[HISTORY: Adopted by the Town of North Haven 9-27-2011 Special Town
Meeting; amended in its entirety 5-14-2012 Annual Town Meeting. Subsequent amendments
noted where applicable.]
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:
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.
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.
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.
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:
Multiple missing, broken or boarded up windows and/or doors;
Damaged or missing siding;
Infestation by rodents or other pests;
Excessive amounts of garbage or trash on the property;
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;
Commercial parking lots left in a state of disrepair or abandonment;
Overgrown brush, overgrown grass, and/or weeds of at least one
foot in height, excluding ornamental grass as part of a landscaped
property;
Graffiti;
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.
Upon the observation of the Blight Prevention Officer and/or upon
receiving a written complaint of a possible violation of this chapter
signed by the complainant in his/her legal name, the Blight Prevention
Officer shall initiate an investigation.
B.
If after completing an investigation, the Blight Prevention Officer
determines that a violation of this chapter exists on certain real
property, he/she shall issue a notice of violation by leaving a copy
of such notice of violation with the owner(s) of the real property
on which the violation exists or by affixing the notice of violation
to the blighted premises. The Blight Prevention Officer shall also
send a copy of the notice of violation by certified mail, return receipt
requested, to the last known address of the owner(s).
C.
The notice of violation shall inform the owner(s) of the real property
on which the violation exists of the following:
(1)
The address of the real property on which the violation exists;
(2)
The allegations against the property owner(s), including the conditions
existing on the real property which evidence the violation;
(3)
The amount of fines, penalties, costs, or fees due or that may be due pursuant to § 84-5 herein;
(4)
That the property owner(s) must remedy the violation(s) of this chapter
within 30 calendar days of the notice of violation or such longer
period as permitted by the Blight Prevention Officer in his/her discretion;
(5)
That the property owner(s) may contest liability before the Blight
Prevention Appeals Board by delivering in person or by mail written
notice of such request to the Blight Prevention Officer within 10
calendar days of the notice of violation;
(6)
That, if the property owner(s) does not demand such a hearing or
remedy the violation(s), an assessment and judgment shall be entered
against the property owner(s);
(7)
That the judgment may issue without further notice.
D.
As permitted by the hearing procedure for citations set forth in
Connecticut General Statutes § 7-152c, which the Town of
North Haven specifically adopts herein, the First Selectman shall
appoint, with the approval of the Board of Selectmen, six residents
of the Town of North Haven to serve on the Blight Prevention Appeals
Board, with five residents to serve as regular members and one resident
to serve as an alternate member of the Board. No appointed member
shall be a police officer, employee of the Town of North Haven, or
a person who issues citations. All members of the Blight Prevention
Appeals Board shall be appointed for terms not to exceed two years
and shall take office on the first business day in January following
a general Town election. The powers, duties, and responsibilities
of the Blight Prevention Appeals Board shall be those set forth for
citation hearing officers in Connecticut General Statutes § 7-152c
and this chapter.
E.
If 1) no hearing has been requested within 10 calendar days of the notice of violation and 2) the violation has not been remedied within 30 calendar days of the notice of violation or such longer period as permitted by the Blight Prevention Officer, the property owner(s)' of the real property on which the violation exists shall be deemed to have admitted liability and the Blight Prevention Officer shall certify such property owner(s) failure to respond to the notice of violation to the Blight Prevention Appeals Board. The Board shall thereupon issue a citation by delivering same to the property owner(s) in the same manner prescribed above for the initial notice of violation and assess the fines, penalties, costs, or fees provided for in § 84-5 of this chapter unless, pursuant to its discretion afforded below, it determines that certain circumstances exist which warrant a delay in citation or assessment. The date of the citation shall commence the daily fine established in § 84-5.
F.
If the property owner(s) who has/have been issued a notice of violation
request(s) a hearing within 10 calendar days of the notice of violation
in the manner required above, a hearing will be scheduled and conducted
before the Blight Prevention Appeals Board in accordance with the
requirements contained Connecticut General Statutes § 7-152c(e).
As noted therein, the Blight Prevention Appeals Board shall announce
its decision at the end of the hearing. If the Board determines that
the property owner(s) is/are not liable, the Board shall dismiss the
matter and enter its determination in writing. If the Board determines
that the property owner(s) is/are liable for the violation, it shall
forthwith enter and assess the fines, penalties, costs, or fees against
such person as provided in this chapter unless, pursuant to its discretion
afforded below, it determines that certain circumstances exist which
warrant a delay in citation or assessment.
G.
Prior to issuing a citation or assessing fines under this chapter,
the Blight Prevention Appeals Board may give special consideration
to property owner(s) who are disabled, elderly, or low income who
cannot maintain a reasonable level of upkeep of the real property
at which they reside. In such circumstances, the Board may allow the
property owner(s) a reasonable amount of time to remedy the violation,
the duration of which shall be in the discretion of the Board but
shall not exceed six months from the hearing date or from the date
of the notice of violation where a hearing is not requested. In order
to exercise its discretion, the Board shall require either testimony
or a written affidavit from each affected property owner (if they
are truly unable to appear in person before the Board for a hearing)
attesting that no person resides at the real property who can perform
the necessary maintenance, yard work, etc., to remedy the violation
and the property owner is unable to afford to hire the services of
a third-party contractor to perform the remedial services.
(1)
A property owner shall be considered disabled if he/she has a mental
or physical disability as defined under the American with Disabilities
Act of 1990 (ADA) including the changes made by the ADA Amendments
Act of 2008.
(2)
A property owner shall be considered elderly if he/she is over the
age of 65 years old.
(3)
A property owner shall be considered low income if his/her household
gross annual income for the previous calendar year was equal to or
less than 150% of the poverty level, according to the poverty guidelines
updated periodically in the Federal Register by the United States
Department of Health and Human Services under the authority of 42
U.S.C. § 9902(2).
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.
