[HISTORY: Adopted by the Town of Newton Legislative Council 8-7-2013.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter provided an effective date
of 9-7-2013.
The purpose of this chapter, adopted pursuant to C.G.S. § 7-148(c),
is to define and provide for the abatement of blight and nuisances
and protect, preserve and promote public health, safety and welfare,
property values and quality of life in the Town of Newtown.
This chapter shall apply to the maintenance of all business,
industrial and residentially zoned properties and their premises now
in existence or hereafter constructed, maintained, or modified, but
this chapter shall not apply to: agricultural lands as defined in
C.G.S. § 22-3(b); land dedicated as public or semipublic
open space or preserved in its natural state through conservation
easements; areas designated as inland wetlands and watercourses; or
any premises owned by the Town of Newtown.
The following definitions apply in the interpretation and enforcement
of this chapter:
Any one of the following Subsections A through C unless excluded
by Subsection D:
Any premises in or upon which at least one of the following
circumstances exist:
Any premises not being adequately maintained, as evidenced by
the existence of one or more following conditions:
Contains any building or structure that is open to the elements,
has collapsed or is missing walls, roofs, windows, doors;
Contains any building or structure that is unable to provide
shelter, or serve the purpose for which it was constructed due to
significant damage, dilapidation, decay, or severe animal, rodent,
vermin or insect infestation; or
The premises is in the public view and, as determined by the
Anti-Blight Enforcement Officer, is neglected or abandoned.
Any premises that is, or contains material or equipment which
is, incapable of performing the function for which it is designed,
including, but not limited to:
Discarded or unused materials or equipment such as unregistered
motor vehicles, boats, sporting and recreation vehicles which may
be missing parts, not complete in appearance or in an obvious state
of disrepair or decay;
Parts of the aforementioned motor vehicles, boats, sporting
and recreation vehicles and items to include, but not be limited to,
household or commercial furniture, appliances, drums, cans, boxes,
scrap metal, tires, batteries, containers and garbage in the public
view.
Exclusions:
Notwithstanding the foregoing, the following shall not constitute
blight within the definition of this chapter: such temporary conditions
not to exceed six months in duration, as may be reasonably related
to repair or restoration of building(s) and/or motor vehicles, boats
or recreational vehicles registered to the subject premises'
owner(s) or tenants(s), as determined by the Anti-Blight Enforcement
Officer, provided that there are no delinquent taxes or other amounts
owed to the Town of Newtown or any agency or department of the Town
of Newtown.
A person that can be reasonably expected to perform maintenance
and yard work around a property or premises. This shall include any
individual above 18 years of age who is not a disabled individual.
Citation hearing officer as defined in Code of the Town of Newtown, § 132-9, Citation hearing officer.
Significant partial ruin, decay or disrepair of property
such that it would not qualify for a certificate of use and occupancy,
or which is deemed unsafe or which is designated by health, zoning
enforcement, fire or building inspectors or officers as unfit for
use or habitation.
In the case of an owner-occupied residence, an individual
who has a disability meeting the definitions for the mental or physical
disability as defined under the Americans with Disabilities Act of
1990,[1] and does not have a household member who meets the definition
of a capable individual.
An individual over the age of 65, who does not have a household
member who meets the definition of a capable individual.
Those listed in the Newtown Historical Inventory (the "Inventory"),
as compiled and maintained by the Town Historian and the Land Use
Director, published on March 25, 2009, as the same may be amended.
The presence of insects, rodents, vermin or other pests on
the premises, which constitute a health hazard.
In the case of an owner-occupied residence, an individual,
or where more than one person resides in the premises, a family unit,
that has an income below the highest level of qualifying income established
by C.G.S. § 12-170d(a)(3).
An area of the Town of Newtown comprising premises or parcels
of land, any part of which is contiguous with any other parcel within
the Town of Newtown.
Shall be taken to include:
Any public nuisance, as defined by statute or ordinance;
Any attractive nuisance, defined as the presence of any condition
on any premises that is detrimental to the health or safety of individuals
coming into contact with the subject premises. This shall include,
but is not limited to, the presence of abandoned wells, shafts, basements,
excavations, secured and unsecured equipment, appliances, vehicles,
lumber, garbage, waste and structurally unsound fences or other structures,
as determined by the Anti-Blight Enforcement Officer.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near any premises where the conditions
exist, as determined the Anti-Blight Enforcement Officer.
That which renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards and any condition or situation, process, material
or blocked/obstructed egress that may cause a fire, an explosion or
provide a ready fuel supply to augment the spread or intensity of
a fire or explosion, thereby posing or intensifying a threat to life
or property, as determined by the Anti-Blight Enforcement Officer.
Illegal activity, as determined by the Anti-Blight Enforcement
Officer.
Any person, institution, foundation, entity or authority
which owns, leases, rents, possesses, controls, is responsible for
or occupies any property or premises within the Town of Newtown.
Any individual, corporation, partnership, limited-liability
company, trust, estate, association, joint venture, or any other legal
or commercial entity.
Shall be deemed to include any property, buildings, dwellings,
parcels of land, unoccupied lots or structures within the Town of
Newtown.
Visible from any public right-of-way or Neighborhood.
Any building, walls, dwelling, fence, swimming pool, or similarly
constructed object, located above or below ground on any premises,
or structures as defined in the Newtown Zoning Regulations, Connecticut
Building Codes or Connecticut Fire Safety Codes.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
No person shall cause any blight to be created or maintained
within the Town of Newtown. Any such person, including the agents
thereof, shall be jointly and severally obligated to comply with the
provisions of this chapter and subject to the penalties for violation
hereof.
A.
Special consideration may be given to disabled individuals, elderly
individuals, and low-income individuals as part of the Town of Newtown's
effort to correct any blight in the Town of Newtown.
B.
If an individual cannot maintain a reasonable level of upkeep of
his or her owner-occupied residence because the individual is a disabled
individual, elderly individual or low-income individual and no capable
person can be identified to provide such upkeep, the Town of Newtown
may provide the disabled individual, elderly individual or low-income
individual with a reasonable amount of time to correct the problem,
the duration of which shall be at the discretion of the Anti-Blight
Enforcement Officer.
C.
Additionally, assistance in finding reasonable solutions to the blight
may be offered by the Town of Newtown, should circumstances indicate
such special consideration is necessary and will remediate the blight.
D.
Historic structures shall not be exempted from this chapter, but,
by their virtue of being a historic structure, may be considered for
a ninety-day demolition hold and/or subject to an archeological survey
if determined to be historically significant by the Anti-Blight Enforcement
Officer and the Town Historian.
E.
Historic structures determined to be a nuisance or blight by definition of this chapter and deemed irreparable or, by declaration of the Anti-Blight Enforcement Officer, as advised by the Town Historian, to have lost their historical value, shall not qualify for the special consideration described in Subsection D.
A.
Any individual, civic organization or agency or department of the
Town of Newtown may file a complaint of a violation of this chapter
with the Anti-Blight Enforcement Officer.
B.
If the Anti-Blight Enforcement Officer has reason to believe that
any person or persons has violated the provisions of this chapter,
the Anti-Blight Enforcement Officer shall serve a notice of such violation
on the owner/occupants of the subject property (the "warning notice").
C.
The Warning Notice shall include the following:
(1)
A description of the subject property sufficient for identification;
(2)
A description of the violation alleged to exist and requested remedial
action as determined by the Anti-Blight Enforcement Officer;
(3)
An order requiring the remedial action to be taken within a period
of not more than 60 days of the notice, unless otherwise cited in
the warning notice or decided by the Anti-Blight Enforcement Officer;
(4)
A statement that the amount of fines, penalties, costs and fees to
be imposed for noncompliance shall apply for each infraction per day
after the deadline in the warning notice in the amount of $100, and
that the owner/occupants will be responsible for administration costs,
including but not limited to attorney's fees, as permitted by
law.
D.
A copy of the warning notice shall be recorded in the land records
of the Town of Newtown, and any subsequent purchaser of the property
shall be subject to such warning notice.
E.
The warning notice shall be sufficient if delivered personally upon
the owner/occupants, sent by both regular and certified mail return,
receipt requested, to the last known address of the owner/occupants,
or posted in a conspicuous place in or about the property affected
by the warning notice.
A.
At any time within 12 months from the expiration of the final period
for the uncontested payment of fines, penalties, costs or fees pursuant
to the written notice, if the remedial actions specified in the warning
notice are not taken, the Anti-Blight Enforcement Officer shall issue
a written citation to the owner/occupants of the subject property
("citation").
B.
The citation shall be in writing and include:
(1)
A description of the property, as sufficient for identification,
specifying the violation alleged to exist and the remediation required;
(2)
Detailed information regarding the contents of the warning notice
(which may be a copy of such warning notice) and the failure of the
owner/occupants to take the remedial actions specified therein within
the time prescribed in the notice and order;
(3)
The amount of the fines, penalties, costs, or fees due for noncompliance;
and
(4)
A statement that the owner/occupant may contest his or her liability
and request a hearing before a citation hearing officer by delivering,
in person or by mail, written notice to the Anti-Blight Enforcement
Officer within 10 days of the date of the Citation; and
(5)
A statement that if the owner/occupant does not demand such a hearing,
an assessment and judgment shall be entered against him and that such
judgment may issue without further notice.
If a person who is issued a citation does not make an uncontested payment of the fines, penalties, costs, or fees due for noncompliance as specified by the citation to the Town, he/she shall adhere to the procedure in the Code of the Town of Newtown, § 132-10, Appeals procedure, Subsections B through E.
A.
If any person has been served with a warning notice pursuant to this
section, and has failed to correct such deficiencies within the time
period prescribed by the notice as determined upon subsequent inspection
by the Anti-Blight Enforcement Officer, fines in the amount of $100
per day shall accrue beginning on the day after the expiration of
the time period prescribed by such notice.
B.
In accordance with the provisions of C.G.S. § 7-148aa,
any unpaid fines imposed by this chapter and costs of remediation
shall constitute a lien upon the real estate 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 the 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.
C.
In addition to all other remedies and any fines imposed herein, the
provisions of this code may be enforced by injunctive proceedings
in Superior Court. The Town of Newtown may recover from any owner/occupant
or other responsible person any and all costs and fees, including
reasonable attorneys' fees expended by the Town of Newtown in
enforcing the provisions of this chapter.
A.
To better achieve the rehabilitation of blight, the Town Assessor
is authorized to freeze the assessment of any premises that was the
object of enforcement action under this chapter and, subsequently,
has been rehabilitated.
B.
Upon recommendation by the Anti-Blight Enforcement Officer and approval
by the Legislative Council, the Town of Newtown shall freeze the assessment
of any premises that has been substantially rehabilitated to reflect
the value of the structure prior to rehabilitation and shall be applicable
for a period of five years.
C.
No property owner shall receive this benefit if it is determined
the property owner caused the condition that contributed to such enforcement.
D.
If the premises again becomes the object of enforcement action pursuant
to this chapter during the five-year period, the adjusted assessment
may be revoked at the discretion of the Anti-Blight Enforcement Officer
or the Town Assessor.
In the event that any part or portion of this chapter is declared
invalid for any reason, all the other provisions of this chapter shall
remain in full force and effect.
A.
Where terms are specifically defined or the meaning of such terms
is clearly indicated by their context, that meaning is to be used
in the interpretation of this chapter.
B.
Where terms are not specifically defined in this chapter but are
defined by Town Charter, such terms shall have the same meaning for
the interpretation and enforcement of this chapter.
C.
Where terms are not specifically defined in this chapter, they shall
have their ordinarily accepted meaning or such meaning as the context
may imply.
D.
The provisions of this chapter shall not be construed to prevent
enforcement of other Town codes, ordinances or regulations.
E.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance,
regulation or other provision of the Charter, Town Code, or State
of Connecticut law, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
of the Town of Newtown shall prevail.
