This chapter shall be known as the "Property Maintenance Code
of the Town of Wethersfield" ("this code") and the standards established
by this code shall be referred to as and constitute the minimum property
standards of the Town of Wethersfield ("Town").
The following definitions apply to this chapter:
ACCESSORY STRUCTURE
A structure, the use of which is customarily incidental and
subordinate to that of a principal building, structure or use on the
same lot.
BLIGHTED PREMISES
A.
Any building or structure, or any part of a structure that is
a separate unit, or a parcel of land, or any accessory structure,
or fence, in which at least one of the following additional conditions
exists:
(1)
The Town Manager or his/her designee determines that existing
conditions pose a serious threat to the health, safety and welfare
of the persons in town;
(2)
It is not being maintained, as evidenced by the existence, to
a significant degree, of one or more of the following conditions:
(a)
Missing, broken, inadequately secured or boarded windows, doors
or other openings into the building. Any such openings that are boarded
must be done so in a manner approved by the Building Department;
(b)
Collapsing, damaged, missing or deteriorating exterior walls,
roofs, stairs, porches, handrails, railings, basement hatchways, chimneys,
flues or floors;
(c)
Exterior walls which contain holes, breaks, loose or rotting
materials;
(d)
Foundation or mason walls are damaged, collapsing, crumbling
or contain open cracks and breaks;
(e)
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, stairways fire escapes, standpipes and exhaust
ducts, which contain rust, damage, collapsing or other decay;
(f)
Rat and/or vermin infestations;
(g)
Garbage or trash improperly and/or persistently stored or accumulated
on the premises;
(h)
Structurally faulty conditions;
(i)
Unrepaired fire or water damage;
(j)
Substantially damaged or missing siding;
(k)
Persistent existence of one or more vehicles on the property that are inoperable or in a state of disrepair or major disassembly or in the process of being stripped or dismantled, including cars, trucks, campers, motorcycles, boats, mowers, and farming and construction equipment, any one of which may also have missing doors or windows, holes, rust or obvious physical decay or used for storage purposes. State licensed repair facilities may be exempt, as well as persons receiving approval under Chapter
160;
(l)
Screening which contains tears or ragged edges;
(m)
In the case of fences, broken or rotted boards or in an otherwise
dilapidated condition; or
(n)
Any other exterior condition reflecting a level of maintenance
which constitutes a blighting factor for adjacent property owners
or occupiers or which is an element leading to the progressive deterioration
of the neighborhood. This includes but is not limited to graffiti,
which is defined as the unauthorized application of paint or other
material(s).
(3)
It is attracting illegal activity as documented in Police Department
records;
(4)
It is a fire hazard as determined by the Fire Marshal;
(5)
It is a factor creating a substantial and unreasonable interference
with the use and enjoyment of other premises within the surrounding
areas as documented by neighborhood complaints, police reports, the
cancellation of insurance on proximate properties;
(6)
It is a parcel consisting of a dwelling, multiple dwelling or
mixed commercial use property/properties which has been vacant for
an extended period of time. An extended vacancy means a period of
120 days or longer, during which time the property has at least one
additional violation enumerated under any Town ordinance. Said property
being vacant for more than 120 days and having at least one additional
violation shall be required to submit a property safety plan to the
Building and/or Fire Marshal's Office and/or Central Connecticut Health
District and may be subject to inspection.
OWNER/OCCUPIER
Any person, institution, foundation, entity or authority
which owns, leases, rents, possesses or is responsible for property
within the Town.
THIRD OR MORE BLIGHT VIOLATION
For the sole purpose of determining if a third or more violation
is occurring, a violation is an instance in which a person who received
a notice of violation of this chapter pursuant to § 112-8
of this chapter has, in the opinion of the citation hearing officer,
previously cured the violation. A third or more blight violation occurs
when three violations have occurred during the prior twelve-month
period or if 120 days have passed from the notice of violation and
the conditions creating such violation have not been cured or when
three or more conditions constituting such violation exist at a property
simultaneously.
In the event that any part or portion of this code is declared
invalid for any reason, all the other provisions of this code shall
remain in full force and effect.