It is hereby found and declared that there may exist within
the Town of North Haven certain real properties which are in a blighted
condition and whose continued existence in such condition adversely
affects the economic well-being of the Town of North Haven, contributes
to the decline of neighborhoods, and jeopardizes the health, safety,
welfare, and/or quality of life of persons within the Town of North
Haven. It is further found that many of the properties which exist
in a blighted condition can be rehabilitated and that rehabilitation
would eliminate, remedy, and prevent the adverse effects previously
described. This chapter is enacted pursuant to § 7-148(c)(7)(H)(xv)
of the Municipal Powers Act of the State of Connecticut General Statutes
and seeks to encourage rehabilitation of blighted premises.
When used in this chapter, the terms below shall have the following
meanings:
BLIGHTED PREMISES
Real property, including any building or structure located
thereon, which is and continues to be in a state of disrepair or is
becoming dilapidated as defined below.
BLIGHT PREVENTION OFFICER
The Town of North Haven official to serve as the Blight Prevention
Officer shall be the Building Official or a member of his/her department
so designated.
BUILDING or STRUCTURE
An edifice of any kind or any piece of work artificially
built or composed of parts joined together in some form which is built
or constructed on any real property. The words "building" or "structure"
shall be construed as if followed by the words "or part(s) thereof."
Accessory buildings or structures, canopies, awnings, marquees, and
each and every type of portable equipment shall be considered "building"
or "structures" within the meaning of this definition.
STATE OF DISREPAIR or BECOMING DILAPIDATED
In a physically deteriorating condition which, if left unabated,
would cause an unsightly, unsafe, or unsanitary condition or a nuisance
to the general public which may be evidenced by one or more of the
following conditions:
A.
Multiple missing, broken or boarded up windows and/or doors;
B.
Damaged or missing siding;
C.
Infestation by rodents or other pests;
D.
Excessive amounts of garbage or trash on the property;
E.
Not more than one inoperative or unregistered motor vehicles
or visibly inoperative boats parked, kept, or stored on the property
unless garaged in a permanent structure on the property;
F.
Commercial parking lots left in a state of disrepair or abandonment;
G.
Overgrown brush, overgrown grass, and/or weeds of at least one
foot in height, excluding ornamental grass as part of a landscaped
property;
I.
Any other evidence that reasonably demonstrates that a property
would cause an unsightly, unsafe, or unsanitary condition or a nuisance
to the general public.
No owner of real property located in the Town of North Haven
shall allow, create, maintain, or cause to be created or maintained,
a blighted premises.
A violation(s) of the provisions of this chapter shall be punishable
by a fine of $100 per day for each day a violation continues to exist.
The date the citation was issued by the Blight Prevention Appeals
Board shall be the commencement date for said fine.
A property owner against whom a citation or assessment has been
entered under this chapter may appeal the decision of the Blight Prevention
Appeals Board as provided in Connecticut General Statutes.
The failure to pay the citation or assessment of any fine(s)
by the Blight Prevention Appeals Board may result in the entry of
judgment by the Superior Court as provided by Connecticut General
Statutes § 7-152c(f).
Pursuant to Connecticut General Statutes § 7-148aa,
any unpaid fine imposed pursuant to the provisions of this chapter
shall constitute a lien upon the real property against which the fine
was imposed from the date of such fine. Each such lien may be continued,
recorded, and released in the manner provided by Connecticut General
Statutes for continuing, recording, and releasing property tax liens.
Each such lien shall take precedence over all other liens filed after
July 1, 1997, and encumbrances except taxes and may be enforced in
the same manner as property tax liens.
If a provision of this chapter is found to be in conflict with
a provision of any building, fire, zoning, safety, or health ordinance,
regulation, or other law of the Town or State of Connecticut and such
provision of this chapter establishes a higher standard for the promotion
and protection of the health, safety, welfare, and/or quality of life
of North Haven residents, the provision of this chapter shall be enforceable
pursuant to the procedures established herein. In addition, this chapter
is not intended to affect violations of any other ordinances, regulations,
or codes, and such violations shall continue to be subject to enforcement
under the provisions of said ordinances, regulations, or codes in
effect at the time the violation occurred as well as enforcement of
this chapter as appropriate.
Nothing in any portion of this chapter shall in any manner be
construed as authorizing or legalizing the creation or maintenance
of a nuisance. Furthermore, if a property owner(s) remedies blighted
premises in response to a notice of violation or citation issued under
this chapter, any such remedy shall not bar a claim by any person.
A violation of any portion of this chapter shall not be deemed to
create a nuisance per se.
If any provision of this chapter or the application thereof
to any person or circumstances is held to be invalid, such invalidity
shall not affect other provisions or applications of any other part
of this chapter which can be given effect without the invalid provisions
or application; and to this end, the provisions of this chapter and
the various applications thereof are declared to be severable.