[HISTORY: Adopted by the Town Council of the Town of Rocky
Hill 11-14-2016 by Ord. No. 276-16.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 149.
Littering — See Ch. 168.
Zoning — See Ch. 245.
[1]
Editor's Note: This chapter also repealed former Ch.
98, Blighted Buildings, adopted 4-2-2012 by Ord. No. 260-12.
This chapter shall be known as the "Blighted Premises Code of
the Town of Rocky Hill" (the "Code") and the standards established
by this Code shall be referred to as and constitute the minimum property
standards within the Town of Rocky Hill (the "Town").
A.
This Code is intended to protect, preserve and promote public health,
safety and welfare; to prevent and control the incidence of communicable
disease; and to reduce environmental hazards to health, safety and
welfare, insofar as they are affected by the maintenance of residential
and nonresidential structures, equipment and premises as provided
by this Code. This Code is further intended to provide minimum standards
governing the condition, occupancy and maintenance of occupied and
unoccupied premises and establish reasonable safeguards for the health,
safety and welfare of the occupants and users of said premises, the
community and the general public. This Code is intended to maintain
and preserve the public health, welfare and safety of the Town's
neighborhoods and to allow for the remediation of blighted premises.
B.
This Code shall establish the minimum standards and responsibilities
for the maintenance of all premises and delegates administrative responsibility
and enforcement powers and creates enforcement procedures.
C.
This chapter is enacted pursuant to the authority granted to the
Town of Rocky Hill under Connecticut General Statutes §§ 7-148(c)(7)(H)(xv),
7-148(c)(7)(A); 7-148(c)(7)(E); 7-148aa; 7-148jj; 7-148o; and 7-152c.
The Town Council finds that blighted or unsafe buildings and other
structures and premises may pose a threat to the health, safety and
general welfare of their occupants and other members of the public,
and may reduce the value and unreasonably interfere with the use and
enjoyment of properties in the vicinity of such premises. The Town
Council also finds that buildings, premises and structures within
the Town of Rocky Hill should not be allowed to become blighted or
unsafe or to remain in such a condition.
D.
This Code prohibits any owner or occupier, as defined herein, from
allowing, creating, maintaining, or causing to be created or maintained
a blighted premises within the Town.
Applicability: This Code shall apply uniformly throughout the
Town to the maintenance, use and occupancy of all premises now in
existence or hereafter constructed, maintained or modified and shall
include:
A.
Dwellings or dwelling units, including one-family and two-family
dwellings and buildings with multiple-unit dwellings;
B.
Lots, plots or parcels of land whether vacant or occupied;
C.
Buildings of nondwelling use, including commercial properties and
mixed use properties that may include one or more dwelling units;
D.
Accessory structures to any building;
E.
All apartments, boardinghouses, group homes, lodging houses, rooming
houses, tenement houses and unrelated family units.
The following definitions apply to this chapter:
Such individual(s) as are designated by the Town Manager
to act as the Blight Enforcement Officer(s).
Any building or structure, or any part of a structure that
is a separate unit, or a parcel of land or any land supporting any
building or structure, or any accessory structure, or fence, where
the Town Manager and/or his/her designee determines that one or more
of the following conditions exists:
The existing conditions pose a serious threat to the health,
safety and welfare of the public;
The building or structure, or any part of a structure that is
a separate unit, or a parcel of land, or any accessory structure,
or fence (the "premises") is not being properly maintained, as evidenced
by the existence, to a significant degree, of one or more of the following
conditions:
Missing, broken or boarded windows or doors;
Collapsing or deteriorating exterior walls, roofs, stairs, porches,
handrails, railings, basement hatchways, chimneys, flues, or floors;
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;
Any signs which are not kept in good repair, have excessively
weathered or faded or those upon which the paint has excessively peeled
or cracked or whose supporting members have deteriorated;
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, stairways, fire escapes, standpipes and
exhaust ducts which contain rust or other decay, excessive weathering,
ripping, tearing or other hole or otherwise constitute a nuisance
or a safety hazard;
Chimneys and similar appurtenances which are in a state of disrepair;
Insect screens which contain excessive tears or ragged edges;
Garbage or trash improperly stored or accumulated on the premises,
or abandoned, inoperable or unregistered motor vehicles as defined
by Connecticut General Statutes § 14-150a on the premises
which remain unmoved for over 30 days (unless the premises is a junkyard
licensed by the State of Connecticut) provided, however, those vehicles
that are stored within a structure or are covered by a tarp shall
not be considered blight;
Solid waste or any other materials (including equipment) that
have accumulated anywhere on premises in the Town in such a manner
as to create an offensive, unsightly or unsanitary condition;
Overgrown grass, weeds or similar vegetation not planted as
a crop to be harvested or for ornamental purposes that exceeds 12
inches in height;
Vermin infestations;
In the case of a fence, broken or rotted boards or in an otherwise
dilapidated condition; or
Any other exterior condition reflecting a level of maintenance
which is not in keeping with community standards or which constitutes
a blighting factor for adjacent property owners or occupiers or which
is an element leading to the progressive deterioration of the neighborhood.
The premises is attracting illegal activity as documented in
Police Department records and such illegal activity constitutes a
violation of this chapter;
The premises is a fire hazard as determined by the Fire Marshal
or as documented in the Fire Department records and such fire hazard
constitutes a violation of this chapter; and/or
The premises is a factor 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, the cancellation of insurance on proximate properties; or
similar circumstances.
The individual(s) appointed by the Town Manager to conduct
hearings authorized by this chapter.
The local norms regarding the condition, upkeep, and maintenance
of property by an owner or occupier, as determined by the judgment
of a similarly situated reasonable owner or occupier or member of
the same neighborhood.
An area of the Town comprised of all premises or parcels
of land, any part of which is within a radius of 1,000 feet of any
part of another parcel or lot within the Town.
Any person, institution, foundation, entity or authority
which owns, leases, rents, possesses, or is responsible for property
within the Town, including persons who hold title to real property
obtained by foreclosure as authorized by Connecticut General Statutes
§ 7-148jj.
Any solid, liquid, semisolid or contained gaseous material,
including but not limited to demolition debris, trash, refuse, and
the like. Firewood neatly stacked and stored for residential use on
the premises shall not be considered solid waste.
Any individual, civic organization, municipal agency, or Town
employee may file a complaint of violation of this Code with the Town
Manager or his/her designee. Complaints may be investigated and/or
enforced in the discretion of the Blight Enforcement Officer.
The Town Manager shall appoint the number of Citation Hearing
Officers he/she deems necessary.
A.
Powers. No owner/occupier of real property within the Town shall
cause or allow blighted premises to be created, nor shall any owner/occupier
allow the continued existence of blighted premises.
(1)
Immediately following enactment of this Code, the Town Manager shall
request that all Town department heads report any property of which
they are aware which appears to be blighted, as defined in this Code.
Such reports shall be submitted within 30 days of the Town Manager's
request. The properties listed on such reports shall not be an exhaustive
list, used as evidence of a lack of blighted conditions present on
any premises not included on such reports.
(2)
The Blight Enforcement Officer is granted the authority necessary
to enforce the provisions of this chapter in the exercise of his or
her discretion for the purpose of conducting inspections, citing violations,
determining enforcement actions, assessment fines, filing liens, designating
a building or structure as blighted or unsafe, ordering the demolition
of unsafe buildings or structures (provided that the Blight Enforcement
Officer does not enter inside any dwelling house or structure on such
property), and issuing blight citations to offending owners or occupiers.
B.
Inspection and designation of blighted or unsafe buildings or structures
and premises. The Blight Enforcement Officer or his or her designee
shall inspect any premises that appear to be blighted or unsafe based
upon reports of the director of health or of any other persons who
have reason to know of such conditions, or upon such other evidence
as the Blight Enforcement Officer deems relevant. Any building, structure
or premises that has been determined by the Blight Enforcement Officer
to be blighted or unsafe shall be so designated by the Blight Enforcement
Officer.
C.
Notice and enforcement.
(1)
If any building, structure or premises is blighted, unsafe, or in
noncompliance with any provision of this chapter, the Blight Enforcement
Officer shall issue to the owner and/or occupier a written notice
of blighted or unsafe premises and shall direct the owner and/or occupier
to correct the blighted or unsafe condition within a reasonable period
of time, but not more than 60 days of the date of the notice. The
notice shall be sent to the owner/occupier by regular mail and certified
mail and shall include:
(a)
The nature of the blighted, unsafe or noncompliant condition;
(b)
The date by which the blighted or unsafe conditions must be
corrected including a description of the corrective actions to be
taken to bring the property into compliance with the order;
(c)
That the Blight Enforcement Officer may issue a blight citation
to the owner/occupier if the conditions are not corrected and a description
of the fines, penalties, costs, fees and other enforcement actions
that may be imposed by citation; and
(d)
Each person receiving such a notice and order shall be deemed
to be jointly and severally liable for correcting the blighted or
unsafe conditions.
(2)
Prior to the expiration of the compliance period specified in the
notice of blighted or unsafe building, structure or premises, the
owner/occupier or person receiving the notice may apply to the Blight
Enforcement Officer for an extension of the compliance period. The
Blight Enforcement Officer may grant one or more extensions of the
compliance period, in his or her discretion, none of which may be
longer than 60 days, if he or she determines that the owner/occupier
or other person is diligently working to remedy the blighted or unsafe
condition and that under the facts and circumstances an extension
is reasonable.
(3)
If the blighted premises or unsafe building or structure is not brought
to compliance to the satisfaction of the Blight Enforcement Officer,
or demolished, by the conclusion of the compliance period and any
extensions thereof granted by the Blight Enforcement Officer, the
Blight Enforcement Officer may issue a citation and impose a fine
of not more than $100 for each day that the building, structure or
premises failed to comply with the provisions of this Code. The citation
shall inform the person(s) cited:
(a)
Of the allegations against him or her and the amount of the
fines, penalties, costs or fees due;
(b)
That he or she may contest his liability before a citation hearing
officer by delivering in person or by mail written notice within 10
days of the date thereof;
(c)
That if he or she does not demand such a hearing, an assessment
and judgment shall be entered against him or her; and
(d)
That such judgment may issue without further notice.
(4)
Unless the cited person(s) pays the stated fine within 10 days of
the Blight Enforcement Officer's issuance of a citation, the
Citation Hearing Officer shall conduct a citation proceeding pursuant
to the procedures set forth in Connecticut General Statutes § 7-152c
(as it may be amended from time to time). The Citation Hearing Officer
may issue a decision without a hearing if the cited owner/occupier
fails to request a hearing within 10 days of the issuance of the blight
citation.
(5)
Any property owner or other person who receives a citation pursuant
to this chapter has the right to request a hearing before the Citation
Hearing Officer by delivering, by hand delivery or mail, written notice
of such request within 10 days of the date of the citation. If the
property owner or other responsible person requests a hearing, the
Blight Enforcement Officer shall send written notice, by regular mail
and certified mail, of the date, time and place for the hearing. Such
hearing shall be held 15 to 30 days from the date of the mailing of
the notice of such hearing.
(6)
The Citation Hearing Officer shall conduct the hearing in the form
and with the methods of proof as he or she deems fair and reasonable,
in accordance with the hearing procedures for citations specified
in state law. The rules regarding the admissibility of evidence shall
not be strictly applied, but all testimony shall be given under oath
or affirmation.
(7)
The Citation Hearing Officer shall issue a written decision within
15 days following the conclusion of the hearing. If he or she determines
that the subject property owner/occupier or other person having lawful
possession or control is not liable, the Citation Hearing Officer
shall dismiss the matter and enter the determination, in writing,
accordingly. If the Citation Hearing Officer determines that the subject
property owner/occupier or other person having lawful possession or
control, is liable, he or she shall enter the determination, in writing,
accordingly, and assess the relevant fines, penalties, costs or fees
that are provided for in this chapter (the "assessment").
(8)
If such assessment is not paid on the date of its entry, the Citation
Hearing Officer shall send by first class mail a notice of the assessment
to the person found liable and shall file, not less than 30 days or
more than 12 months after such mailing, a certified copy of the notice
of assessment with the clerk of a superior court facility designated
by the Chief Court Administrator together with the required entry
fee as established by law. The certified copy of the notice of assessment
shall constitute a record of assessment. Within such twelve-month
period, assessments against the same person may be accrued and filed
as one record of assessment. The Clerk shall enter judgment, in the
amount of such record of assessment and court costs, against such
person in favor of the municipality. Notwithstanding any provision
of the general statutes, the Citation Hearing Officer's assessment,
when so entered as a judgment, shall have the effect of a civil money
judgment and a levy of execution on such judgment may issue without
further notice to such person.
(9)
Any person against whom an assessment has been entered pursuant to
this section or any order, requirement or decision of the Citation
Hearing Officer is entitled to judicial review by way of appeal. An
appeal shall be instituted within 30 days of the mailing of notice
of such assessment by filing a petition to reopen assessment pursuant
to Connecticut General Statutes § 7-152c(g), together with
an entry fee in an amount equal to the entry fee for a small claims
case pursuant to Connecticut General Statutes § 52-259,
at a Superior Court facility designated by the Chief Court Administrator,
which shall entitle such person to a hearing de novo in accordance
with the rules of the judges of the Superior Court. The filing of
the appeal does not stay the imposition of the fine.
(10)
Any fine which is unpaid 30 days after it is imposed shall constitute
a lien upon the real estate against which the fine was imposed from
the original date of imposition pursuant to Connecticut General Statutes
§ 7-148aa.
D.
Municipal performance. In the event any owner/occupier agent, tenant
or person in control of real property shall fail to abate or correct
any violation specified in any notice, after the issuance of an enforcement
citation for such failure, which citation has become final through
the failure of such owner/occupier, agent, tenant, or person in control
of real property to appeal from the issuance of such citation, or
by such appeal being sustained, the Town of Rocky Hill may cause or
take such action as is necessary to correct such violation. The action
or actions taken by the Town to correct such violation shall not be
in lieu of the right to collect the fine. The cost to take such action
shall be a civil claim by the Town against such owner/occupier, agent,
tenant, or person responsible for such property and the Town Attorney
may commence an action on behalf of the Town of Rocky Hill to recover
all costs, expenses and fees, including attorney's fees, incurred
by the Town relating to the violation.
E.
Willful violations.
(1)
In addition to those remedies available to the Town of Rocky Hill, the State of Connecticut retains the right to enforce remedies and/or impose fines as authorized by General Statutes § 7-148o. Except as provided in Subsection E(2) of this section, any person who, after written notice and a reasonable opportunity to remediate blighted conditions, willfully-violates any regulation adopted pursuant to subparagraph (H)(xv) of subdivision (7) of subsection (c) of § 7-148 of Connecticut General Statutes concerning the prevention and remediation of housing blight shall be fined by the state not more than $250 for each day for which it can be shown, based on actual inspection of the property on each such day, that the blighted conditions continued to exist after written notice to the owner or occupant as provided in this section, and the expiration of a reasonable opportunity to remediate.
(2)
Any person who is a new owner or new occupant shall, upon written request, be granted a thirty-day extension of the notice and opportunity to remediate provided pursuant to Subsection E(1) of this section. For the purposes of this section, "new owner" means any person or entity who has taken title to a property within 30 days of the notice, and "new occupant" means any person who has taken occupancy of a property within 30 days of the notice.
Any unpaid fine imposed under § 98-7 shall constitute a lien upon real estate in accordance with Connecticut General Statutes § 7-148aa. Each such lien shall be continued, recorded and released as provided for in Connecticut General Statutes § 7-148aa.
Notwithstanding anything herein to the contrary, special consideration
may be given to individuals who are elderly or disabled and who demonstrate
that the violation results from an inability to maintain an owner-occupied
residence and no person with that ability resides therein. Such special
consideration shall be limited to the reduction or elimination of
fines and/or an agreement that the Town or its agents may perform
the necessary work and place a lien against the premises for the cost
thereof in accordance with the provisions of this Code.
In the event that any part or portion of this Code is declared
invalid for any reason, all the other provisions of this Code shall
remain in full force and effect.
A.
Where terms are specifically defined or the meaning of such terms
are clearly indicated by their context, that meaning is to be used
in the interpretation of this Code.
B.
Where terms are not specifically defined and such terms are defined
in the Charter and Municipal Code of the Town of Rocky Hill, such
terms shall have the same meaning for the interpretation and enforcement
of this chapter.
C.
Where terms are not specifically defined in this chapter, they shall
have their ordinarily accepted meaning or such meaning as the context
may imply.
D.
The provisions of this Code shall not be construed to prevent the
enforcement of other codes, ordinances or regulations in the Town
of Rocky Hill.
E.
In any case where a provision of this Code is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance,
regulation or other provision of the Charter and Municipal Code of
the Town of Rocky Hill or the State of Connecticut, the provision
which establishes the higher standard for the promotion and protection
of the health and safety of the people of the Town of Rocky Hill shall
prevail.
