A.
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.
B.
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.
C.
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).
A.
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 a dwelling
unit 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.
B.
Notwithstanding anything herein to the contrary, special consideration
may be given to property owners who are in financial distress and
demonstrate an inability to pay the costs of remedying the violation
according to guidelines established by the Town Manager. 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.
After a hearing in the case of any notice suspending any permit
required by this chapter, when such notice has been sustained by the
Hearing Officer, the permit shall be deemed to have been revoked.
Any permit which has been suspended by a notice shall be deemed automatically
revoked if a petition for hearing is not filed 20 days after such
notice is served.
