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").
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:
BLIGHTED PREMISES
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:
A.
The existing conditions pose a serious threat to the health,
safety and welfare of the public;
B.
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:
(1)
Missing, broken or boarded windows or doors;
(2)
Collapsing or deteriorating exterior walls, roofs, stairs, porches,
handrails, railings, basement hatchways, chimneys, flues, or floors;
(3)
Exterior walls which contain holes, breaks, loose or rotting
materials or which are not properly surface coated to prevent deterioration;
(4)
Foundation walls which contain open cracks and breaks;
(5)
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;
(6)
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;
(7)
Chimneys and similar appurtenances which are in a state of disrepair;
(8)
Insect screens which contain excessive tears or ragged edges;
(9)
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;
(10)
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;
(11)
Overgrown grass, weeds or similar vegetation not planted as
a crop to be harvested or for ornamental purposes that exceeds 12
inches in height;
(13)
In the case of a fence, broken or rotted boards or in an otherwise
dilapidated condition; or
(14)
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.
C.
The premises is attracting illegal activity as documented in
Police Department records and such illegal activity constitutes a
violation of this chapter;
D.
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
E.
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.
COMMUNITY STANDARDS
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.
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.
OWNER/OCCUPIER
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.
SOLID WASTE
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.
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.