[Ord. of 5-28-2019]
The Town Council finds that blighted or dangerous and unsafe
buildings and other structures may pose a threat to the health, safety
and general welfare of their occupants and other members of the public,
and may reduce the value and unreasonably interfere with the use and
enjoyment of properties in the vicinity of such premises. The Town
Council also finds that buildings and structures within the Town of
New Milford becoming blighted, dangerous, and unsafe, or remaining
in such a condition should not be condoned. This ordinance is enacted
to proactively address said findings.
[Ord. of 05-28-2019]
For the purpose of this article, the following words and terms
shall have the following meanings:
Blight or blighted premises
Any property, building, structure, dwelling or parcel of land, whether occupied or vacant, where any one of the following Subsections
(a) through
(c) exists unless excluded by Subsection
(d):
(a) Any premises in or upon which at least one of the following circumstances
exist:
(1) Conditions that pose a serious or immediate danger to the safety,
health and general welfare of the community as determined by the Building
Inspector, Fire Marshal, Zoning Enforcement Officer, Director of Health,
or Chief of Police;
(2) Conditions that attract, harbor, or conceal illegal activities as
documented in records of the Police Department.
(3) The accumulation, exposure, deposit or burial of any foul, decayed,
putrid or offensive substances, including, but not limited to, garbage,
litter, sewage, animal carcasses or parts thereof or any other refuse
or filth.
(4) Any condition that causes an unreasonably offensive odor, which unreasonably
offensive odor may be smelled or detected on any property other than
that from which the odor emanates.
(b) Any premises not being adequately maintained, as evidenced by the
existence of one or more of the following conditions:
(1) Contains any building or structure that is open to the elements,
has collapsed or is missing walls, roofs, windows, or doors;
(2) Contains any building or structure that is unable to provide shelter,
or serve the purpose for which it was constructed due to significant
damage, dilapidation, decay, or severe animal, rodent, or vermin infestation;
(3) Contains overgrown and unmaintained bushes, hedges, trees, plants
or similar vegetation which physically hinder or interfere with access
to the property or building by any of the emergency services (police,
fire, medical response), or that block or interfere with the use of
any public sidewalk.
(c) Any premises that contains an accumulation of items, material, and
equipment in public view which is incapable of immediately performing
the function for which it is designed, including, but not limited
to:
(1) Discarded or unused materials or equipment such as unregistered motor
vehicles, boats, sporting and recreational vehicles which may have
missing parts, not complete in appearance or in an obvious state of
disrepair or decay;
(2) Parts of the aforementioned motor vehicles, boats, sporting and recreational
vehicles;
(3) Household or commercial furniture, appliances, fixtures, drums, cans,
boxes, scrap metal, glass, tires, batteries, containers, wood, construction
debris, and garbage.
(d) Exclusions:
(1) Notwithstanding the foregoing, the following shall not constitute
blight within the definition of this chapter; such temporary conditions
not to exceed six months in duration, as may be reasonably related
to repair or restoration of building(s) and/or motor vehicles, boats
or recreational vehicles registered in the State of Connecticut to
the subject premises' owner(s) or tenant(s), as determined by the
Building Official, Fire Marshal, Zoning Enforcement Officer, Director
of Health, or Chief of Police, provided that there are no delinquent
taxes or other amounts owed to the Town of New Milford or any agency
or department of the Town of New Milford.
Blight Prevention Board
A board made up of five members: the Fire Marshal, Health
Director, Building Official, Zoning Enforcement Officer and Chief
of Police, all of whom may designate their duties in their absence
or unavailability.
Dangerous structure
Shall mean any building or structure or any part of a building
or structure as defined by Section 116 of the State Building Code.
Disabled individual
In the case of an owner-occupied residence, an individual
who has a disability as that term is defined under the American Disabilities
Act of 1990, as amended.
Elderly individual
In the case of an owner-occupied residence, an individual
aged 65 years or over.
Owner/occupant
Any person, institution, foundation, entity, or authority
which owns, leases, rents, possesses, controls, is responsible for
or occupies any property or premises within the Town of New Milford.
Public view
Visible from any public right-of-way or abutting property.
Premises
Any property, buildings, dwellings, parcels of land, unoccupied
lots or structures within the Town of New Milford.
Structures
Any building, walls, dwellings, fence, swimming pool or similarly
constructed object located above or below ground on any premises,
or structures defined in the New Milford Zoning Regulations, State
Building Code, or State Fire Safety Code.
[Ord. of 05-28-2019]
No owner/occupant shall allow, maintain, or cause to be maintained
any blighted premises and/or dangerous structure within the Town of
New Milford.
[Ord. of 05-28-2019]
The Blight Appeals Board shall consist of three members who
shall be electors of the Town. The members of said Board shall be
appointed by the Mayor subject to the approval of the Town Council.
The initial Board will have two members whose terms commence on May
1, 2019, and end on January 31, 2020, and one member whose term commences
on May 1, 2019, and ends on January 31, 2022. Thereafter, the members
of the Blight Appeals Board shall serve for terms of four years commencing
February 1 and terminating January 31. Any vacancy in any term of
office of a member of the Blight Appeals Board shall be filled pursuant
to the Town Charter.