[HISTORY: Adopted by the City of Norwalk Common Council 2-27-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 58A,
Blight Prevention, adopted 6-9-2015, effective 1-1-2016.
As used in this chapter, the following terms shall have the
meanings indicated:
The Chief Building Official of the City of Norwalk or his,
her or their designee. They shall investigate complaints of Blighted
Properties, issue warning letters and citations when appropriate,
and explain their findings and actions to the citation hearing officers
when necessary.
Any building or structure, or any part of a building or structure,
or a vacant parcel of land, in which at least one of the following
conditions exist:
It is determined by the City's Chief Building Official
that existing conditions pose a serious or immediate danger to the
community, i.e., a life-threatening condition or a condition that
puts at risk the health or safety of citizens of the City.
It is not being adequately maintained; without limitation, the
following factors may be considered in determining whether a structure
or building is not being adequately maintained: a) missing or boarded
windows or doors; b) collapsing or missing roof or exterior walls;
c) siding that is seriously damaged or missing; d) fire damage; e)
damaged, decaying, or deteriorating condition that could allow vermin
or other wildlife interior access; f) a foundation that is structurally
faulty; and g) garbage, trash or abandoned motor vehicles situated
on the property (unless the property is a junkyard legally licensed
by the State of Connecticut).
It has been cited for violations of state statutes and/or state
regulations, or City Charter or Code provisions.
It has become a place where criminal activity has taken place
as documented by reports of the Norwalk Police Department.
It is a fire hazard as determined by the Fire Marshal or as
documented by reports of the Norwalk Fire Department.
It is a factor creating a substantial and unreasonable risk
of interference with the reasonable and lawful use and enjoyment of
other space within the building or surrounding properties, as documented
by complaints or cancellation of insurance on surrounding properties.
It is a factor that is materially depreciating property values.
It contains unauthorized outside storage or accumulation of
junk, trash, rubbish, boxes, paper, plastic, or refuse of any kind
or the parking of inoperable motor vehicles, boats, motorcycles or
other inoperable machinery on the property or the public right of
way. For the purposes of this chapter "authorized" shall pertain to
local, state, or federal laws and/or regulations.
It has been vandalized, or otherwise damaged to the extent that
it is materially depreciating property values.
It contains a Property Maintenance Violation as defined in this
chapter.
In the case of an owner-occupied residence, an individual
who has a mental or physical disability as defined in the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.,
as amended, and does not have other household members capable of providing
the maintenance necessary to abate Blighted Properties.
An individual over the age of 65, who does not have a household
member capable of providing the maintenance necessary to abate Blighted
Properties.
An individual or a family unit that has an income below the
highest level of income established by the State of Connecticut's
Elderly Tax Relief Program. This level is in the upper limit of Step
5 as set forth in the CGS § 12-170aa(c), as amended. It
is immaterial that a person is or is not elderly for purposes of this
definition.
A planned, intentional, and maintained planting of primarily
native grasses, wildflowers, ferns, sedges, shrubs, or trees. A Managed
Natural Meadow Landscape shall not include Turf Grass that has reached
a height greater than nine inches. The provisions of this definition
are not intended to allow a property owner to avoid Property Maintenance
responsibilities as set forth herein.
With respect to lots or parcels, the violation of any the following
standards:
No shopping baskets, carts or wagons shall be left unattended
or standing, and the baskets, carts, or wagons shall be collected
as often as necessary and removed to an appropriate enclosure intended
for such purpose or to the interior of the building or buildings from
which they were taken.
All fences shall be maintained. Such maintenance shall include,
but not be limited to, painting as needed, removal or covering of
graffiti, and the replacement or repair of fences which may become
in disrepair.
Yards, courts, and vacant lots shall be kept clean and free
of physical hazards, rodent harborage, and infestation. The owner
of the property shall maintain the premises litter-free, and shall
remove discarded or inoperative appliances, furnishings, and machinery.
All signs exposed to the public view shall be maintained in
good repair. Excessively weathered or faded signs shall be removed
or put into good repair. A non-operative or broken electrical or other
sign shall be repaired or removed.
All places of business that serve food or drink to patrons (e.g.,
restaurants, cafes, bars, etc.) shall maintain receptacle(s) for the
disposal of cigarettes on their premises and shall empty the receptacle(s)
on a regular basis.
No dumpster or other refuse container usually used on a construction
site may be kept in a residential area unless for a construction or
improvement project (which may include the disposal of household items)
that is to commence within two weeks of the placing of a dumpster
on the premises, provided that such dumpster or other refuse container
may not be kept on the premises more than two weeks after the completion
of the project.
With respect to buildings and structures, the violation of any
of the following standards:
The exterior of a building or structure shall be maintained
so that it is not dilapidated, deteriorating, or decaying, nor open
to the elements. The following factors may be considered in determining
whether a building or structure is being maintained: a) missing or
boarded windows or doors; b) collapsing or missing roof or exterior
walls; c) exterior walls that contain holes, breaks, loose or rotting
materials or the presence of graffiti, or exterior walls that are
not properly surface-coated to prevent deterioration; d) siding that
is seriously damaged or missing; e) foundation walls that contain
open cracks or leaks or are structurally faulty; f) overhang extensions,
including but not limited to, canopies, signs, awnings, stairways,
fire escapes, standpipes, and exhaust ducts, that contain rust or
other decay; and g) chimneys and other appurtenances that are in a
state of disrepair.
The foundation walls of every building shall be maintained in
good repair and in a structurally sound condition.
Foundations, floors, and walls shall be in good painted or finished
condition.
Exterior walls (including doors and windows), roofs, and the
areas around doors, windows, chimneys and other parts of a building
shall be maintained as to keep water from entering the building and
to prevent undue heat loss from occupied areas. Materials that have
been damaged or show evidence of dry rot or other deterioration shall
be repaired or replaced and refinished in a workmanlike manner. Exterior
walls, roofs and other parts of the building shall be free from loose
and unsecured objects and material. Such objects and materials shall
be removed, repaired, or replaced.
Buildings and structures shall be maintained free of insect,
vermin, bird, rodent, and other wildlife harborage and infestation.
Buildings and structures shall be maintained in a clean and
sanitary condition free from health, safety, and fire hazards.
All storefronts, both occupied and nonoccupied, and their walls
exposed to public view shall be kept in a good state of repair and
free of graffiti.
Property Maintenance Violations shall also include:
Any conditions that unreasonably hinder the use of adjacent
properties, block or interference with the use of the public sidewalk
and/or public or private street or right-of-way, or obstruct the sighting
of any road sign, obstruct utility lines or other cables to or around
the premises, or extend or infringe beyond the boundaries of the premises;
and
Situations in which the overall condition of the premises causes
an unreasonable impact on the enjoyment of or value of surrounding
properties.
A grass commonly used in regularly cut lawns or play areas
(such as, but not limited to, bluegrass, fescue, and ryegrass blends),
maintained in accordance with this chapter.
No owner of real property within the City of Norwalk shall cause
or allow such property or any buildings thereon to become a Blighted
Property, nor shall an owner allow the continued existence of a Blighted
Property.
A.
A property owner may claim an exemption from the provisions of this
chapter on the grounds that an alleged Property Maintenance Violation
is a Managed Natural Meadow Landscape. The property owner's exemption
claim must be made in writing to the Blight Prevention Officer within
seven days of the date of the citation.
B.
After a timely exemption claim is made by the property owner, a Managed
Natural Meadow Landscape (hereafter, "Meadow") shall be exempt from
the provisions of this chapter if in the determination of the Blight
Prevention Officer, in their sole discretion, all the following conditions
are met:
(1)
The Meadow is a planned, intentional, and maintained planting of
primarily native grasses, wildflowers, ferns, sedges, shrubs, or trees;
(2)
The Meadow does not a) unreasonably hinder the use of adjacent properties;
b) block or interfere with the use of the public sidewalk and/or public
or private street or right-of-way; c) obstruct the sighting of any
road sign, obstruct utility lines or other cables to or around the
premises; d) block or interfere with the use of a fire hydrant or
other fixture used in fire suppression; or e) extend or infringe beyond
the boundaries of the premises; and
(3)
Upon request by the Blight Prevention Officer, the property owner
presents to the Blight Prevention Officer a completed Managed Natural
Meadow Landscape Plan, to the satisfaction of the Blight Prevention
Officer, on or before a date determined by the Blight Prevention Officer
in their sole discretion.
C.
As used herein, a Managed Natural Meadow Landscape Plan means a written
plan that includes 1) a statement of the intended purpose of the Managed
Natural Meadow Landscape; 2) a sketch of the site plan; 3) names of
the dominant plant species used in the Managed Natural Meadow Landscape;
and 4) a description of how the Managed Natural Meadow Landscape is
maintained. The form for the written plan shall be developed by the
Blight Prevention Officer and made available in the office of the
Blight Prevention Officer.
D.
The Blight Prevention Officer may revoke an exemption granted in
accordance with the provisions of this section at any time if, in
the Blight Prevention Officer's sole discretion, the Managed
Natural Meadow no longer meets one or more of the conditions set forth
herein.
A.
The Blight Prevention Officer shall issue a written warning notifying
the property owner of a violation of this chapter. Said warning shall
detail each violation and the corrective action necessary, and shall
provide a reasonable amount of time for the property owner to correct
the violation.
B.
If the property owner does not correct the violation within the time
period stated in the written warning, the Blight Prevention Officer
shall issue a citation to the property owner. Said citation shall
be issued not sooner than 15 days after the deadline to correct the
violation stated in the written warning. The citation shall assess
a fine of $150 per day for every day the violation continues if such
violation occurs at an occupied property; $250 per day for every day
the violation continues if such violation occurs at a vacant property;
and $1,000 per day for every day the violation continues if such violation
is the third or more such violation at such property during the prior
twelve-month period. Any unpaid fine pursuant to this chapter shall
constitute a lien upon the real estate against which the fine was
imposed in accordance with CGS § 7-148aa, as amended. Such
lien shall be continued, recorded, enforced and released in accordance
with CGS § 7-148aa, as amended.
C.
The Mayor shall appoint one or more citation hearing officers other
than police officers, City employees, or the Blight Prevention Officer,
to conduct citation appeal hearings. The citation hearing officer
shall be a member, in good standing, of the Connecticut Bar Association.
Issuance and service of citations, payment of fines, hearings and
appeals to the Connecticut Superior Court shall be governed by Section
7-152c of the Connecticut General Statutes, as amended.
D.
Fines collected pursuant to this section shall be deposited into
a separate fund to be used for expenses related to the enforcement
and abatement of blight within the City of Norwalk.
When a property owner is issued a citation pursuant to this
chapter, and does not correct the violation within 30 days of the
service of the citation, the City of Norwalk may correct the conditions
that caused the violation. Upon issuance of the third violation, and
for each additional violation at such property during the prior twelve-month
period, the City may correct the conditions that caused the violation
immediately. The costs incurred by the City to correct the conditions
that caused the violation shall constitute a lien against the real
property in addition to any fines assessed pursuant to this chapter.
Special consideration may be given to property owners who are
Elderly Individuals, Disabled Individuals, or Low-Income Individuals
when the Blighted Property is an owner-occupied residential dwelling.
In such cases, the Blight Prevention Officer shall give such individuals
adequate time to correct the conditions that caused the violation
not to exceed 90 days. The Blight Prevention Officer shall provide
information on possible opportunities for assistance with each such
warning letter and citation.
Nothing in this chapter shall be deemed to prohibit or limit
in any manner any enforcement action with respect to any zoning, building,
public health, fire, inland wetlands, or other statutes, code, regulation
or laws relating to the use of real property.
