[Ord. 3/4/13]
It is hereby found and declared that there may exist within
the Town of Brooklyn any number of blighted premises. It is further
found that the existence of these blighted premises adversely affects
neighborhood property values within the Town and may threaten the
health, safety, or general welfare of its residents and citizens.
This ordinance is enacted pursuant to the authority granted to the
Town of Brooklyn under Connecticut General Statute's section
7-148(c) (7) (H) (xv).
[Ord. 3/4/13]
As used in this section, the following terms shall have the
meanings indicated:
AGRICULTURAL
Shall mean any premises or portion of a premises or parcel of land that is used for agricultural purposes as defined in the General Statutes, State of Connecticut, Rev. of 1958; Title 1, Chapter
1, Sec.
1-1 (q).
BLIGHTED PREMISES
Shall mean:
a.
Any building, structure, or parcel of land that has been determined
to pose a serious or immediate threat to the health, safety or general
welfare of the community by the Zoning Enforcement Officer, Building
Official, Director of Health, Fire Marshal, or any official acting
within the scope of their authority as designated by the First Selectman.
b.
Any building, structure, or parcel of land not being maintained
as evidenced by two or more of the following conditions:
1.
A building or structure in a state of dilapidation or decay.
2.
Missing, broken, or boarded windows or doors.
3.
Collapsing or deteriorating exterior walls, roofs, stairs, porches,
or chimneys.
4.
Exterior walls which contain holes, breaks, loose or rotting
materials or are covered by temporary materials.
5.
Deteriorating foundation walls that contain open cracks or breaks.
6.
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, porches, stairways, fire escapes, any of
which show dilapidation or improper building materials or construction,
and standpipes and exhaust ducts which contain rust or other dilapidation.
7.
Exterior evidence of vermin infestation.
9.
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.
10.
Fencing in a dilapidated condition.
11.
Evidence of graffiti or vandalism.
c.
Remains of a structure that has been damaged by fire or other
casualty and which is exposed to the elements and no longer serves
the purpose for which it was constructed.
d.
Any building, structure or parcel of land which creates substantial
and unreasonable interference with the use and enjoyment of surrounding
residential properties as evidenced by neighborhood complaints, fire,
public safety or health department reports.
DEBRIS
Shall mean 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 parts of automobiles, furniture, appliances, cans, boxes,
scrap metal, tires, batteries, containers, and garbage. This definition
shall not be applicable to premises that are a junkyard licensed by
the State of Connecticut.
DECAY
Shall mean a wasting or wearing away; a gradual decline in
strength, soundness or quality; to become decomposed or rotten, except
a contained compost pile.
DETERIORATING
Shall mean to become or make something worse in quality,
value, or strength.
DILAPIDATION
Shall mean to become, or make something become, partly ruined
or decayed, especially through neglect.
MAINTAINED
Shall mean to keep in good condition and take care of so
that its value is sustained.
OWNER
Shall mean any person, firm, institution, partnership, corporation,
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 public records.
[Ord. 3/4/13]
No owner of real property within the Town of Brooklyn shall
cause or allow blighted premises to be created, nor shall any owner
allow the continued existence of blighted premises.
[Ord. 3/4/13]
The term blighted premises shall not include:
a. That portion of any structure, building or parcel of land that can
be shown by the owner, at the time of a complaint, to have been used
for agricultural purposes during any period within the preceding five
years.
b. Any building or structure for which a current building permit has
been issued.
[Ord. 3/4/13]
The First Selectman shall appoint the Blight Enforcement Officer.
The First Selectman reserves the right to use any or all of the following
officials to assist in determinations for any service as deemed necessary:
the Zoning Enforcement Officer, Building Inspector, Fire Marshal,
Town Attorney or such other person as designated by the Town, acting
within the scope of such official's authority. The Blight Enforcement
Officer shall have the authority to interpret and enforce the provisions
of this section.