This chapter shall be known as the "Blighted Premises Code of
the Town of Newington" (the "code") and the standards established
by this code shall be referred to as and constitute the minimum property
standards of the Town of Newington ("Town").
The following definitions apply to this chapter.
ABANDON
To give up control, cease to maintain; for vehicles, the
physical condition, the length of time since last used on the public
highway, whether or not it is registered; for vehicles and/or other
things not required to be registered or not normally used on the public
highways, the physical condition, the length of time since it was
last used for the purpose intended.
ACCESSORY STRUCTURE
A structure, the use of which is customarily incidental and
subordinate to that of a principal building, structure or use on the
same lot.
BLIGHTED PREMISES
A.
Any building or structure, or any part of a structure that is
a separate unit, or a parcel of land or premises, or any necessary
structure, or fence, where at least one of the following conditions
exists:
(1)
The Blighted Premises Enforcement Officer determines that existing
conditions pose a serious threat to the health, safety and welfare
of Town citizenry;
(2)
It is not being maintained, as evidenced by the existence, to
a significant degree, of one or more of the following conditions:
(a)
Missing, broken or boarded windows or doors;
(b)
Collapsing or deteriorating exterior walls, shutters, roofs,
stairs, porches, handrails, railings, basement hatchways, chimneys,
flues, or floors;
(c)
Exterior walls which contain holes, breaks, loose or rotting
materials or which are not properly surface coated to prevent deterioration;
(d)
Foundation walls which contain open cracks and breaks;
(e)
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, stairways, fire escapes, standpipes and
exhaust ducts which contain rust or other decay;
(f)
Chimneys and similar appurtenances which are in a state of disrepair;
(g)
Insect screens which contain tears or ragged edges;
(h)
Refuse, rubbish, trash or debris improperly stored or accumulated
on the premises, or vehicles, machinery and/or watercraft on the premises;
(i)
Overgrown grass or weeds allowed to reach and remain at a height
of 12 inches (one foot) or more for a period of seven days.
(j)
Vermin and/or animal infestations;
(k)
In the case of a fence, broken or rotted sections or in an otherwise
dilapidated condition; or
(l)
In-ground or aboveground swimming pools with standing water
and/or which are in a state of disrepair.
(3)
Any other exterior condition reflecting a level of maintenance
which is not in keeping with community standards or which constitutes
a blighting factor for adjacent property owners or occupiers or which
is an element leading to the progressive deterioration of the neighborhood;
(4)
It is attracting illegal activity as documented in Police Department
records;
(5)
It is a fire hazard as determined by the Fire Marshal or as
documented in the Fire Department records; and/or
(6)
It is a factor creating a substantial and unreasonable interference
with the use and enjoyment of other premises within the surrounding
area as documented by neighborhood complaints, police reports, the
cancellation of insurance on proximate properties or similar circumstances.
B.
Blighted premises shall not include any such building, structure
or parcel of land located on municipal, state and federal property.
BLIGHTED PREMISES ENFORCEMENT OFFICER
An individual or individuals appointed by the Town Manager to inspect and reinspect blighted premises, issue notice of violation warning letters in accordance with §
182-8 of this code, and issue citations for violations of this code in accordance with §
182-9 of this code. Said individual shall not be the Town Manager or a Citation Hearing Officer.
CITATION HEARING OFFICER
An individual or individuals appointed by the Town Manager
to conduct hearings authorized by this chapter.
DAYS
Calendar days and shall not include the day of receipt of
the notice.
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, parts of automobiles, furniture,
appliances, cans, boxes, bags, scrap metal, tires, batteries, containers,
garbage, rubbish, refuse, machinery and vehicles.
INOPERABLE
A motor vehicle which is incapable of being legally operated
on public roads without major work or modification. Missing parts,
broken or severely damaged components shall be prima facie evidence
of inoperability.
JUNKED
A motor vehicle located on the premises which is inoperable;
this definition shall also include parts of motor vehicles or iron,
metal, glass, paper, cordage or other or waste or discarded or secondhanded
materials which have been a part or intended to be a part of any motor
vehicle.
LEGAL OCCUPANCY
Occupancy in accordance with state building and fire codes,
local zoning regulations, local housing ordinances and all other pertinent
codes.
MACHINERY
An assemblage of parts that transmits forces, motor and energy,
one to another in a predetermined maneuver; a mechanically, electrically
or electronically operated device for performing a task; an instrument
designed to transmit or modify the application of force, power or
motion.
MOTOR HOME
A vehicular unit designed to provide living quarters and
necessary amenities which are built into an integral part of, or permanently
attached to, a truck or van chassis, including campers and conveyor
trailers.
MOTOR VEHICLE
Any vehicle propelled or drawn by any power other than muscular,
any device suitable for the conveyance of, drawing or other transportation
of persons or property, whether operated on wheels, runners, a cushion
of air or by any other means.
MOTORCYCLE
A motor vehicle, with or without a sidecar, having not more
than three wheels in contact with the ground and a saddle or seat
on which the rider sits or a platform on which the rider stands, including
motor scooters or bicycles with an attached motor.
NEIGHBORHOOD
An area of the Town comprising all premises or parcels of
land, any part of which is within a radius of 1,000 feet of any part
of another parcel or lot within the Town.
OWNER/OCCUPIER
Any person, institution, foundation, entity or authority
which owns, leases, rents, possesses, or is responsible for property
within the Town.
PERSON
Any individual, corporation, limited-liability company, association,
copartnership, company, firm, business trust or other aggregation
of individuals, but does not include the state or any political subdivision
thereof, unless the context clearly states or requires.
PREMISES
Any building, structure, land or portion thereof, including
all appurtenances, owned or controlled by a person.
PROXIMATE PROPERTY
Any premises or parcel of land within 1,000 feet of the boundary
of a blighted premises.
RECREATIONAL VEHICLE
A motor vehicle of the type designed for off-the-road uses
for recreation, entertainment or pleasure and which is not authorized
by the state to be operated on public streets and highways, including
but not limited to minibikes, ATVs, trail bikes, dune buggies, snowmobiles
and swamp buggies.
REFUSE
All putrescible and nonputrescible solids, including garbage,
rubbish, ashes and dead animals. These terms shall include paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,
yard trimmings and other combustible waste materials.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
wastes, such as batteries, paint scrapings, paper, cardboard, plastic
containers, yard clippings and wood and noncombustible wastes such
as tin cans, tires, glass, crockery, metal and used automotive parts,
cold ashes, junk, discarded containers, dust, sweepings, wastepaper,
boxes, crates, rags, clothing, textiles, glass, crockery and similar
waste materials ordinarily accumulated in and around residential premises.
SNOWMOBILE
A vehicle for traveling on ice or snow.
TRAILER
Any rubber-tired vehicle without motive power drawn or propelled
by a motor vehicle.
TRUCK
A motor vehicle designed, used or maintained primarily for
the transportation of property; a motor vehicle with an enclosed forward
passenger compartment and an open rearward compartment used for the
transportation of property.
UTILITY TRAILER
A trailer designed and used to transport personal property
materials or equipment, whether or not permanently affixed to the
bed of the trailer.
WASTE
Land-clearing debris and waste resulting directly from demolition
activities other than clean fill; household items, including but not
limited to sofas, mattresses, furniture, machinery and/or appliances.
WATERCRAFT
A ship, vessel, boat or craft capable of being used for water
transport with or without a motor.
YARD VEGETATION
Grass, weeds, garden plants, shrubs, leaves, branches, limbs,
brush and similar materials grown on and/or emanating from the premises.
[Amended 6-26-2018 by Ord. No. 1719-05]
A. Any person or legal entity, including but not limited to a civic
organization, municipal agency, or Town employee, may report a complaint
of violation of this chapter to the Town Manager's office. Verbal
complaints shall be reduced to writing by the Town Manager's
office. The Blight Enforcement Officer, upon his or her determination
that there is a violation of this code, shall issue a written warning
to the owner/occupier at the time such determination has been made
and shall include the property for consideration of inclusion on the
Blighted Premises List. Such a warning from the Blight Enforcement
Officer shall be issued prior to issuing a citation. Such written
warning shall include:
(1) A description of the real estate, sufficient for identification,
specifying the violation(s) alleged to exist and the remedial action
required;
(2) A due date for the performance of any act required to remedy the
violation and what action needs to be taken to remedy the violation;
(3) The amount of the civil penalties/fines, liens, special assessments,
costs or fees that may be imposed for noncompliance;
(4) At the Blight Enforcement Officer's discretion, contact information
for the Town Director of Human Services for the purpose of encouraging
social work assistance to those in need.
B. The owner/occupier may not contest a warning before a Citation Hearing
Officer.
C. Delivery of a written warning or citation to the owner/occupier shall
be by one or more of the following methods:
(1) By delivery to the owner/occupier by leaving the written warning
or citation at the usual place of abode of the owner/occupier or by
in-hand delivery to the owner/occupier, or with a person of suitable
age and discretion;
(2) By certified, registered or regular mail addressed to the owner/occupier
at his last known address, with postage prepared thereon; or
(3) By posting and keeping posted for 24 hours a copy of the notice of
violation warning letter or citation in placard form in a conspicuous
place on the premises.
[Amended 6-26-2018 by Ord. No. 1719-05]
A. If the corrective actions specified in the warning are not taken,
the Blight Enforcement Officer or his/her designee shall issue a written
citation to the owner/occupier.
B. A citation shall be in writing and shall include:
(1) A description of the real estate sufficient for identification, specifying
the violation(s) alleged to exist and the remedial action required;
(2) Detailed information regarding the contents of the initial warning
(which may be a copy of such written warning) and the failure of the
owner/occupier to take the corrective actions specified therein;
(3) Notice of potential liens that may be asserted by the Town pursuant to §
182-12 of this code.
(4) The amount of the civil penalties/fines, special assessments; costs
or fees due for noncompliance;
(5) At the Blight Enforcement Officer's discretion, contact information
for the Town Director of Human Services for the purpose of encouraging
social work assistance to those in need; and
(6) A statement that the owner/occupier may contest his liability and
request a hearing before the Citation Hearing Officer by delivering,
in person or by mail, written notice of objection within 10 days of
the date of receipt of the citation.
C. Delivery of the citation shall be by the manner provided in §
182-8C.
[Amended 6-26-2018 by Ord. No. 1719-05]
A. An owner/occupier may request a hearing after receiving a citation.
Said owner/occupier must make his/her request for a hearing within
10 days of his/her receipt of the citation.
B. The Citation Hearing Officer is designated to conduct hearings in
accordance with C.G.S. § 7-152c when requested by an owner/occupier
who has been cited under this chapter.
C. If the owner/occupier who was issued a written citation pursuant to §
182-9 of this code wishes to admit liability and agree to perform all remediation work for any alleged violation(s), he/she may, without requesting a hearing, pay the full amount of the assessed civil penalties/fines, special assessments, costs or fees, in person or by mail, to the Town Manager. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any owner/occupier who does not deliver or mail written demand for a hearing within 10 days of the date of receipt of the citation shall be deemed to have admitted liability, and the Town Manager shall certify such person's failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and affirm the civil penalties/fines, special assessments, costs or fees provided for by the code and shall follow the procedures set forth in C.G.S. § 7-152c(f).
D. Any owner/occupier who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of notice, provided the Citation Hearing Officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance. An original or certified copy of the initial warning and subsequent citation issued by the Blighted Premises Enforcement Officer shall be filed and retained by the Town, and shall be deemed to be a business record within the scope of C.G.S. § 52-180 as evidence of the facts contained therein. The presence of the Blighted Premises Enforcement Officer shall be required at the hearing if such person so requests. A person wishing to contest his/her liability shall appear at the hearing and shall present evidence. A designated Town official, other than the Citation Hearing Officer, shall present evidence on behalf of the Town. If the owner/occupier who requested the hearing fails to appear, the Citation Hearing Officer may either dismiss the citation or enter a default against him/her upon a finding of proper notice and liability under this chapter. At the hearing, the Citation Hearing Officer shall accept relevant evidence that may include copies of police reports, investigatory and citation reports, and other documents. The Citation Hearing Officer shall conduct the hearing in the order and form and with such methods of proof as is fair, reasonable and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Citation Hearing Officer shall provide a decision at the end of the hearing. If the Citation Hearing Officer determines that the person is not liable under the citation, the Citation Hearing Officer shall dismiss the matter and enter his/her determination, in writing, accordingly. If the Citation Hearing Officer determines that the person is liable under the violation, the Citation Hearing Officer shall enter his/her determination, in writing, accordingly and include any assessment of civil penalties/fines, special assessments, costs or fees against such person as apply, and shall further provide a copy of his written decision to the Town Manager for his review under §
182-14B of this code.
The Town Manager shall appoint three residents to serve as Citation Hearing Officers pursuant to §
182-5 of the Newington Code of Ordinances. Said residents shall not be the Town Manager, a police officer or employee or person who issues citations, Zoning Enforcement Officer, or Blighted Premises Enforcement Officer or other code compliance authority. Said appointment shall be for a term of two years.
The Town Manager shall report, at least annually, to the Council
on the Blighted Premises List and the civil penalties/fines, special
assessments, liens or any other remedies imposed herein.
In the event that any part or portion of this code is declared
invalid for any reason, all the other provisions of this code shall
remain in full force and effect.