[HISTORY: Adopted by the Board of Selectmen of the Town of
Guilford 2-2-2009; amended in its entirety 6-2-2014. Subsequent amendments noted where applicable.]
This chapter is enacted pursuant to the Municipal Powers Act
(Section 7-148 et seq.) of the State of Connecticut General Statutes.
It is hereby found and declared that there may exist within the Town
of Guilford a number of real properties, which are vacant and/or in
a blighted condition, whose continued existence may contribute to
the decline of neighborhoods. 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, or reused so as to provide decent, safe and sanitary
housing and ancillary commercial facilities, and that such rehabilitation,
reconstruction, or reuse would eliminate, remedy and prevent the adverse
conditions described above. This Chapter is sensitive to the private
property rights of the citizens of Guilford and to extenuating circumstances
due to age, disability, and citizens' economic situations.
No owner of real property located in the Town of Guilford shall
allow, create, maintain, or cause to be created or maintained, housing
blight. This Chapter shall apply to the maintenance of all housing
properties now in existence or hereafter constructed, maintained,
or modified but shall exclude: agricultural lands as defined in Section
22-3(b) of the Connecticut General Statutes, land preserved in its
natural state through conservation easements, or areas designated
as inland wetlands and watercourses.
For the purpose of this chapter, the following words, terms
and phrases shall have the following meanings, unless the context
clearly indicates otherwise:
Any property which is deserted.
The Director of Health, the Zoning Enforcement Officer or
any police officer of the Town of Guilford.
A person that can be reasonably expected to perform maintenance
and yard work around a property or premises. This shall include children
above 16 years of age, without a physical or mental disability as
defined herein.
Partial ruin, decay or disrepair of housing property such
that it would not qualify for a certificate of use and occupancy,
or which is deemed unsafe or which is designated as unfit for habitation
as defined in the State Basic Building Code.
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 a household member capable of providing the
necessary maintenance.
An individual over the age of 65, who does not have a household
member capable of providing the necessary maintenance
The condition of any structure or parcel of land upon which
housing is located in which at least one of the following conditions
exist:
It is in a condition which poses a serious threat to the safety,
health, and general welfare of the community as determined by the
Director of Health, Zoning Enforcement Officer, Fire Marshall or Building
Inspector.
It is attracting illegal activity as documented by the Police
Department.
It is not being maintained as evidenced by the existence of
the following conditions: it is open to the elements, or has collapsing
or missing walls, roofs, windows, doors or is unable to provide shelter,
or serve the purpose for which it was constructed due to damage, dilapidation,
decay, or severe animal infestation; the property in the public view
is chronically neglected or abandoned.
It has material which is incapable of performing the function
for which it is designed, including, but not limited to, abandoned,
discarded, or unused objects; equipment such as automobiles, boats,
and recreation vehicles which are unregistered and missing parts,
not complete in appearance and in an obvious state of disrepair; parts
of automobiles, furniture, appliances, cans, boxes, scrap metal, tires,
batteries, containers and garbage that are in the public view. Notwithstanding
the foregoing, housing blight shall not include such temporary conditions,
not to exceed six months in duration, as may be reasonably related
to the repair or restoration of a single boat owned by the property
owner or his tenant.
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 comprising premises or parcels of land
any part of which is contiguous with any other parcel within the Town.
Any person who has taken occupancy of a property within 30
days of a notice of violation.
Any person or entity who has taken title to a property within
30 days of a notice of violation.
Any buildings, dwellings, parcels of land or structures contained
within the scope of this chapter.
Visible from any public right-of-way or neighborhood.
Special consideration may be given to individuals that are disabled,
elderly, or low income in the Town's effort to correct housing
blight. If an individual cannot maintain a reasonable level of upkeep
of his owner-occupied residence because he/she is a disabled individual,
elderly individual or low income individual, and no capable individual
resides in the residence, the Town may give the person a reasonable
amount of time to correct the problem, the duration of which shall
be in the discretion of the Blight Enforcement Officer. If needed,
assistance in finding solutions will be offered by the Town.
A.Â
Upon determination of a violation of this chapter, the Blight Enforcement
Officer shall issue a written notice of violation to the owner and
occupant of the property. Notice shall be delivered by certified mail,
return receipt requested, at the owner's last known address and/or
personal service by a state marshal or as otherwise permitted by law.
B.Â
The notice shall state:
(1)Â
The address of the affected property.
(2)Â
The description of the violation.
(3)Â
A reasonable time period for the owner and occupant to remediate the violation pursuant to § 142-5C of this chapter.
(4)Â
The civil penalty which will be levied by issuance of a citation if the violation is not corrected within the remediation period pursuant to § 142-6 of this chapter.
(5)Â
The additional fine which may be imposed by the state for a willful violation pursuant to § 142-7 of this chapter.
(6)Â
The availability to the owner/occupant of a hearing procedure before
the Blight Appeals Committee pursuant to C.G.S. § 7-152c
to contest any citation issued.
C.Â
As provided in C.G.S. § 7-148(c)(7)(H)(xv), an owner and
occupant shall have a reasonable opportunity to remediate a blighted
condition prior to any enforcement action being taken. Further, as
provided in Connecticut General Statutes § 7-148o(b), a
new owner or new occupant shall, upon request, be granted a thirty-day
extension of the notice and opportunity to remediate.
A.Â
If the owner or occupant fails to correct the violation(s) within
the remediation period granted in the notice of violation, the Blight
Enforcement Officer may issue a citation. The citation shall state:
B.Â
If the owner or occupant fails to pay such civil penalty to the Town within the ten-day period from the date of the citation, then the Blight Enforcement Officer shall issue an additional notice to the owner/occupant in the manner prescribed in § 142-5A. Such second notice shall be sent within 12 months after the aforesaid ten- day period to pay the civil penalty has expired. The additional notice shall state:
(1)Â
The description of the violation.
(2)Â
The amount of the daily civil penalties levied and that such civil
penalties may continue to be levied from the date of the citation.
(3)Â
That the owner/occupant may contest his/her liability before the
Blight Appeals Committee by delivering in person or by mail within
10 days of the date of this notice a written demand for a hearing.
(4)Â
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.
C.Â
The civil penalty for violation of this chapter shall be 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 citation.
In addition to the foregoing, any person who, after receiving a notice of violation pursuant to § 142-5 of this chapter, and after reasonable opportunity to remediate the blighted condition, willfully violates the provisions of this chapter with respect to the blighted condition, 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 violation continues to exist after written notice to the owner and occupant and the expiration of a reasonable opportunity to remediate.
In addition to the citation process described herein, the Director
of Health is authorized to initiate legal proceedings in the Superior
Court for the immediate correction of the violation(s), collection
of any penalties, and the recovery of all costs including cost of
remedial action(s) authorized by the court and reasonable attorney's
fees incurred by the Town of Guilford to enforce this chapter.
Any unpaid civil penalty imposed shall constitute a lien upon
the real estate in accordance with C.G.S. § 7-148aa. Each
such lien shall be continued, recorded and released as provided in
C.G.S.§ 7-148aa.
A.Â
The Town hereby specifically adopts the provisions of C.G.S. § 7-152c
for the establishment of a citation hearing process for alleged violations
of this chapter.
B.Â
There shall be a Blight Appeals Committee consisting of three residents
of the Town of Guilford, appointed by the First Selectman and approved
by the Board of Selectmen, who shall act by majority vote as citation
hearing officers in all hearings for alleged violations of this chapter.
C.Â
The owner/occupant may contest his/her liability before the Blight Appeals Committee by delivering in person or by mail within 10 days of the receipt of the additional notice set forth in § 142-6B, a written demand for a hearing.
D.Â
If the owner/occupant wishes to admit liability for any alleged violation,
he/she may, without requesting a hearing, pay the full amount of the
fines, penalties, costs or fees admitted to in person or by mail to
the Town Clerk. Such payment shall be inadmissible in any proceeding,
civil or criminal, to establish the conduct of such person or other
person making the payment.
E.Â
Any owner/occupant who does not deliver or mail written demand for
a hearing within the aforementioned ten-day period shall be deemed
to have admitted liability, and the Blight Enforcement Officer shall
certify such person's failure to respond to the Blight Appeals
Committee. The Blight Appeals Committee shall thereupon enter and
assess the fines, penalties, costs or fees provided for by the applicable
ordinances and shall follow the procedures set forth in C.G.S.§ 7-152c(f).
F.Â
Any owner/occupant who requests a hearing shall be given written
notice of the date, time and place for the hearing. Such hearing shall
be held not less than 15 days nor more than 30 days from the date
of the mailing of notice, provided the Blight Appeals Committee shall
grant upon good cause shown any reasonable request by any interested
party for postponement or continuance. The procedures and conduct
of such hearing, the assessment of fines, penalties, costs or fees
and the entry of judgment in Superior Court upon such assessment shall
be as provided in C.G.S.§ 7-152c.
Nothing in this chapter shall limit the power and authority
of the Town Building Inspector, the Zoning Enforcement Officer, the
Planning and Zoning Commission, the Fire Marshall or the Director
of Health to enforce their respective regulations.
A.Â
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 code of the Town or state, if such provision of
this chapter establishes a higher standard for the promotion and protection
of the health and safety and property values of the people such provision
shall be enforceable pursuant to the procedures established herein.
B.Â
This chapter shall not be intended to affect violations of any other
ordinances, codes or regulations whether existing prior to or subsequent
to the effective date of this chapter. Such violations shall be governed
by and shall continue to be subject to enforcement under the provisions
of such ordinances, codes or regulations in effect at the time the
violation occurred, and/or by enforcement of this ordinance, as may
be appropriate.
