As used in this chapter, the following terms shall have the
meanings indicated:
BLIGHT ENFORCEMENT COMMITTEE
A multidisciplined committee designated to enforce the provisions
of this chapter. It shall be comprised of the Town's Building
Official, Zoning Enforcement Official, Director of Health or any designee
of the aforementioned and any other Town of Colchester employee designated
by the Board of Selectmen.
BLIGHTED PREMISES
Any building, structure or parcel of land, including without
limitation, single-family or multifamily residential, industrial or
commercial, whether occupied or vacant in which at least one of the
following conditions exists:
A.
It is deemed an unsafe structure or designated as unfit for
human habitation by the Building Official;
B.
It is a fire hazard as determined by the Fire Marshal or as
documented by a Fire Department Officer;
C.
It is determined by the Director of Health or designee 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;
D.
It is not being adequately maintained and is visible from either
the street or from an adjacent property. The following factors shall
be considered in determining whether a premises is not being adequately
maintained:
(1)
Multiple missing, broken or boarded windows or doors.
(2)
Collapsing, seriously damaged, or missing walls, roof, siding
or other exterior features including but not necessarily limited to
stairs, porches, railings, hatchways, chimneys or floors.
(3)
Persistent accumulation of garbage or trash on the premises.
(4)
Chronically neglected and/or inoperable motor vehicles, camper
trailers, or boats being stored on the premises, unless garaged, for
a period of time in excess of 60 days; or two or more unregistered
motor vehicles in the public view, pursuant to Section 14-150a of
the Connecticut General Statutes.
(5)
Outside storage, for a period of time in excess of 60 days,
of material or equipment which is incapable of performing the function
for which it is designed, including, but not limited to, parts of
automobiles, furniture, appliances, cans, boxes, scrap metal, tires,
batteries, or containers.
(6)
Rodent harborage and/or infestation.
(7)
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.
(8)
Chronically overgrown grass, weeds, or similar vegetation that
is allowed to reach and remain at a height of 12 inches or greater;
cultivated gardens and areas maintained in their naturally wooded,
field, or shoreline state are specifically excluded from the height
requirement so stated.
(9)
Commercial parking areas left in a state of disrepair or abandoned.
BUILDING OFFICIAL
An individual who administers the State Building Code and
any applicable ordinances of the Town.
CITATION HEARING OFFICER
An individual appointed by the Board of Selectmen to conduct
official hearings authorized by this chapter, who may not be a police
officer or a Town employee or person who issues citations on behalf
of the Town.
ISSUANCE OF CITATION
The notification that fines and the penalties are being assessed
against the owner of the premises for the violation of this chapter.
LET FOR OCCUPANCY or LET
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
NOTICE OF VIOLATION
The initial notification in writing of a violation to the
owner of the premises.
OCCUPANCY
The purpose for which a building or portion thereof is utilized
or occupied.
OWNER
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state or municipality as holding title to
the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession
of real property by a court.
PREMISES
A lot or parcel and all buildings, structures, or uses located
thereon.
ZONING ENFORCEMENT OFFICIAL
An individual who oversees and enforces the Town's Land
Development Regulations\, otherwise known as "zoning regulations."
The premises under control of the owner, including the agents
thereof, are subject to this chapter, and 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
the corporation or other legal entity.
Complaints by residents of the Town of Colchester shall be submitted
to the First Selectman or his/her designee. The First Selectman or
a designee shall forward the complaint to the Blight Enforcement Committee
who shall assign an appropriate designated enforcement official.