As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED
A building, dwelling or unit which, by any reasonably objective
observation, has been relinquished and is vacant.
BLIGHTED PREMISES
A.
Any structure, building, or parcel of land (property), including,
but not limited to, single-family or multifamily residential or commercial/industrial
property, whether occupied, abandoned or vacant, which is in such
a condition that it poses a serious long-term or immediate danger
to the community through risk of collapse, fire or infestation, or
which has been declared by the Director of Health as unfit for human
habitation, or which otherwise puts at risk the health or safety of
the citizens.
B.
Conditions constituting blighted premises include, but are not
limited to, the following:
(1)
It is determined by the Town that existing conditions pose a
serious or immediate danger to the community because of a life-threatening
condition or a condition which puts at risk the health or safety of
citizens.
(2)
The property is not being maintained. The following factors
may be considered in determining whether a structure, building or
property is not being properly maintained:
(a)
Missing or boarded-up windows or doors;
(b)
A collapsing or missing wall;
(c)
Sagging or collapsed roof or floor;
(d)
Siding that is seriously damaged or missing;
(f)
A foundation that is seriously damaged or missing;
(g)
A foundation that is structurally faulty;
(h)
Garbage, trash or abandoned cars situated on the premises.
(3)
It is, or is becoming, dilapidated or unsafe, as determined
by the Building Official.
(4)
It is an unsafe structure as defined herein.
(5)
It has attracted illegal activity as determined by the Chief
of Police.
(6)
It is a fire hazard, as determined by the Fire Marshal.
(7)
It is a factor in materially depreciating property values in
the immediate neighborhood, because of its poorly maintained condition.
(8)
It has become a factor creating a substantial interference with
the reasonable and lawful use and enjoyment of other space within
a building or structure or of other premises within the neighborhood.
(9)
It constitutes a threat to the general health, safety or welfare
as determined by the Director of Health.
BLIGHT PREVENTION PANEL
The Panel shall consist of the Building Official, Director
of Health, Fire Marshal, Zoning Enforcement Officer and the First
Selectman.
DILAPIDATED
Any building or structure, or part thereof, that would not
qualify for a certificate of occupancy and is deemed an unsafe structure;
and any dwelling or structure, or part thereof, which is designated
as unfit for human habitation as defined in the State Building Code,
the Fire Code or the Public Health Code.
EXEMPT PROPERTY
Any building or structure undergoing active remodeling, restoration,
repair or renovation, provided that the blighted condition will be
corrected thereby and that the exemption period will not exceed one
year from the date of receipt by the Blight Prevention Panel of a
written complaint.
FIRE MARSHAL
The Fire Marshal of the Town as defined in C.G.S. § 29-297.
UNSAFE STRUCTURES
All structures, or structures with deficient existing equipment
or fixtures, which have become unsanitary or deficient because of
inadequate means of egress facilities, inadequate light or ventilation,
or which constitute a fire hazard, or are otherwise dangerous to human
life or the public welfare, or which involve illegal or improper occupancy
or inadequate maintenance, or which are not secured against entry.
No owner, agent, tenant or person in control of real property
shall cause blighted or dilapidated premises, whether occupied or
not, or unsafe structures to be created or maintained within the Town
of Brookfield.
[Amended 9-4-2018]
The provisions of this chapter shall be in addition to all remedies
civil or criminal provided to the Town or its officials by any local,
state or federal statute or regulation, including, without limitation,
the provisions of the State Building Code, the State Fire Code and
the State Public Health Code, Zoning Regulations or other sections
of the Town Code. The election of the Town to pursue the remedies
provided by this chapter shall not preclude the Town from pursuing
any other remedies available to it.
A. In addition to the remedies provided by §
83-4, if the Building Official or Fire Marshal determines that any premises are in an unsafe condition, or the Director of Health finds that any premises is unfit for human habitation or violates the Connecticut General Statutes governing public nuisances or the Zoning Enforcement Officer determines that zoning violations exist, the Building Official, Fire Marshal, Zoning Enforcement Officer or Director of Health may serve upon the owner of the premises a notice detailing the condition deemed unsafe or constituting a threat to health, safety or general welfare and specifying the required repairs or improvements to be made to abate the unsafe, unsightly, unhealthy or nuisance conditions. The notice may require that any building or structure that has been determined to be a fire hazard or otherwise dangerous to human life or the public welfare, in accordance with General Statutes Section 29-253(b), be demolished within a certain time period. The notice shall be delivered to the owner personally or sent by certified mail to the last known address of the owner. If neither method is successful, the notice shall be posted on the premises in a conspicuous place. In the event that the owner, agent, tenant or person in control fails to comply with the terms of the order within the reasonable timeframe set forth in the order, the Building Official, Fire Marshal, Zoning Enforcement Officer or Director of Health shall refer the matter to the Blight Prevention Panel, which may: 1) instruct the Town Attorney to take appropriate enforcement action in the courts, including, but not limited to, the commencement of an injunction action; or 2) proceed in accordance with §
83-5B herein.
B. Demolition.
(1) The Blight Prevention Panel shall order a building or structure to
be demolished if it has been designated by the Panel as unfit for
human habitation and the Panel determines that the building or structure
constitutes a fire hazard or is otherwise dangerous to human life
or the public welfare, in accordance with General Statutes Section
29-253(b), has been posted or placarded on site as such, has been
vacated, and has not been put into proper repair so as to rescind
the designation or determination by the Panel.
(2) The owner of any building or structure which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in §
83-5A and shall be given a reasonable time, not to exceed 120 days, in which to demolish such building or structure. This notice is required even if notice was previously given pursuant to §
83-5A.
(3) When the owner fails, neglects or refuses to demolish any building
or structure within the requisite time, the Blight Prevention Panel
may: a) instruct the Town Attorney to apply to a court of competent
jurisdiction for a demolition order and/or other legal remedies; or
b) if the Blight Panel has determined that the building or structure
constitutes a fire hazard or is otherwise dangerous to human life
or the public welfare, then, in accordance with General Statutes Section
29-253(b), the Town can proceed directly with demolition of the offending
building or structure. The cost of such demolition shall create a
debt in favor of the Town of Brookfield against such owner, and the
Town may record a lien, within 30 days after the date that such demolition
work has ceased, in the principal amount of such costs and expenses
in accordance with General Statutes Section 49-73b, and shall give
notice to the owner of the property in the same manner as set forth
in General Statutes Section 34-34. Such costs shall be recoverable
in a civil foreclosure or other action brought by the Town of Brookfield
which shall possess all the rights of a municipal tax collector or
as otherwise provided by law.
(4) Whenever a building or structure is demolished, whether carried out
by the owner or by the Director of Health, such demolition shall include
the filling in of the excavation on which the demolished building
or structure was located in such manner as to eliminate all potential
danger to the public health, safety and welfare arising from such
excavation.
(5) All demolition shall be preceded by an inspection of the premises
by the Director of Health to determine whether or not extermination
procedures are necessary. If the premises is found to be infested,
appropriate rodent extermination to prevent the spread of rodents
to adjoining or other areas shall be instituted before, during and
after demolition.