For the purposes of this chapter, the following words, terms
and phrases shall have the following meanings unless the context clearly
indicates otherwise. Where terms are not specifically defined in this
chapter, they shall have their ordinarily accepted meaning or such
meaning as the context shall imply.
BLIGHT PREVENTION OFFICER
A Town employee designated by the First Selectman to carry
out the duties specified in this chapter.
BLIGHTED PREMISES
A.
Any residential building, structure, or parcel of land in which
one or more of the following conditions have existed for at least
30 days and are visible from the first or second floor of an adjacent
homeowner's dwelling:
(1)
Missing, broken or boarded-up windows or doors.
(2)
Collapsing or dilapidated roof.
(3)
Collapsing or dilapidated structure.
(4)
Crumbling brick, concrete, or cinderblock walls.
(5)
Seriously damaged, missing or loose siding, gutters, leaders,
shingles or roofing.
(6)
Significant fire or water damage.
(7)
Persistent and excessive amounts of garbage, trash or debris.
(9)
A structure substantially infested with rodents or other pests.
(10)
Overgrown brush, grass or weeds of at least one foot in height
covering a significant portion of the property's front yard,
other than (i) ornamental grass which is part of a landscaped area,
and (ii) areas identified as inland wetlands.
(11)
Trees, bushes or other vegetation that overhang and significantly
hinder the use of a street, sidewalk, or driveway.
(12)
One or more fallen trees, except those that have fallen (i)
within the past six months, or (ii) in an area in which trees and
brush exist in a natural, unlandscaped state.
B.
Notwithstanding the above, the following shall not be considered
to constitute a blight condition: (i) debris which is part of a construction
project subject to a valid building permit; (ii) a condition which
is subject to a pending insurance claim; (iii) material in a compost
pile; or (iv) firewood in a neatly stacked pile.
CITATION HEARING OFFICER
An individual appointed by the First Selectman to conduct
citation hearings under this chapter.
DISABLED INDIVIDUAL
A person who has a disability as that term is defined under
the Americans With Disabilities Act of 1990, as amended.
LOW-INCOME INDIVIDUAL
A person whose household income is less than 200% of the
federal poverty level used for purposes of determining Medicaid eligibility.
NAMED PARTY
With respect to residential property which may be a blighted
premises, the owner or owners and such tenants, agents, or other persons
in control of the premises that the Blight Prevention Officer determines
are appropriate to be included as a named party.
No owner, tenant, agent, or other person in control of residential
real estate shall maintain, cause to be maintained, or allow any blighted
premises.
The Blight Prevention Officer shall investigate conditions that come to his attention that could lead a property to be considered a blighted premises. In cases in which the Blight Prevention Officer determines that a probable violation of §
7A-3 of this chapter may exist, he or she shall contact the owner(s) and such tenants, agents or other persons in control as he or she deems appropriate. The Blight Prevention Officer shall attempt to achieve a voluntary abatement of the conditions in question.
The Blight Prevention Officer and other Town officials may enter
property during reasonable hours for the purpose of remediating blighted
conditions. This chapter does not authorize entry into a dwelling
house or structure on such property.
In the case of a matter referred to the Blight Review Board,
the Blight Prevention Officer shall prepare a written notice of hearing,
which shall include the following:
A. The location of the premises where the violation is alleged to occur.
B. A description of the probable violation and the conditions evidencing
such violation.
C. A statement that a hearing of the Blight Review Board will be held
to determine (i) whether a violation in fact exists, (ii) the actions
to be taken to abate such violation, and (iii) the date by which such
violation shall be fully abated.
D. All named parties who are served the notice are required to appear
at the hearing.
E. The location, time, and date, which shall not later than 30 days
following delivery of the notice of the hearing.
The Blight Review Board shall hold a hearing under §
7A-6 of this chapter within 30 calendar days of the date notice is served under §
7A-8 of this chapter. All interested persons shall be given the opportunity to present evidence on the question of whether a violation of this chapter has occurred. If a named party fails to appear, the Blight Review Board may nevertheless determine whether a violation has occurred, provided the Board has determined that notice was properly served in accordance with §
7A-8 of this chapter.
Upon the determination of the Blight Review Board that a violation
of this chapter exists, the Blight Prevention Officer shall send a
written notice of violation to each named party. The notice shall
state:
B. The date by which the violation shall be remedied;
C. That the failure of a named party to remedy the violation within the prescribed time shall result in the issuance of a citation in accordance with §
7A-15 of this chapter;
D. The amount of the daily civil penalties and other fines imposed under
this chapter; and
E. That if the named party fails to remedy the violation, the Town may
cause remediation at the expense of the named party.
Notwithstanding the provisions of §
7A-10 of this chapter, the Blight Enforcement Officer may, at his or her discretion, grant to any named party one thirty-day extension of the time to remediate the violation.
Violations of the provisions of this chapter shall be punishable by a civil penalty not to exceed $100 for each day a violation exists and continues beyond the date required for remediation set forth in the notice of violation under §
7A-11 of this chapter. Violators will also be responsible for all costs and expenses associated with enforcement and the collection of any civil penalties, which shall include, but shall not be limited to, attorney fees, court costs, mailing costs and filing fees.
Any unpaid civil penalty or other fine imposed under this chapter,
and any and all costs and expenses incurred by the Town for the enforcement
of this chapter, shall constitute a lien upon the real estate against
which the civil penalty or other fine was imposed from the date of
such civil penalty or fine.
If the Citation Hearing Officer determines that a named party
is liable for the violation, the Town may cause or take such action
as is necessary to correct the violation. All costs and expenses of
such corrective action shall be a lien upon the real estate.