[HISTORY: Adopted by the Board of Selectmen of the Town of
Bethel 2-15-2013. Amendments noted where applicable.]
This ordinance, hereinafter referred to as "chapter," is enacted
pursuant to the Municipal Powers Act, § 7-148(c)(7)(H)(xv)
and § 7-148aa of the State of Connecticut General Statutes.
It is hereby found and declared that there may exist within the Town
of Bethel a number of residential/housing real properties in a blighted
condition, and that the continued existence of such properties contributes
to the decline of neighborhoods and constitutes nuisances and health
hazards. It is further found that the existence of such properties
adversely affects the economic well being of the Town and is inimical
to the health, safety, and welfare of its residents. It is further
found that many of the properties can be rehabilitated, reconstructed,
demolished and/or reused so as to provide decent, safe and sanitary
housing, and that such rehabilitation, reconstruction, demolition
and/or reuse would eliminate, remedy and prevent the adverse conditions
described above.
No owner of real property located in the Town of Bethel shall
allow, create, maintain, or cause to be created or maintained any
blighted residential premises. This chapter shall not apply to real
property dedicated to public open space and preserved in its natural
state through conservation easements and/or restrictive covenants;
or areas designated as inland wetlands and watercourses as defined
by the ordinances/Code of the Town of Bethel and state statutes.
For the purpose of this chapter, the following words, terms
and phrases shall have the following meanings, unless the context
clearly indicates otherwise:
A passenger car or truck that is at least 25 years old.
Any residential and/or housing structures and outbuildings
or parcels of land in a residential neighborhood in which at least
one of the following conditions exist:
It is attracting illegal activity as documented by the Police
Department.
In the opinion of and documented by the Fire Marshal or by the
local fire department, it is a fire hazard.
It is determined by the anti-blight officer, building inspector,
Zoning Enforcement Officer, Fire Marshal, fire departments, Police
Department, health officer or other official or department of the
Town of Bethel that the structure or parcel of land is in a condition
which poses a serious threat to the safety, health and general welfare
of the community and/or the inhabitant(s) of the structure(s) or seriously
affects the economic well being of the Town and/or property values
of the neighborhood. In connection with the above, the following represent
such serious threats or affects of the economic well being and/or
values but are not all inclusive:
Structures including outbuildings, garages and porches that
are dilapidated; have collapsing and/or missing walls and/or roofs;
and/or structurally faulty or collapsing foundations.
Garbage and trash that is not contained and covered.
Landscaping including but not limited to trees, brush, shrubs,
hedges, all grass, and plants, which physically hinder or interfere
with the lawful use of abutting premises or block or interfere with
the use of any public sidewalk, public street, public right of way,
public road sign and/or private street or private right-of-way.
[Amended 12-6-2016]
One or more abandoned or unregistered motor vehicles situated on the premises (unless the premises is a junkyard legally licensed by the State of Connecticut.) See § 64-9, Exceptions.
One or more pieces of nonoperational mechanical equipment stored on the premises. See § 64-9, Exceptions.
Premises containing accumulated debris.
Other such applicable conditions:
[Amended 12-6-2016]
Overgrown brush including weeds and grass (excluding ornamental
grass) which exceeds 12 inches in height or greater for a period of
30 days or longer.
Landscaping including but not limited to trees, shrubs, hedges,
all grass, and plants, which physically hinder or interfere with the
lawful use of abutting premises or block or interfere with the use
of any public sidewalk, public street, public right-of-way, public
road sign and/or private street or private right-of-way.
A household member of an owner-occupied residence that can
be reasonably expected to perform maintenance and yard work around
the property or premises. This shall include children above 16 years
of age, without a physical or mental disability as defined herein.
Material which is incapable of immediately performing the
function for which it was designed, including, but not limited to,
abandoned, discarded, or unused objects; junk comprised of equipment
such as one or more motor vehicles, automobiles, lawn mowers, one
or more boats, and one or more recreation vehicles which are unregistered
and missing parts, not complete in appearance and in an obvious state
of disrepair; parts of automobiles, unused indoor furniture, appliances,
cans, boxes, scrap metal, tires, batteries, containers, and garbage
which are in the ordinary public view.
Any building or structure or swimming pool, or any part thereof,
that would not qualify for a certificate of compliance/occupancy,
or which is deemed an unsafe structure, and any dwelling or unit which
is designated as unfit for habitation as defined in the State Basic
Building Code and the ordinances/Code of the Town of Bethel.
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, and does not have any other household member as a capable individual
to provide the necessary maintenance.
An individual over the age of 65 of an owner-occupied residence,
who does not have any other household member as a capable individual
to provide the necessary maintenance.
Human habitation which is legal by virtue of compliance with
state building, state fire safety, state health, local zoning, local
housing, local health, local fire safety and all other pertinent codes,
and which shall further be demonstrated by the proof of occupancy
evidenced through a bona fide lease agreement, rent receipt or utility
statement.
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 at the time of the December 31 prior to the violation,
below the highest level/income established by the State of Connecticut's
Elderly Tax Relief Program. This level is the upper limit of Step
5 as set forth in the Connecticut General Statutes § 12-170aa
as supplemented and established by the State of Connecticut's
Office of Policy and Management and filed in the office of the Bethel
Assessor and effective at the time of the violation. Reference to
C.G.S. § 12-170aa is for income purposes only for this chapter;
it is immaterial that a person is not elderly or disabled as set forth
in C.G.S. § 12-170aa.
Any apparatus designed to be operated by an internal combustion
engine, electric and/or pneumatic equipment or designed to be towed
by any apparatus propelled by an internal combustion engine, electric
and/or pneumatic equipment.
A vehicle that is required to be registered and/or inspected
by the State of Connecticut's Department of Motor Vehicles in
order to be allowed to be driven or occupy the public roads in the
State of Connecticut.
A person who:
Owns one or more antique or special interest motor vehicle;
and
Acquires, collects, or disposes of an antique or special interest
motor vehicles or motor vehicle parts for personal use to restore
and preserve an antique or special interest motor vehicle of any age
and which, because of its historic interest, is being preserved by
a hobbyist.
An area of the Town comprising premises or parcels of land
any part of which is within a contiguous radius of 1,500 feet of any
other parcel within the Town.
The view from private or public property or from the street
or public right-of-way or private right-of-way, from average grade
surrounding the property.
Any building, dwelling, garage, swimming pool, or similarly
constructed object.
The anti-blight officer charged with the enforcement of this
chapter shall be the Zoning Enforcement Officer of the Town of Bethel
or his designee with assistance requested from including but not limited
to the Town's building official, the health director, the public
works director, the inland wetlands officer, the police, the fire
marshal, the fire departments or other official or department of the
Town of Bethel.
All complaints must be submitted on the blight complaint form
to the Zoning Office at the Hurgin Municipal Center. The blight complaint
form is located on the Town of Bethel website and can also be obtained
at the Zoning Office at the Hurgin Municipal Center. Only the violations
cited on the complaint form as submitted will be investigated.
Special consideration shall be given to residential owner-occupied
individuals that are elderly or disabled in the Town's effort
to correct blighted conditions. If an individual cannot maintain a
reasonable level of upkeep of the owner-occupied residence because
the individual is elderly or disabled and no capable person resides
in the residence, the anti-blight officer shall give the person adequate
time to correct the problem. Except, as noted below, where the residential
owner-occupied resident is a low-income individual and owns and occupies
a residence that is designated as blighted, the anti-blight officer
shall give special consideration to the person by providing adequate
time to correct the problem
A.
Warning and notice.
(1)
Step One.
(a)
The anti-blight officer assigned to the complaint will make
every effort to contact the property owner alleged to be in violation
of this chapter in person or by phone. The anti-blight officer shall
explain the alleged violation and request it be corrected. The anti-blight
officer will give a verbal warning at that time for corrective action
citing the violation and a reasonable time limit to have it corrected
and shall follow up within three business days with a written notice
of the alleged violation to the owner and the occupant, if the owner
and occupant are not one and the same, along with a reasonable time
limit to correct the violation. The written notice shall be by first-class
mail and certified mail, return receipt.
(b)
If no contact by phone or person has been made by the anti-blight
officer with the owner within a reasonable time, not to exceed 14
days, the anti-blight officer shall issue a written notice of the
alleged violation to the owner and the occupant, if the owner and
occupant are not one and the same, along with a reasonable time limit
to correct the violation, by first-class mail and certified mail,
return receipt.
(c)
If the anti-blight officer contacts the property owner as set forth in Subsection A(1)(a) and/or (b) as set forth above and the property owner fails to comply within the time limit to correct the violation, the anti-blight officer shall issue a notice of violation as set forth in Subsection B hereinafter containing the information as set forth in Subsection A(2), Step Two.
(d)
Any new owner, upon request, will be granted a forty-five-day extension of time to remediate those conditions as set forth in Subsection A(1)(a) and/or (b) as set forth above by the anti-blight officer, provided, the "new owner" took ownership of the property within 30 days of the written notice issued by the anti-blight officer.
(e)
If no blight is found, the blight report will be closed.
(f)
A blight complaint filed for the same issue(s) at the same location
will not be accepted for six months after the last complaint had been
filed.
(2)
Step Two. A notice of violation shall contain the following information:
(a)
A description of the affected property along with the Town assessor's
map, block and lot number.
(b)
The exact nature of the violation.
(d)
The time allowed for corrective action (not to exceed 60 days
unless additional time is approved by the anti-blight officer or hearing
officer or committee).
(e)
The penalty for continued violation of this chapter.
(f)
The procedure to appeal this violation.
(g)
The name and Town telephone number of the anti-blight officer
finding such violation.
B.
Violation. The anti-blight officer shall provide the real property owner with notice of a violation under this article by leaving a copy of such violation notice as hereinbefore set forth in Subsection A(2), Step Two with the real property owner or affixed to the entryway of the affected building/premises. He shall also send a copy of the notice by certified mail, return receipt requested and first-class mail to the address of the real property owner as set forth in the Town's most recent assessment records. If the real property owner should fail to respond within 20 days of the date of the notice, it shall be deemed that the real property owner was duly notified.
C.
Civil penalties and/or fines. The penalty for continuous violation
of this chapter shall be not less than $10 up to and not greater than
$100 on a per diem basis beyond the time allocated by the anti-blight
officer to correct the violation. All civil penalties and/or fines
will be consistent with the violation. The violator shall also be
responsible for all costs associated with enforcement of the violation
and the collection of any civil penalties/fines, which shall include,
but not be limited to, attorney fees, court costs, mailing costs,
and filing fees.
D.
Appeals procedure. The property owner may appeal the action of the anti-blight officer within 20 days of his receipt of the notice in accordance with § 64-7A of this chapter. The appeal shall be made in compliance with the Town ordinance known as the Citation Hearing Procedure[2] which establishes a hearing procedure. Any subsequent
fine or civil penalty imposed by this chapter may be appealed in the
manner provided by said appeal ordinance.
E.
Anti-blight lien. In the event that the real property owner does
not appeal the action of the anti-blight officer within the time set
by this chapter and in the event that no action has been taken by
the real property owner to cure the violation within 90 days of the
date that the real property owner was to abate the violation as set
forth in the notice of the violation issued by the anti-blight officer,
then the civil penalties and/or fines and costs associated with the
same shall constitute a lien of the Town of Bethel on said real property
where such blight exists effective from the date that such civil penalties
and/or fines were first levied which lien may be continued, recorded
and released in the manner provided by the General Statutes of Connecticut
for the continuing, recording and releasing property tax liens. Each
such lien may be enforced in the same manner as property tax liens,
including foreclosure of the real property. Said lien shall remain
an encumbrance upon the subject property until such time as the blight
condition shall be abated and all civil penalties and/or fines and
costs assessed have been paid.
Nothing in this chapter shall limit the power and authority
of the Town of Bethel's officials including but not limited to
the building official, zoning officer, Zoning Enforcement Officer,
inland wetlands officer, health officer, public works director, Fire
Marshal, Police Department, fire departments or any commission or
board associated with these positions, i.e., the Planning and Zoning
Commission, Zoning Board of Appeals, inland wetlands, etc. to enforce
their respective regulations. The penalties and power of this chapter
shall be in addition to and not in lieu of any other enforcement regulation
or procedure exercised by any of the Town of Bethel officers, departments,
commissions and boards.
A.
This chapter shall not apply to any condition that is in compliance
with the current regulations and ordinances of the Town of Bethel,
including but not limited to zoning, health, fire, public works, inland
wetlands, etc.
B.
This chapter shall not apply to any condition that is in compliance
with state or federal statutes and/or regulations.
C.
This chapter shall not apply to any condition for which there has
been issued by any agency of the Town of Bethel a valid permit including
but not limited to building, zoning, inland wetlands, public works,
health, fire, etc.
D.
Subject to the exceptions and requirements as hereinbefore set forth,
this chapter shall not apply to the following:
(1)
To one operable unregistered motor vehicle owned by persons serving
in the Armed Forces of the United States outside the state. Such persons
shall be required to submit evidence satisfactory to the anti-blight
officer or hearing officer or committee to qualify for the exception.
(2)
To a motor vehicle or motor vehicle part:
(a)
That is completely enclosed in a building in a lawful manner
and is not visible from the street or other public or private property;
or
(c)
That is stored or parked in a lawful manner on private property
in connection with the business of a licensed motor vehicle dealer
or junkyard, or that is an antique or special interest motor vehicle
stored by a motor vehicle collector on the collector's property,
if the motor vehicle or parts in the outdoor storage area, if any
are:
(3)
A motor vehicle that is stored or parked in a lawful manner on private
property and is operational and being sold by the owner of said real
property. Only one such vehicle shall be allowed to be sold on said
property at any one time.
(4)
To mechanical equipment or equipment part:
(a)
That is completely enclosed in a building in a lawful manner
and is not visible from the street or other public or private property;
or
(c)
That is stored or parked in a lawful manner on private property
in connection with the business of a licensed dealer of the particular
mechanical equipment, if the mechanical equipment or equipment part
in the outdoor storage area, if any are:
(5)
All firewood neatly stacked or neatly arranged on property in public
view will not be a violation of this chapter.
