[HISTORY: Adopted by the Town of Ridgefield 3-19-2014. Amendments
noted where applicable.]
A.
This chapter is enacted pursuant to the authority granted to the
Town under C.G.S. § 7-148(c)(7), § 7-148(c)(7)(H)(xv),
§ 7-148aa and § 7-152c.
B.
This ordinance, as set forth in this chapter, is intended to protect,
preserve and promote public health, safety and welfare; to maintain
and preserve the beauty of neighborhoods; and to allow for control
of blighted premises.
For the purposes of this chapter, the following words, terms
and phrases shall have the following meanings, unless the context
clearly indicates otherwise:
Any building, structure or parcel of land, including, without
limitation, single-family or multifamily residential or commercial,
whether occupied or vacant, except exempt property as defined below,
in which at least one of the following conditions exists:
It is dilapidated or becoming dilapidated as documented by the
Building Official.
It is dilapidated and attracting illegal activity as documented
by the Police Department.
It is dilapidated and is a fire hazard as determined by the
Fire Marshal or as documented by the Fire Department.
It is determined by the Blight Prevention Board, the Building
Official or by the Director of the Health District that the condition
of the building, structure or parcel of land poses a serious or immediate
danger to the safety, health or general welfare of the community.
It is not being adequately maintained. The following factors
may be considered in determining whether it is not being adequately
maintained:
Multiple missing, broken, or boarded windows or doors.
Collapsing or missing walls, roof, or floors.
Seriously damaged or missing siding.
A structurally faulty foundation.
Excessive amounts of garbage or trash.
Abandoned motor vehicles not registered with the Commissioner
of Motor Vehicles pursuant to the Connecticut General Statutes, including
C.G.S. § 14-12 et seq., including cars, trucks, boats and
motorcycles, or other inoperable machinery on the premises visible
from the street or any adjoining property.
Rodent harborage and/or infestation.
Unrepaired fire or water damage.
Parking lots left in a state of disrepair or abandonment.
A board made up of five members who shall be appointed by
the First Selectman with the consent of the Board of Selectmen. Initially,
said Board shall be made up of the Fire Marshal, Health Director,
Building Official, Zoning Enforcement Officer and First Selectman.
Any day which is neither a Saturday nor Sunday nor a day designated as a legal holiday pursuant to C.G.S. § 1-4.
Any building or structure or part thereof which is deemed
an unsafe structure or which is designated as unfit for human habitation
by the Building Official.
In the case of an owner-occupied residence, an individual
who has a disability as that term is defined under the Americans with
Disabilities Act of 1990, as amended.
In the case of an owner-occupied residence, an individual
65 years of age or older.
Any building or structure undergoing active remodeling, restoration,
repair, or renovation, provided that the blighted condition will be
corrected thereby and that the period thereof will not exceed one
year from the date of receipt by the Blight Prevention Board of a
written complaint.
Occupancy that is legal by virtue of compliance with the
State Building Code, State Fire Safety Code, local zoning, local housing
and all other pertinent codes, and which habitation shall be substantiated
by a deed, bona fide lease agreement, rent receipt or utility statement.
In the case of an owner-occupied Ridgefield residence, an
individual who meets income guidelines for eligibility of the Elderly
and Totally Disabled Homeowner's Program outlined in C.G.S. § 12-170AA,
as administered by the Tax Assessor.
Any owner/occupant who has taken title to or legal occupancy of a property within 30 calendar days of the notice provided in § 235-6.
All individuals, firms, partnerships, corporations, limited
liability corporations or other entities or authorities which own,
lease, rent, possess, or are responsible for property within the Town.
No owner/occupant shall allow, maintain or cause to be maintained
any blighted premises.
A.
Upon receiving a written complaint of a possible violation signed
by a complainant, the Blight Prevention Board shall make an investigation.
B.
If, after investigation, a probable violation is found to exist, the Blight Prevention Board shall serve written notice to the owner/occupant of the premises where the possible violation exists. The notice shall be sent in the manner prescribed by § 235-6 to the last known address of each owner/occupant. A copy of such notice shall also be sent to the office of the First Selectman, the Building Official, the Director of the Department of Social Services, the Director of Health, the Director of the Planning and Zoning Department, the Historic District Commission Chairman, the Chief of Police, and the Chief of the Fire Department.
C.
Such notice shall state the probable violation and the conditions
evidencing such violation and require the persons to whom it is delivered
to attend a hearing before the Blight Prevention Board to determine
whether there has been a violation and, if so, to establish a plan
for abatement of such violation, including the date by which such
violation shall be fully abated. The notice shall also include the
date, time and location of the hearing.
D.
The Blight Prevention Board shall hold a hearing within 30 calendar days of the date of the notice provided in Subsection B. At the hearing, all interested persons shall be given the opportunity to present evidence on the question of whether a violation of this chapter has occurred.
E.
If the owner/occupant who received the notice fails to appear, the
Blight Prevention Board may nevertheless determine whether a violation
has occurred, provided the Board has made a finding that notice was
properly served in accordance with this section.
F.
After the hearing, the Blight Prevention Board shall make a written
determination whether a violation has, in fact, occurred. If the Blight
Prevention Board determines that a violation exists, it shall include
in its written determination the actions to be taken to abate such
violation and the date within a reasonable time by which such violation
shall be fully abated.
G.
If the Blight Prevention Board determines that no violation has occurred,
no further action as to that complaint shall be taken, and the Blight
Prevention Board shall serve written notice that no further action
as to that complaint shall be taken, to the owner/occupant of the
premises where the possible violation exists.
Special consideration may be given to those who require it in order to correct a violation of this chapter. Specifically, the Blight Prevention Board may grant an owner/occupant additional time to correct a violation where the owner/occupant, or a person acting on his/her behalf, establishes good cause. As used in this section, "good cause" includes, but is not limited to, an elderly individual who is unable to personally correct a violation due to his or her age; a disabled individual who is unable to personally correct a violation due to his or her disability; a low-income individual who is unable to correct a violation due to cost; or an exempt property as defined in § 235-2. In determining whether good cause exists, the Blight Prevention Board shall consider whether other occupants of the premises are able to assist in correcting the violation in a timely fashion and whether the severity of the violation is such that additional time is not warranted.
A.
Upon the determination by the Blight Prevention Board that a violation
of this chapter exists, the Blight Prevention Board shall serve a
written notice of violation to the owner/occupant and shall simultaneously
send to each lienholder of the subject property a copy of the notice
of violation. The notice of violation shall state:
(1)
The violation;
(2)
The date upon which the violation shall be remedied;
(3)
That the failure of the owner/occupant to remedy the violation within the prescribed time shall result in the issuance of a citation in accordance with § 235-10 of this chapter;
(5)
That if the owner/occupant fails to remove or remedy the violation,
the Town may cause the remediation of the violation at the expense
of the owner/occupant; and
B.
Delivery of the notice of violation to the owner/occupant shall be
by one or both of the following methods:
A.
Violations of the provisions of this chapter shall be punishable by a civil penalty equal to the greater of $100 or the maximum amount allowed by C.G.S. § 7-148(c)(7)(H)(xv), as the same may be amended from time to time, for each day a violation exists and continues beyond the date required for remediation set forth in the notice of violation issued under § 235-6 hereof.
B.
Violators will also be responsible for all costs and expenses associated
with enforcement and the collection of any civil penalties, which
shall include, but shall not be limited to, attorneys' fees, court
costs, mailing costs and filing fees.
In addition to the foregoing, any person who, after receiving a notice of violation pursuant to § 235-6 and after a reasonable opportunity to remediate the blighted premises, willfully violates the provisions of this chapter with respect to housing blight, such person shall be fined by the State of Connecticut not more than $250, or the maximum allowed by C.G.S. § 7-148o, as the same may be amended from time to time, for each day for which it can be shown, based on actual inspection of the property on each such day, that the blighted premises continue to exist after written notice to the owner/occupant as provided herein and the expiration of the time to remediate.
A.
The Blight Prevention Board shall issue a citation when a violation
of this chapter continues beyond the date by which the Blight Prevention
Board required that the violation be remedied.
B.
The citation shall state:
(1)
A description of the violation.
(2)
The amount of the daily civil penalties levied and that such civil
penalties shall be levied from the date of the citation, plus such
other fines, penalties, costs and/or fees due.
(3)
That the uncontested payment of such civil penalties, fines, costs
and/or fees shall be made within 10 business days of the date of the
citation.
(4)
That the owner/occupant may contest his liability before a Citation
Hearing Appeals Board by delivering, in person or by mail, within
10 business days of the date of the citation, a written demand for
a hearing.
(5)
That if the owner/occupant does not demand a hearing, an assessment
and judgment shall be entered against him/her and that such judgment
may issue without further notice.
(6)
That the Town shall file a lien against the real estate in accordance
with C.G.S. § 7-148aa for the amount of any unpaid civil
penalties or other fines, costs and/or fees imposed by the Town in
accordance with this chapter.
Any owner/occupant receiving a citation shall be allowed a period
of 10 business days from the date of the citation to make an uncontested
payment of the civil penalties, fines, costs and/or fees specified
in the citation. All amounts shall be made payable to the Town.
A.
If the owner/occupant who has been issued a citation pursuant to
this chapter wishes to admit liability for any alleged violation,
the owner/occupant may, without requesting a hearing, pay the full
amount of the civil penalties, fines, costs and/or fees to the Blight
Prevention Board. Such payment shall be inadmissible in any proceeding,
civil or criminal, to establish the conduct of such owner/occupant
or other person making the payment.
B.
Any owner/occupant who does not deliver or mail written demand for a hearing within 10 business days of the date of the citation shall be deemed to have admitted liability, and the Blight Prevention Board shall certify to the Citation Hearing Appeals Board that such owner/occupant has failed to respond. The Citation Hearing Appeals Board shall thereupon enter and assess the civil penalties, fines, costs and/or fees provided for by this chapter and shall follow the procedures set forth in § 235-6.
A.
The First Selectman, with the consent of the Board of Selectmen,
shall appoint a three-member Citation Hearing Appeals Board. All members
of the Citation Hearing Appeals Board shall be residents of the Town
as such term is defined in the Charter.
B.
An owner/occupant who chooses to appeal a citation and requests a
hearing to this effect shall be given written notice of the date,
time and place for the hearing. Such hearing shall be held not less
than 15 calendar days nor more than 30 calendar days from the date
of mailing of the notice, provided the Citation Hearing Appeals Board
shall grant, upon good cause shown, any reasonable request by an interested
party for postponement or continuance. An original or certified copy
of the citation issued by the Blight Prevention Board shall be filed
with and retained by the Town and shall be deemed to be a business
record within the scope of C.G.S. § 52-180 and evidence
of the facts contained therein. Upon request of the person appealing
the citation, the presence of the Blight Prevention Board member who
issued the citation shall be required at the hearing. A designated
Town official other than any member of the Citation Hearing Appeals
Board may present evidence on behalf of the Town. An owner/occupant
wishing to contest liability shall appear at the hearing and may present
evidence on his behalf. If the owner/occupant who received the citation
fails to appear, the Citation Hearing Appeals Board may enter an assessment
by default against him upon a finding of proper notice and liability
under the applicable statutes and this chapter. The Citation Hearing
Appeals Board may accept from such owner/occupant copies of any relevant
investigatory and citation reports and/or any other official documents
by mail and may determine thereby that the appearance of such person
is unnecessary.
C.
The Citation Hearing Appeals Board shall conduct the hearing in the
order and form, and with such methods of proof, as it deems fair and
appropriate. The rules regarding the admissibility of evidence shall
not be strictly applied, but all testimony shall be given under oath
or affirmation. The Citation Hearing Appeals Board shall announce
its decision at the end of the hearing. If the Citation Hearing Appeals
Board determines that the owner/occupant is not liable, the Citation
Hearing Appeals Board shall dismiss the matter and enter that determination
in writing accordingly. If the Citation Hearing Appeals Board determines
that the owner/occupant is liable for the violation, the Citation
Hearing Appeals Board shall forthwith enter and assess the civil penalties,
fines, costs and/or fees as provided by this chapter.
D.
If the Citation Hearing Appeals Board's assessment is not paid
on the date of its entry, the Citation Hearing Appeals Board shall
send by first-class mail a notice of assessment to the owner/occupant
found liable and shall file, not less than 30 calendar days nor more
than 12 months after such mailing, a certified copy of the notice
of assessment with the clerk of the superior court facility designated
by the Chief Court Administrator, together with the applicable entry
or filing fee. The certified copy of the notice of assessment shall
constitute a record of assessment. Within such twelve-month period,
assessment against the same owner/occupant may be accrued and filed
as one record of assessment. The clerk shall enter judgment, in the
amount of the Citation Hearing Appeals Board's record of assessment
as well as court costs, against such owner/occupant in favor of the
Town. The Citation Hearing Appeals Board's assessment, when so
entered as a judgment, shall have the effect of a civil money judgment,
and a levy of execution of such judgment may issue without further
notice to the owner/occupant.
E.
An owner/occupant against whom an assessment has been entered pursuant
to this chapter is entitled to judicial review by way of appeal in
accordance with C.G.S. § 7-152c(g).
Any unpaid civil penalty or other fine imposed pursuant to the
provisions of this chapter, and any and all costs and expenses incurred
by the Town for the enforcement of this chapter, shall constitute
a lien upon the real estate against which the civil penalty or other
fine was imposed from the date of such civil penalty or fine. Each
such lien may be continued, recorded and released in the manner provided
for in C.G.S. § 7-148aa. 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 taxes.
If the hearing officer determines the owner/occupant is liable
for the violation, the Town may cause or take such action as is necessary
to correct the violation. All costs and expenses of such corrective
action shall be a lien upon the real estate. The Blight Prevention
Board shall cause a certificate of lien to be recorded in the Town
Clerk's office within 60 calendar days after completion of such
corrective action if all costs and expenses thereof are not reimbursed
in full.
The provisions of this chapter are in addition to, and not in
lieu of, any other remedies available to the Town under the Connecticut
General Statutes, Connecticut State Building Code, Fire Code, Public
Health Code, Zoning Regulations, or other sections of the Town Code.
