[HISTORY: Adopted by the Town Council of the Town of Montville 10-14-2009 by Ord. No.
2009-5; amended in its entirety 9-10-2018 by Ord. No. 2018-06. Subsequent amendments noted where applicable.]
It is hereby found and declared that there exist within the
Town of Montville a number of blighted taxable and tax-exempt real
premises. It is further found that the existence of these blighted
premises adversely affects property values within the Town and threatens
the health, safety and general welfare of its residents.
As used in this chapter, the following terms shall have the
meanings indicated:
An employee appointed by the Mayor to enforce the blight
ordinance.
Any building, structure, premises or any part of a structure
that is a separate unit, in which any of the following or any combination
of the following conditions exists:
The Blight Enforcement Officer determines that existing conditions
pose a serious threat to the health and safety of persons in the Town.
It is not being maintained and contributes to housing decay,
as evidenced by one or more of the following existing conditions,
or combination thereof:
Any structure which is in a state of dilapidation or decay or
is open to the elements or unable to provide shelter or serve the
purpose for which it was constructed due to damage, dilapidation or
decay;
Premises containing accumulated debris; and
Landscaping on any premises, including, but not limited to,
trees, shrubs, hedges, grass and plants, which physically hinder or
interfere with the lawful use of abutting premises or block or interfere
with the use of any public sidewalk and/or private street or right-of-way
or any road sign.
Is a fire hazard as determined by the Fire Marshal or documented
via fire department records.
The premises creates substantial and unreasonable interference
with the use and enjoyment of surrounding premises as reported by
neighborhood complaints, fire, public safety or Health Department
reports.
Material which is incapable of immediately performing the
function for which it was designed, including, but not limited to,
abandoned, discarded, or unused objects; junk comprised of equipment
such as automobiles, parts of automobiles, furniture, appliances,
cans, boxes, scrap metal, tires, batteries, containers, and garbage
which are in public view. This definition shall not be applicable
to premises that are a junkyard licensed by the State of Connecticut.
A wasting or wearing away; a gradual decline in strength,
soundness or quality; to become decomposed or rotten, except a contained
compost pile.
Decayed or rotten beyond repair.
An individual(s) appointed by the Mayor to conduct official
hearings authorized by this chapter, who may not be a police officer
or employee, or person who issues citations on behalf of the Town.
Illegal conduct at the premises or property as documented
in police department records.
Human habitation of a dwelling unit that does not comply
with state building, state fire, local zoning or housing codes, or
all other pertinent codes and Connecticut General Statutes.
Occupancy in accordance with state building, state fire,
local zoning or housing codes, or all other pertinent codes and Connecticut
General Statutes.
The Mayor of the Town of Montville or a person designated
by the Mayor to act on his or her behalf.
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, firm, institution, legal entity, partnership,
corporation, limited-liability company, foundation, entity or authority
who or which holds title to real property or any mortgage or other
secured or equitable interest in such property, as documented in the
Town land records.
Visible from any public right-of-way or neighboring property,
at grade level.
A continuous period of 60 days or longer during which a building
or structure or part thereof is not legally occupied by human beings.
A.
No owner and/or occupant of real property, taxable or tax-exempt,
within the Town of Montville shall cause or allow blighted premises
to be created, nor shall any owner and/or occupant allow the continued
existence of blighted premises.
B.
Exemptions. The following properties and/or portions of properties
shall be exempt from this chapter:
(1)
Land subject to recorded documents dedicating it for use only as
public open space or parks.
(2)
Vegetation preserved in its natural state through conservation easements
or conservation restrictions.
(3)
Maintained gardens, flower beds, and/or landscaping as part of a
landscape design, or naturalized areas provided they do not cover
or block means of egress or access to any building, interfere or otherwise
physically or visually obstruct any vehicular sight line, road sign,
or emergency access to or at the property or promote rodent harborage
and/or infestation.
(4)
Any building or structure undergoing remodeling, being diligently
conducted, pursuant to an active building permit, provided that said
exemption is applicable only during such remodeling.
(5)
Any blighted premises for which there is a pending land use application
that if granted will result in the elimination of the blighted condition(s),
but only for a period not to exceed 90 days from the date of the submission
of the application to the Town land use agency with jurisdiction.
A.
The provisions in this chapter shall not be construed to prevent
the enforcement of other statutes, codes, ordinances or regulations
which prescribe standards other than are provided in this chapter.
B.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, fire safety or health ordinance,
regulation or other code of the Town or state, the provision which
establishes the higher standard for the promotion and protection of
the health and safety and property values of the people shall prevail.
Notwithstanding time limits set by any other section of this
chapter, if any individual homeowner cannot maintain a reasonable
level of upkeep of an owner-occupied residence because the individual
is disabled, elderly, or low income (as determined annually by the
State of Connecticut Office of Policy and Management for Elderly/Disabled
Tax Relief), and no capable individual resides in the residence (and
there is no other person or entity legally obligated to maintain the
blighted premises), the Blight Enforcement Officer may give said individual
homeowner a reasonable amount of time to correct the problem, the
duration of which shall be in the discretion of the Blight Enforcement
Officer, subject to the need to maintain public safety and health.
If needed, assistance in finding solutions may be offered by the Town.
A.
"Capable individual" shall mean a person who can be reasonably expected
to perform maintenance or yard work around a property or premises.
This shall include children over 16 years of age without physical
or mental disability as defined herein.
B.
"Disabled individual" shall mean, in the case of an owner-occupied
residence, an individual who has a disability or handicap as defined
under the Americans with Disabilities Act of 1990 and the Fair Housing
Act Amendments.
C.
"Elderly individual" shall mean an individual over the age of 65.
Prior to taking enforcement action against a blighted premises,
the Blight Enforcement Officer shall give written notice of a violation
of this chapter to the owner and occupant of the blighted premises.
The notice of violation may be hand delivered or mailed by certified
mail, return receipt requested, to the last known address on file
with the Tax Collector for each person to whom it is directed.
A.
Such notice of violation shall state the violation(s) and demand
its/their remediation within a reasonable time (not to exceed 60 days
from the date of the notice of violation) to be determined by the
Blight Enforcement Officer based on the nature and extent of the violation
at the blighted premises. If the violation is not corrected within
the time provided in the written notice of violation, the Blight Enforcement
Officer may issue a citation and/or take such other enforcement action
as authorized by law.
B.
Any person who is a new owner or new occupant of a blighted premises shall, upon request to the Blight Enforcement Officer, be granted a thirty-day extension of the notice and opportunity to remediate provided pursuant to § 195-6B above. For purposes of this chapter, "new owner" shall mean any person or entity who has taken title to a property within 30 days of the date of the notice of violation, "new occupant" shall mean any person who has taken occupancy of a blighted premises within 30 days of the date of the notice of violation.
Violations of this chapter shall be punishable by a civil penalty
of no less than $10 and no more than $100 for each violation. Each
day after the notice of violation has been received by the owner/occupant
shall constitute a separate offense.
A.
At any time within 12 months from the expiration of the final period for the uncontested payment of fines, civil penalties, costs or fees for any citation issued for an alleged violation of this chapter, the Blight Enforcement Officer shall send notice, by hand delivery or by certified mail, to the person(s) cited. Such notice shall inform said person(s) of the allegations cited against him/them and of the amount of fines, penalties, costs or fees due; that person(s) may contest his/their liability before a Hearing Officer, by delivering to the Blight Enforcement Officer, in person or by mail, written notice within 10 days of the date thereof; that such judgment shall attach without person does not request such a hearing, an assessment and judgement shall be entered against him; that such judgment may issue without further notice; and that any unpaid fine, civil penalties, costs or fees shall constitute a lien upon the blighted premises as set forth in Subsection D of this section. For purposes of this presumed to have been properly sent if such notice was mailed to the known address on file with the Tax Collector. If a person to whom such notice is a registrant, as defined by C.G.S. § 7-148hh(1), the Blight Enforcement Officer may deliver such notice in accordance with C.G.S. § 7-148ii, provided nothing in this subsection shall preclude the Blight Enforcement Officer from providing notice to a registrant in another manner permitted by applicable law.
B.
If a person who is sent a post citation notice pursuant to Subsection A of this section wishes to admit liability for any alleged violation(s), he/they may, without requesting a hearing, in person or by mail, pay to the Town of Montville Building Department the full amount of the fines, civil penalties, costs or fees admitted to. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the person(s) making the payment. Any person(s) who does not deliver or mail a written request for a hearing within 10 days of the date of the first post-citation notice provided for in Subsection A of this section shall be deemed to have admitted liability, and the Blight Enforcement Officer shall certify such owner's failure to respond to a Hearing Officer. A Hearing Officer shall thereupon enter and assess the fines, penalties, costs and/or fees provided for by this chapter and shall follow the procedures set forth in Subsection D of this section.
C.
Any person(s) issued a citation who requests a hearing shall receive
written notice, via certified mail, regarding the date, time, and
place for the hearing. Such hearings shall be held not less than 15
days nor more than 30 days from the date of the mailing of the notice
of hearing. The Hearing Officer may grant for good cause any reasonable
request by interested parties for postponement or continuance. An
original or certified copy of the initial notice of violation issued
by the Blight Enforcement Officer shall be filed and retained by the
Town, and shall be deemed a business record within the scope of § 52-180
of the Connecticut General Statutes and evidence of the facts contained
therein. This provision does not mean that other documents created
and/or obtained by the Blight Enforcement Officer and/or other municipal
officials might not also qualify as business records under said statute.
The Blight Enforcement Officer shall be required to attend the hearing,
upon request of any person who requested the hearing. A person wishing
to contest liability shall appear at the hearing and may present evidence
in his/their behalf. A designated Town official other than the Hearing
Officer may present supporting evidence on behalf of the Town. If
such person(s) fails to appear, the Hearing Officer may enter an assessment
by default against him/them upon a finding of proper notice and liability
in accordance with this chapter. The Hearing Officer may accept copies
of police reports, investigatory and citation reports or other official
documents via mail and may determine thereby that the appearance of
such person(s) is unnecessary. The Hearing Officer shall conduct all
hearings in the order and form and with such methods of proof as he
deems fair and appropriate. The rules regarding admissibility of evidence
shall not be strictly applied; however, all testimony shall be given
under oath or affirmation.
D.
The Hearing Officer shall announce a decision at the end of the hearing.
If the Hearing Officer determines that such person(s) is not liable,
he shall dismiss the matter and shall enter his determination, in
writing, accordingly. If the Hearing Officer determines that the person(s)
is liable for the violation, the Hearing Officer shall forthwith enter
and assess the fines, penalties, costs and/or fees against such owner
and/or occupant as provided by this chapter.
(1)
However, if the person(s) demonstrates intent to rehabilitate or demolish the blighted premises, by the submission of documentation such as construction plans, permits, agreement of all parties with legal interests in the blighted premises, and the availability of funds to pay for such work, satisfactorily to address the allegations as cited, the Hearing Officer may stay the entry of the finding of liability and imposition of penalties and enter a determination, in writing, accordingly. Said stay shall expressly be conditioned upon the rehabilitation or demolition of the blighted premises within a period of time, to be set by the Hearing Officer, not to exceed three months from the date which the stay is granted. If the conditions of the stay have not been completely fulfilled within the time allotted by the Hearing Officer, he shall enter and assess the fines, penalties, costs and/or fees provided by this chapter, commencing from the date of the notice of violation provided pursuant to § 195-4 of this chapter, and including the duration of the stay.
E.
A person(s) against whom an assessment has been entered pursuant
to this chapter 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, together
with an entry fee in an amount equal to the entry fee for a small
claims case pursuant to § 52-259 of the Connecticut General
Statutes at a Superior Court facility designated by the Chief Court
Administrator, which shall entitle such person(s) to a hearing in
accordance with the rules of the judges of the Superior Court.
F.
In the event any owner, 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, agent, tenant or person in control of real property to appeal
from the issuance of said citation, or by such appeal being denied,
the Town of Montville, acting through its designated enforcement officer
issuing such notice of violation, may cause or take such action as
is necessary to correct such violation. The cost to take such action
shall be a civil claim by the Town against such owner, agent, tenant,
or person responsible for such property, and the Town Attorney may
bring an action to recover all such costs and expenses incurred.
G.
Pursuant to § 7-148aa of the Connecticut General Statutes, any unpaid fine imposed by the Town, pursuant to the provisions of this chapter regulating blight and adopted pursuant to Subparagraph (H)(xv) of Subdivision (7) of Subsection (c) of § 7-148 of the Connecticut General Statutes, shall constitute a lien upon the real estate against which the fine was imposed from the date of such fine. Each such lien may be continued, recorded and released in the manner provided by the General Statutes for continuing, recording and releasing property tax liens. Each such lien shall take precedence over all other liens filed after July 1, 1997, and encumbrances except taxes and may be enforced in the same manner as property tax liens.
