[Ord. No. 95-2, § 1, 8-7-1995; Ord. No. 13-04, 6-17-2013]
The purpose of this article is to define, prohibit, and abate
nuisances on properties throughout town; and to protect, preserve
and promote public health, safety, and welfare; and to preserve and
protect property values.
[Ord. No. 95-2, § 2, 8-7-1995]
This article 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.
[Ord. No. 95-2, § 3, 8-7-1995; Ord. No. 96-3, § 1, 11-4-1996; Ord. No. 13-04, 6-17-2013]
The following definitions shall apply in the interpretation
and enforcement of this article:
An environment or condition existing on a residential, commercial,
or vacant property which reflects that the property is not being adequately
maintained as reflected by any or all of the following conditions:
A structure that has:
Twenty-five percent of any one exterior elevation of a structure
which is visible to the public shows signs of paint that is chipped,
blistered, flaking or peeling;
Missing, broken or open windows or doors that are in such condition
that the structure cannot be closed or secured;
Roofs, walls, foundations and appurtenances thereto are incapable
of functioning as they were intended;
Exterior walls which contain holes, fractures, breaks, loose
or rotting materials;
Collapsing or deteriorating exterior walls, roofs, stairs, porches,
handrails, railings, basement hatchways, chimneys, flues, or floors;
Foundation walls which contain open cracks or breaks;
Severely damaged, cracked, broken or missing siding, gutters,
stucco, brick, stone or clapboards;
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, stairways, fire escapes, standpipes and
exhaust ducts, which are in a state of decay;
Any fence which is broken, deteriorated, decayed or in such
condition that it cannot serve the purpose for which it was originally
intended;
Bushes, hedges, trees, plants or similar vegetation which physically
hinder or interfere with access to the building by any of the emergency
services (police, fire, medical response);
Signs of dilapidation and or graffiti;
Above ground or in-ground swimming pools, spas or hot tubs which
because of lack of maintenance or use pose a potential environmental
or public health threat or are considered to pose a potential safety
hazard.
Premises that have:
Grass, weeds or similar vegetation that has reached a height
of nine inches or greater (excluding flowers, fruits, and vegetables);
Trees constituting a danger to adjacent premises or the occupants
thereof or to public property or persons lawfully therein;
Bushes, hedges, trees, plants or similar vegetation 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, or that adversely interferes with
line-of-sight;
Premises containing accumulated debris.
Material which is incapable of immediately performing the
function for which it was designed including, but not limited to:
abandoned, discarded, or unused objects; brush piles; junk or collections
of equipment such as automobiles, boats and recreation vehicles which
are 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.
A wasting or wearing away, a gradual decline in strength,
soundness or quality, to become decomposed or rotten.
To weaken, corrode, rust or decay and lose effectiveness.
Decayed or rotted beyond repair.
Natural untreated wood which can be burned so as not to create
a danger to the public health or the environment.
The unauthorized writing, drawing, or spraying of words,
numbers, slogans, symbols, initials on the wall of any public or private
building or structure.
A condition which could cause serious or life-threatening
injury or death at any time or that could lead to property damage.
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 required, shall be deemed to include
any buildings, dwellings, parcels or land or structures contained
within the scope of this article.
Usable material which is neatly stored.
Visible from any public or private right-of-way or neighboring
property.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
Any building, dwelling, fence, swimming pool, or similarly
constructed object.
(Per Section 2.3 of the Town of Windsor Subdivision
regulations) A division of a parcel of land into three or more parts
or lots for the purpose, whether immediate or future, of sale or building
development expressly excluding development for agricultural purposes,
and includes re-subdivision.
Material which is capable of being used as it was originally
intended.
[Ord. No. 95-2, § 4, 8-7-1995; Ord. No. 96-3, § 2, 11-4-1996; Ord. No. 13-04, 6-17-2013]
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 Windsor to maintain such premises or any public or
private right-of-way abutting said premises in such manner that any
of the following conditions exist thereon:
(1)
Any structure or property which exhibits any of the characteristics
of blight as spelled out in Section 8-127 of this article;
(2)
A premises, occupied by a structure intended for human occupancy,
in which grass, weeds, or similar vegetation (excluding flowers, fruits,
and vegetables) is allowed to reach a height of nine inches or greater;
(3)
Vacant lots, in residential or commercial subdivisions in which at
least 80% of the approved lots in that subdivision have received a
certificate of occupancy, on which grass, weeds or similar vegetation
(excluding flowers, fruits, and vegetables) is allowed to reach a
height of nine inches or greater. NOTE, lots which contain up to two
times the minimum lot area required by zoning and not occupied by
a structure shall be subject to this article but lots larger than
two times the minimum lot area required by zoning shall be exempt;
(4)
Dead, decayed, diseased or damaged trees constituting a hazard or
danger to adjacent premises or the occupants thereof or to public
property or persons lawfully therein;
(5)
Residential or commercially zoned property that has any of the following
conditions:
a.
Any structure which has 25% flaking or peeling paint on any one exterior
elevation which is visible to the public or having exterior paint
which is chipped, blistered, flaking or peeling;
b.
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;
c.
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 or private sidewalk and/or public or private
street or right-of-way or any road sign;
d.
Trees and/or associated limbs that present an imminent danger of
falling per the written opinion of the Town tree warden and that may
pose a risk to life and limb or personal property.
[Ord. No. 95-2, § 5, 8-7-1995]
(a)
The provisions in this article shall not be construed to prevent
the enforcement of other statutes, codes, ordinances or regulations
which prescribe standards other than are provided in this article.
(b)
In any case where a provision of this article 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 article shall not affect violations of any other ordinance,
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.
[Ord. No. 95-2, § 6, 8-7-1995; Ord. No. 13-04, 6-17-2013]
(1)
The owner, lessee, or occupant of premises subject to this article,
including the agents thereof, shall be jointly and severally obligated
to comply with the provisions of this article.
(2)
The Town of Windsor or its agent shall have the right to enter onto
any premises that is abandoned or vacant to cut the grass, trim the
vegetation, and make repairs to the structure should the grass, vegetation,
or building structure be in violation of Section 8-128 providing
that:
a.
A citation has been issued to the owner or agent in control of the
property in compliance with Section 2-63 of this Code; and
b.
No corrective action has been taken with 10 days of the date of the
citation or the date specified for repair in said citation, wherever
is later and no hearing has been requested in accordance with Section 2-64
of this Code; and
c.
The citation specified that should the Town or its agent need to
abate any nuisance as defined in Section 8-128 of this article
or remove any accumulated debris a lien shall be placed on that property
to recover the cost of the work and any fines that may have accrued;
and
d.
Upon completion of any remediation work done by the Town or its agent, the Town shall have the right to lien the subject premises and/or insurance proceeds in accordance with Connecticut General Statutes Section 49-73b or a lien pursuant to Ch. 2, Art. VI of this Code or by other judgment of the Superior Court; and
e.
Where a hearing has been requested per Section 2-64 of this Code no corrective action shall be taken until the proceeding under Ch. 2, Art. VI of this Code have been completed. Nothing herein shall prevent the Town of Windsor from seeking immediate injunctive relief from the Superior Court where it determines circumstances warrant immediate remedial action.
(3)
Where the premises are not vacant or abandoned or where it is necessary
to enter any dwelling house or structures, the Town shall proceed
only after obtaining a court order. Any costs in obtaining a court
order, including a reasonable attorney's fee, shall be charged
to the owner and added to the cost of any remediation and recorded
as a lien in accordance with Connecticut General Statutes Section 49-73b
and as a judgment lien. It shall also be a personal obligation of
the owner.
[Ord. No. 95-2, § 7, 8-7-1995; Ord. No. 13-04, 6-17-2013]
(a)
Whenever the Town Manager or his designee determines that there has
been a violation of any provision of this article, such officer shall
issue a citation to the person responsible therefor, as hereinafter
provided. Such citation shall:
(1)
Be in writing;
(2)
Set forth the alleged violations of this article;
(3)
Identify the property in violation;
(4)
Specify a final date for the correction of any alleged violation
not earlier than 10 days from the date of the citation;
(5)
Be served upon the owner or the owner's agent, or the occupant,
as the case may require; provided, such notice shall be deemed to
be properly served upon such owner or agent, or upon such occupant,
if a copy thereof is posted in a conspicuous place in or about the
dwelling affected by this notice; or if such person is served with
such notice by any other method authorized or required under the laws
of this state;
(6)
Contain an outline of remedial action which, if taken, will affect
permanent compliance with the provisions of this article; and
(b)
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 article and subject to its penalties and enforcement
procedures.
[Ord. No. 95-2, § 9, 8-7-1995; Ord. No. 13-04, 6-17-2013]
(b)
Enforcement:
(2)
In addition thereto, or in lieu thereof the Town Manager or his designee
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 the court and a reasonable attorney's
fees incurred by the Town of Windsor to enforce this article.
(3)
All fines, court costs, cost of remedial action, and attorney's
fees shall constitute a lien on the subject premises either as a judgment
lien or as a lien with a priority over all encumbrances except property
taxes if filed in compliance with Connecticut General Statutes Section 49-73b.
