[HISTORY: Adopted City of Norwalk Common Council 7-24-1979. Amendments
noted where applicable.]
The provisions of this ordinance shall apply to such areas within
the City of Norwalk which the Common Council shall from time to time
designate by resolution as rehabilitation areas in accordance with
the provisions of Sections 12-65c through 12-65f of the General Statutes
of the State of Connecticut.
A.
To be eligible for the benfits provided by this ordinance, an owner
of property situated in a designated rehabilitation area must enter
into a written agreement with the City of Norwalk whereby the owner
of such property agrees to rehabilitate the property in accordance
with such provisions of the State Building and Health Codes and the
local Housing Code as may apply and, where a property is listed in
the National Register of Historic Places or is designated by the Norwalk
Redevelopment Agency and the Common Council as an historic property
for the purposes of a rehabilitation agreement under this program,
with guidelines set forth in The Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings (Section 36, Part 67 of the Code of Federal Regulations)
and, in any case, with such other guidelines as shall be established
by the Norwalk Redevelopment Agency for the review and approval of
proposed rehabilitation.
B.
In determining the eligibility for benefits provided by this ordinance
and in addition to the criteria set forth above, the Redevelopment
Agency shall consider:
(1)
The initial condition of the property which is the subject of the
applications. In considering the initial condition of the property,
the Redevelopment Agency shall consider the following factors:
(a)
Whether the property is substantially in violation of the Norwalk
Housing Code, the State Basic Building Code, the National Electric
Code, the National Plumbing Code, the State Fire Safety Code or the
Norwalk Zoning Ordinance.
(b)
Whether the property is in need of substantial repair or replacement
of exterior walls, windows, doors, stairs, steps and porches, roofs,
chimneys and/or gutters and leaders.
(c)
Whether the property is in need of substantial repair of floors,
ceilings, sanitary facilities and, in the case of residences, kitchens.
(d)
Whether the property is in need of substantial repair of or
replacement of electrical, plumbing, ventilating and/or heating systems.
(e)
Whether accessory structures on the property or site development,
including driveways, sidewalks, parking areas or site lighting, are
in need of substantial repair or replacement.
(f)
Whether in the case of nonresidential properties, the use of
such property is not the highest and best use or the most economic
use and the dedication of such property to a higher and better or
more economic use requires repair, renovation, modernization or improvement
to such property.
(2)
The extent and nature of improvements compatible with the plan of
development of the municipality and subdivision and zoning regulations,
if any, and in compliance with such State Building and Health Codes
and local Housing Code requirements as may apply.
(3)
All improvements that are made shall conform to the guidelines promulgated
by the United States Secretary of the Interior in elaboration of the
requirement in the Tax Reform Act of 1976 that certain projects qualify
as certified rehabilitation to obtain the benefits of that Act.
(4)
Acceptable uses for the property which is the subject of the application.
The property may be used for any use found by the Norwalk Redevelopment
Agency to be appropriate to the location of the property and the uses
in the immediate vicinity, except that there may be permitted no manufacturing
use or no other use which would be prohibited by any of the codes,
ordinances, regulations and plans specified in Section 12-65d of the
Connecticut General Statutes.
C.
The determination of such criteria shall be arrived at with the advice
of the local Building Official and Housing Code Enforcement Officer.
A.
Any owner of property situated within a designated rehabilitation
area who seeks to take advantage of the benefits available under this
ordinance shall submit his/her application to the Redevelopment Agency
of the City of Norwalk on forms to be supplied by said Agency. Such
application shall include plans and outline specifications sufficient
to describe the proposed rehabilitation relative to the guidelines
above referred to and the owner's estimate as to time for completion
of such rehabilitation.
B.
Review by Redevelopment Agency.
(1)
Said Redevelopment Agency shall review the application to make the
following determinations:
(2)
If the Redevelopment Agency determines that the application complies
with the above four requirements, then the Redevelopment Agency shall
certify to the Common Council of the City of Norwalk that such application
qualifies for the benefits available through this ordinance and shall
also establish a date for the completion of the rehabilitation work.
If the application fails to comply with any or all of the requirements
set forth above, the Redevelopment Agency shall forward the application
to the Common Council without certification setting forth the reasons
for such denial of certification.
C.
Upon receipt of an application from the Redevelopment Agency, the
Common Council may approve the application, reject the application
or return the application to the Redevelopment Agency for further
consideration; provided, however, that a 2/3 majority vote of the
Common Council shall be necessary to overrule the certification or
denial of certification of such application by the Redevelopment Agency.
D.
In the event of approval the Common Council shall pass a resolution
authorizing the Mayor of the City of Norwalk to enter into the rehabilitation
agreement with the owner of the property to be rehabilitated.
E.
Any person aggrieved by the action of the Common Council may appeal
said action in accordance with Section 12-65f of the General Statutes
of the State of Connecticut.
A.
The rehabilitation agreement to be signed by the property owner and
the Mayor on behalf of the city shall refer to and incorporate plans
and specifications on file with the Redevelopment Agency indicating
the rehabilitation work to be performed, shall fix the assessment
of the property during the rehabilitation period as of the date of
the agreement and shall specify the rehabilitation period which shall
begin with the issuance of a building permit and end with the issuance
of a certificate of occupancy, which in no event shall exceed the
period of two years.
B.
The rehabilitation agreement shall provide that, upon completion
of the rehabilitation in accordance with the terms of the agreement
and upon certification by the Building Inspector as hereinafter set
forth, the increase in the assessment of the property due to such
rehabilitation shall be deferred in accordance with the following
schedule:
C.
The rehabilitation agreement shall further provide that in the event
that a general revaluation of property is made by the City of Norwalk
in the year in which the rehabilitation is completed which results
in any increase in the assessment of the rehabilitated property, only
that portion of the increase attributable to such rehabilitation as
determined by the Tax Commissioner shall be deferred; and in the event
that such a general revaluation of property is made in any year after
the year in which the rehabilitation is completed, the deferred assessment
shall be increased or decreased in proportion to the increase or decrease
in the total assessment on such property as a result of such general
revaluation.
D.
The rehabilitation agreement shall provide that such rehabilitation shall be completed by the date fixed by the Redevelopment Agency, and in the event that on the date so fixed for completion the Building Inspector has denied certification that the rehabilitation has been performed in accordance with the criteria as set forth in § 78-2 and in accordance with the terms of the rehabilitation agreement, the agreement shall terminate and, further, the owner of the property shall be liable for any increase in taxes since the date of the agreement for which he would have been liable in the absence of such agreement. The agreement shall further provide that a property owner may apply to the Redevelopment Agency for an extension of time in which to complete the rehabilitation which, for good cause shown, the Redevelopment Agency may approve, but in no event shall such extension of time exceed the period of one year.
E.
The rehabilitation agreement shall further provide that the agreement
is contingent upon the following conditions:
(1)
That in addition to the certification requirements of Subsection D, the property shall be subject to inspection and certification by the Building Inspector as being in conformance with such provisions of the State Building and Health Codes and local Housing Code as may apply and by the Norwalk Redevelopment Agency, which shall certify that rehabilitation has been completed in accordance with the agreement.
(2)
That the deferral of assessment shall continue only as long as the
property remains in the state of rehabilitation as set forth in the
agreement.
(3)
That the deferral of assessment shall continue only as long as the
property continues to be used for the uses specified in the agreement.
(4)
That the deferral of assessment shall cease upon the sale or transfer
of the property unless the new owner of said property shall enter
into a new contract with the City of Norwalk incorporating the terms
of the agreement with the former owner.
A.
Any certification by the Building Inspector required to be made by
the provisions of this section shall be made to the Redevelopment
Agency, and, in the event that the Building Inspector denies such
certification, he shall notify said Agency of such denial.
B.
A copy of any agreement entered into under the provisions of this
ordinance shall be forwarded to the Tax Commissioner of the City of
Norwalk, who shall adjust his records accordingly.
C.
The Building Inspector shall forward a copy of his certification
that the rehabilitation has been performed in accordance with the
rehabilitation agreement to the Assessor. In the event that the Building
Inspector denies such certification, he shall send a copy of his denial
to the Assessor, who, after consulting with the Redevelopment Agency
to determine that an extension of time to complete the rehabilitation
has not been granted, shall readjust his tax records in accordance
with the provisions of this section.
D.
Any agreement entered into under the provisions of this section shall
be filed with the Town Clerk for recording in the Land Records of
the City of Norwalk.
E.
This ordinance shall expire 10 years after the date of its passage.
F.
The Redevelopment Agency is authorized to establish procedures and
technical specifications for the administration of this ordinance.
