Town of Rocky Hill, CT Enforcement

Powers. No owner/occupier of real property within the Town shall cause or allow any violation of this Housing Code to be created, nor shall any owner/occupier allow the continued existence of violations of this Housing Code.

(1)

The designated Enforcement Officer identified in § 155-5 of this chapter (hereinafter "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 unsafe, ordering the demolition of unsafe buildings or structures, and issuing citations to offending owners or occupiers.

Inspection and designation of unsafe buildings or structures and premises. The Enforcement Officer or his or her designee shall inspect any premises as provided in this chapter that appear to be in violation of this chapter based upon reports of any persons who have reason to know of such conditions, or upon such other evidence as the Enforcement Officer deems relevant. Any building, structure or premises that has been determined by the Enforcement Officer to be unsafe shall be so designated by the Enforcement Officer.

Notice and enforcement.

(1)

If any building, structure or premises is unsafe, or in noncompliance with any provision of this chapter, the Enforcement Officer shall issue to the owner and/or occupier a written notice of violation and shall direct the owner and/or occupier to correct the cited 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 unsafe or noncompliant condition;

(b)

The date by which the 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 Enforcement Officer may issue a 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 owner receiving such a notice and order shall be deemed to be jointly and severally liable for correcting the unsafe conditions.

(2)

Prior to the expiration of the compliance period specified in the notice of an unsafe building, structure or premises, the owner/occupier or person receiving the notice may apply to the Enforcement Officer for an extension of the compliance period. The 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 unsafe condition and that under the facts and circumstances an extension is reasonable.

(3)

If the premises or unsafe building or structure is not brought to compliance to the satisfaction of the Enforcement Officer, or demolished, by the conclusion of the compliance period and any extensions thereof granted by the Enforcement Officer, the 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 of the allegations against him or her and the amount of the fines, penalties, costs or fees due; 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; that if he or she does not demand such a hearing, an assessment and judgment shall be entered against him or her; and that such judgment may issue without further notice.

(4)

Unless the cited person(s) pays the stated fine within 10 days of the 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 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, delivery by overnight courier such as FedEx, or United States 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 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 of the Superior Court 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 C.G.S. § 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 civil money judgment and an execution on such judgment may issue against the person upon which the fine was imposed from the original date of imposition pursuant to Connecticut General Statutes § 7-152c(f).