[HISTORY: Adopted by Board of Selectmen of
the Town of Cromwell 9-24-2008; amended in its entirety by Town Council 11-7-2018. Subsequent amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
The purpose of this chapter is to define, prohibit and abate
blighted property and public nuisances; to protect, preserve, and
promote the public health, safety and welfare; and to preserve and
protect property values.
This chapter shall apply uniformly to the maintenance of all
residential, nonresidential, and undeveloped premises 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 dedicated as public or semi-public open space
or preserved in its natural state through conservation easements;
or areas designated as inland wetlands and watercourses.
The following definitions shall apply in the interpretation
and enforcement of this chapter.
The occupants have vacated the premises and do not intend
to return, which intention may be evidenced by the removal by the
occupants or their agent of substantially all of their possessions
and personal effects from the premises and either nonpayment of rent
for more than two months in the case of a rental property; or an express
statement by the occupants that they do not intend to occupy the premises
after a specified date.
Means the Town Manager or his/her designee and/or the Building
Code enforcement and/or Health and Compliance officials(s)or his/her
designee(s).
A property whereon any of the following conditions and/or
structures exists, including occupied, vacant or abandoned properties
or structures:
Existing conditions pose a serious threat to public health or
safety, and/or impede public officials from making inspections, as
determined by the Building Official, Health Official and Compliance
Officer(s), Fire Marshal, Director of Human Services, and/or the Police,
and/or their designees, including but not limited to premises that
are:
Being used to conduct illegal activities;
A fire hazard, as determined by the Fire Marshal or as documented
in the Fire Department records; and
Creating a substantial and unreasonable interference with the
use and enjoyment of other premises within the surrounding area as
documented by neighborhood complaints, police reports, building official
reports, etc.
Any structure which is in a state of dilapidation or decay;
or is open to the elements; or unable to provide shelter, or serve
the purpose for which it was constructed due to damage, dilapidation,
or decay, as evidenced by the existence of one or more of the following
conditions:
Missing windows or doors.
Collapsing or missing walls, roof, or floor.
Exterior walls which contain holes, breaks, loose or rotting
materials, or which are not properly surface-coated to prevent deterioration.
Foundation walls which contain open cracks and breaks.
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, stairways, fire escapes, standpipes, and
exhaust ducts, which contain rust or other decay.
Chimneys and similar appurtenances which are in a state of disrepair.
Insect screens which contain tears and ragged edges.
Vermin infestation.
Garbage, trash, or abandoned vehicles on the premises (unless
the premises is a junkyard licensed by the State of Connecticut).
Any vacant building or structure with overgrown grass or weeds
at least one foot in height.
Graffiti.
Premises occupied by a structure intended for human occupancy,
in which grass, weeds, or similar vegetation (excluding flowers, fruits,
and vegetables, and areas maintained in their original naturally wooded
state, or a natural field state) is allowed to reach and remain at
a height of 12 inches or greater for a period of 10 days, or longer;
Dead, decayed, diseased or damaged trees, or parts thereof,
constituting a hazard or danger to adjacent premises or the occupants
thereof or to public property or persons lawfully therein;
Two or more unregistered motor vehicles in the public view,
pursuant to Section 14-150a of the Connecticut General Statutes;
Residentially zoned property with any combination of 10 or more
pieces of mechanical equipment stored on the premises and in the public
view;
Residential or commercially zoned property that has any of the
following conditions:
Premises containing accumulated debris, not including compost
piles or piles of grass and/or brush which are not visible from a
public right-of-way and do not otherwise constitute a public health
or safety hazard; or
Landscaping on any premises, including, but not limited to,
trees, shrubs, hedges, 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 and/or private street or right-of-way
or any road sign; and
Property that has graffiti which includes words, letters, murals
or other artwork that is in the public view and was not approved by
the property owner or which otherwise violates state statutes and/or
Town zoning regulations and/or ordinances.
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 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 which are in
the public view.
A state of visible decomposition or rot.
Decayed beyond repair.
Such individual as is designated by the Town Manager to administer
the State Health Code and to enforce Town health ordinances.
An individual(s) appointed by the Town Manager to conduct
hearings as authorized by of the Town Code.
A person with the legal right to inhabit a building or portion
thereof by virtue of ownership, lease or an owner's written consent.
Any apparatus designed to operate by an internal combustion
engine, or designed to be towed by any apparatus propelled by an internal
combustion engine.
Areas where grass, weeds, and brush exist in their natural,
unlandscaped state.
Areas where trees and brush exist in their natural, unlandscaped
state.
Any man, woman, corporation, or other legal entity capable
of owning real property.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or nondwelling structure and includes any such building, accessory
structure or other structure thereon, or any part thereof. The term
"premises," where the context requires, shall be deemed to include
any buildings, dwellings, parcels of land or other structures contained
within the scope of this chapter.
Visible from any public right-of-way.
Any building, dwelling, fence, swimming pool, or similarly
constructed object.
A building or portion thereof that is not actually inhabited
by a legal occupant for a period of 60 days or longer.
It is hereby declared a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
in the Town of Cromwell to maintain such premises or any public right-of-way
abutting said premises as a blighted property.
A.
The provisions in this chapter shall not be construed to prevent
the enforcement of other statutes, codes, ordinances or regulations
which prescribe standards other than are provided in this chapter.
B.
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, the provision which
establishes the higher standard for the promotion and protection of
the health and safety and property values of the people shall prevail.
C.
This chapter shall not affect violations of any other ordinances,
code or regulation existing prior to the effective date of this code,
and any such violations may be governed and continue to be punishable
under the provisions of those ordinances, codes, or regulations in
effect at the time the violation was committed.
The owner, lessee, or occupant of premises subject to this chapter,
including the agents thereof, shall be jointly and severally obligated
to comply with the provisions of this chapter. Whenever the person,
as herein defined, is a corporation or other legal entity, the officers
thereof shall be jointly and severally responsible with that corporation
or other legal entity.
A.
It shall be prohibited for a property to be a blighted property or
a public nuisance. Complaints may be submitted to the Blight Enforcement
Officer by members of the public, but such complaints must be in writing
and signed.
B.
Whenever the Blight Enforcement Officer determines that there has been a violation of any provision of this chapter, except as to § 97-3, definition of "blighted property," Subsection E, such officer shall give notice of such violation to the person responsible therefore, as hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Set forth the violations of this chapter;
(3)
Specify a final date for the correction of any violation;
(4)
Be served upon the owner or the owner's agent, or the legal
occupant as the case may require, provided such notice shall be deemed
to be properly served upon such owner or agent, or upon such legal
occupant, if a copy thereof is posted in a conspicuous place in or
about the dwelling affected by this notice; or if it is sent certified
mail, return receipt requested; or if such person is served with such
notice by any other method authorized or required under the laws of
this State;
(5)
Contain an outline of remedial action to be taken to effect permanent
compliance with the provisions of this chapter;
(6)
State that the penalties and other enforcement provisions of this
chapter will become effective on the final date set for the correction
of any violation without further notice; and
(7)
State that the liability may be contested before the Hearing Officer
by delivering written notice of appeal to the Town Manager within
10 days.
(8)
The notice shall specify that the owner has 30 days to correct the
violation by removing the vehicle or registering it; and
(9)
Notice of the alleged violation shall be published in a newspaper
having a substantial circulation in the Town of Cromwell.
C.
Whenever the Blight Enforcement Officer determines that there has been a violation of § 97-3, definition of "blighted property," Subsection E, pertaining to unregistered motor vehicles, such officer shall give notice of such violation to the person responsible therefor, which notice shall be in compliance with § 97-7B, except that:
D.
Any person notified in accordance with this section who fails to correct any violation by the date specified in said notice shall be in violation of this chapter and subject to its penalties and enforcement procedures. Any person in violation § 97-3, definition of "blighted property," Subsection E, 30 days after the notice of violation in accordance with § 97-7B above shall be subject to the removal and disposition of the unregistered motor vehicle. The Blight Enforcement Officer shall not enter such property to remove and/or dispose of an unregistered motor vehicle without the prior written consent of the owner or an appropriate court order.
E.
Whenever a noticed violation is not corrected by the date specified
in said notice, in addition to all other legal remedies authorized
by law and this chapter, the Blight Enforcement Officer and his or
her designees are further authorized to enter vacant or abandoned
premises during normal business hours for the purpose of remediating
the blight condition(s). The Blight Enforcement Officer shall not
enter property that includes a dwelling house or structure without
the prior written consent of the owner or an appropriate court order.
A.
Any person receiving a notice in accordance with § 97-7 above may appeal said notice of violation(s) by filing a written notice of appeal with the office of the Town Manager within 10 days of the date of said notice.
B.
The hearing and appeal process shall be governed in accordance with
Section 7-152c of the General Statutes.
A.
Penalties.
(1)
Each violation of this chapter shall be considered a separate municipal
offense.
(2)
Each day any violation continues shall constitute a separate offense.
(3)
Each separate offense under this chapter may be punishable by a fine
of $100 per day for each violation, payable to the Town of Cromwell.
In determining the amount of the fine, special consideration may be
given to those who require it in order to correct a violation of this
chapter. Specifically, additional time may be given to correct a violation
where the violator 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 age, a
disabled individual who is unable to personally correct a violation
due to his disability, or a low-income individual who is unable to
correct a violation due to cost. In determining whether good cause
exists, it will be considered whether 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.
B.
Enforcement.
(1)
The Blight Enforcement Officer is authorized to issue a citation
or summons for a violation of this chapter.
(2)
In addition thereto, the Blight Enforcement Officer 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 costs of remedial action(s) authorized by § 97-7 or the Court, and the reasonable attorney's fees and costs incurred by the Town of Cromwell to enforce this chapter.
(3)
All fines, Court costs, costs of remedial action, and attorney's
fees, as ordered by the Court, shall constitute a lien on the subject
premises, provided the owner of said premises has been notified of
the violations as herein provided and was made a party to the enforcement
proceedings.
