City of Middletown within 10 days of the date of the issuance of the notice of abatement plan;
(c) 
That if the owner or occupant of the real estate does not file an appeal, the City of Middletown may enter the real estate that is the subject of the notice of abatement plan to carry out the provisions of such abatement plan; and an assessment and/or judgment may be entered against him or her without further notice.
(d) 
That such judgment may issue without further notice.
C. 
Recovery of costs. The expenses incurred for the inspection, repair, demolition, removal or other disposition of any real estate in order to secure such real estate or to make it safe and sanitary under any provision of the Connecticut General Statutes or pursuant to building, health, housing or safety codes or regulations of the City of Middletown, shall be recovered from the owner of the real estate for which such expenses were incurred. After such work has been completed, the City shall assess the costs incurred by the City of Middletown as a lien, pursuant to C.G.S. § 49-73b within 30 days after such work was completed, or shall assess the costs incurred by the City of Middletown as real estate taxes against the real estate, pursuant to C.G.S. § 12-169b, as amended, and shall give notice to the owner of the real estate in the same manner as provided in § 49-34 of the Connecticut General Statutes.
Any owner of occupant of any real property, or individual or entity having control of any building or premises shall keep the same in a clean condition, and any such person having control of any building or premises in or upon which there is any substance or material or any condition which is or may become a source of danger to the public health or a nuisance shall, when ordered by the Director of Health or his authorized representative, in writing, remove or abate the same within the time specified in such order.