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:
BLIGHTED PREMISES
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:
A.
The Blight Enforcement Officer determines that existing conditions
pose a serious threat to the health and safety of persons in the Town.
B.
It is not being maintained and contributes to housing decay,
as evidenced by one or more of the following existing conditions,
or combination thereof:
(1)
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;
(2)
Premises containing accumulated debris; and
(3)
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.
C.
It is attracting illegal activity as evidenced by the following:
(1)
Multiple felony or misdemeanor arrests on the premises;
(2)
Abandoned and/or vacant building or structure devoid of water,
sewer, utility function or service that has become an illegal residence.
D.
Is a fire hazard as determined by the Fire Marshal or documented
via fire department records.
E.
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.
DEBRIS
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.
DECAY
A wasting or wearing away; a gradual decline in strength,
soundness or quality; to become decomposed or rotten, except a contained
compost pile.
HEARING OFFICER
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 ACTIVITIES
Illegal conduct at the premises or property as documented
in police department records.
ILLEGAL RESIDENCES
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.
LEGAL OCCUPANCY
Occupancy in accordance with state building, state fire,
local zoning or housing codes, or all other pertinent codes and Connecticut
General Statutes.
MAYOR
The Mayor of the Town of Montville or a person designated
by the Mayor to act on his or her behalf.
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
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.
PUBLIC VIEW
Visible from any public right-of-way or neighboring property,
at grade level.
VACANT
A continuous period of 60 days or longer during which a building
or structure or part thereof is not legally occupied by human beings.
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.