This chapter is intended to provide minimum standards governing
the condition, occupancy and maintenance of occupied and unoccupied
premises, and to protect, preserve, and promote public health, safety
and welfare. This chapter is further intended to establish responsibilities
for the maintenance of all premises, delegates administrative responsibility
and enforcement powers, and creates enforcement procedures.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED
Any property which is deserted for more than 60 days.
BLIGHTED PREMISES
A building, structure, or property that:
A.
Is in a condition which poses a serious threat to the safety,
health, and general welfare of the community as determined by the
Fire Marshal, Building Inspector, Zoning Enforcement Officer or designated
agent.
B.
Is attracting illegal activity as documented by the Police Department.
C.
Is not being maintained as evidenced by the existence of, but
not limited to, the following conditions:
(1)
Is open to the elements, or has collapsing or missing walls,
roofs, windows or doors;
(2)
Is unable to provide shelter, or serve the purpose for which
it was constructed due to damage, dilapidation, decay, or severe animal
infestation;
(3)
The property is chronically neglected or abandoned;
(4)
Has material which is incapable of performing the function for
which it is designed, including, but not limited to, abandoned, discarded,
or unused equipment or objects;
(5)
Equipment such as automobiles, motorcycles, boats, and recreation
vehicles which are unregistered and missing parts, not complete in
appearance or in an obvious state of disrepair.
D.
Parts of automobiles, furniture, appliances, cans, boxes, scrap
metal, tires, batteries, containers and garbage that are in the public
view.
E.
Has been vandalized or otherwise to the extent that it is seriously
deteriorating property values in the neighborhood.
F.
Has overgrown grass or weeds at least one foot in height.
G.
Is not being maintained or is becoming dilapidated as defined
herein.
DILAPIDATION
Partial ruin, decay or disrepair due to misuse, age or neglect.
OWNER/OCCUPIER
Any person, institution, foundation, entity or authority
which owns, leases, rents, possesses, or is responsible for property
within the Town.
PUBLIC VIEW
Visible from any public right-of-way or neighborhood.
VACANT
A period of 60 days or longer during which a building or
structure or part thereof is not legally occupied by human beings.
The Town Enforcement Officer, or other such person designated
by the Board of Selectmen, shall make, or cause to be made, inspections
to ensure compliance with and enforce the provisions of this chapter.
If the owner of any property, once on notice of violations of this
chapter, fails to appeal or comply with any order to repair, remove,
or otherwise remediate the property, the official charged with enforcement
of this chapter may proceed forthwith to cause to be done all work
required to correct violations of such order, and lien the property
for costs.
Violations of the provisions of this chapter shall be punishable
by a fine of $100 for each day a violation exists and continues.
Any notice of violation, which includes a fine or not, may be
appealed in accordance with the Citation Appeals and Hearing Procedure
Ordinance of the Town of Somers.
This chapter shall not repeal, annul, or in any way impair or
remove the necessity of compliance with any other rules, regulations,
bylaws, permits, or provisions of the Town of Somers.