[HISTORY: Adopted by the Town Council of
the Town of Wethersfield 7-7-1997; amended in its entirety 1-6-2020. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 63.
Numbering of buildings — see Ch. 65.
Dog waste — See Ch. 70.
Environmental Code — See Ch. 75.
Fire prevention — See Ch. 83.
Lighting — See Ch. 101.
Solid waste — See Ch. 136.
Trees and shrubs — See Ch. 153.
Abandoned and inoperable vehicles — See Ch. 160.
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").
A.
This code is intended to protect, preserve and promote public health,
safety and welfare; to prevent and control the incidence of communicable
diseases; and to reduce environmental hazards to health, safety and
welfare, insofar as they are affected by the maintenance of residential
and nonresidential structures, equipment and premises as provided
by this code. This code is also further intended to provide minimum
standards governing the condition, occupancy and maintenance of occupied
and unoccupied premises and establish reasonable safeguards for the
health, safety and welfare of the occupants and users of said premises,
the community and the general public. This code is further intended
to maintain and preserve the beauty of the neighborhoods and to allow
for control of blighted premises.
B.
This code shall establish minimum standards and responsibilities
for the maintenance of all premises and delegates administrative responsibility
and enforcement powers and creates enforcement procedures.
C.
This code is adopted in accordance with the provisions of Connecticut
General Statutes §§ 7-148, 7-148aa and 7-152c.
A.
Applicability.
(1)
This code shall apply uniformly to the maintenance, use and occupancy
of all premises now in existence or hereafter constructed, maintained
or modified and shall include:
(a)
Dwellings or dwelling units, including one-family and two-family
dwellings and multiple dwellings.
(b)
Lots, plots or parcels of land or building(s), whether vacant
or occupied.
(c)
Buildings of non-dwelling use, including commercial and/or industrial
properties.
(d)
Accessory structures accessory to any building.
(e)
All apartments, boarding houses, group homes, lodging houses,
rooming houses, tenement houses and unrelated family units.
(2)
This code shall not apply to barns as identified in the book "Wonderful
Barns of Wethersfield," copyright 1994, by Eleanor Buck Wolf, or to
any other barn built before 1900, except when the Town Manager or
his/her designee determines that existing conditions pose a threat
to the health, safety and/or welfare of the public.
The following definitions apply to this chapter:
A structure, the use of which is customarily incidental and
subordinate to that of a principal building, structure or use on the
same lot.
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:
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;
It is not being maintained, as evidenced by the existence, to
a significant degree, of one or more of the following conditions:
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;
Collapsing, damaged, missing or deteriorating exterior walls,
roofs, stairs, porches, handrails, railings, basement hatchways, chimneys,
flues or floors;
Exterior walls which contain holes, breaks, loose or rotting
materials;
Foundation or mason walls are damaged, collapsing, crumbling
or contain open cracks and breaks;
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;
Rat and/or vermin infestations;
Garbage or trash improperly and/or persistently stored or accumulated
on the premises;
Structurally faulty conditions;
Unrepaired fire or water damage;
Substantially damaged or missing siding;
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;
Screening which contains tears or ragged edges;
In the case of fences, broken or rotted boards or in an otherwise
dilapidated condition; or
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).
It is attracting illegal activity as documented in Police Department
records;
It is a fire hazard as determined by the Fire Marshal;
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;
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.
Includes any applicable amendments.
Any person, institution, foundation, entity or authority
which owns, leases, rents, possesses or is responsible for property
within the Town.
Any premises or parcel of land within 1,000 feet of blighted
premises.
A.
Signs. All permanent signs and billboards exposed to public view
permitted by reason of other ordinances or laws shall be maintained
in good repair. Any signs which have excessively weathered or faded
or those upon which the paint has excessively peeled or cracked or
whose supporting members have deteriorated shall be removed forthwith
or put into a good state of repair by the owner of the sign.
B.
Awnings and marquees. Any awning or marquee and its accompanying
structural member which extends over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event that such
awnings or marquees are not properly maintained in accordance with
the foregoing, they shall, together with their supporting members,
be removed forthwith. In the event that said awnings or marquees are
made of cloth, plastic or of similar materials, said cloth or plastic,
where exposed to public view, shall be maintained in good condition
and shall not show evidence of excessive weathering, ripping, tearing
or other holes. Nothing herein shall be construed to authorize any
encroachment on streets, sidewalks or other parts of the public domain.
A.
Every owner/occupier of properties upon which a building exists,
or who is in possession of a vacant lot in an approved subdivision
which fronts on a paved public road and to which a public water and/or
public sewer lateral has been provided, shall cut, to a height of
not more than eight inches, all grass, weeds and similar vegetation
not planted as a crop to be harvested or for ornamental purposes.
B.
Every owner/occupier of property shall keep his property free from
vegetation of any type which, in the opinion of the Town Manager or
his/her designee, is injurious to public health.
C.
Any violation of § 122-6A or 122-6B shall constitute a nuisance which may be abated by the Town at the expense of the owner, lessor, lessee or any other person in possession or any one or more of them to whom the Town Manager or his/her designee has given not less than 10 days' written notice of intention to abate such nuisance. Such expense may be collected by the Town in a civil action against any one or more of the above-named person responsible therefore.
A.
Accumulation restricted. It shall be unlawful for an owner/occupier
to allow solid waste to accumulate on premises in the Town in such
a manner as to create an offensive, unsightly or unsanitary condition.
B.
Storage requirements. In the event that property usage would result
in the stacking or piling of materials, including equipment and appliances,
even if wanted and useful, they must be so arranged as to prohibit
the creation of a blighting factor to their neighbors. Furthermore,
all useful, wanted material, including equipment and appliances, stored
out-of-doors shall be stored in an orderly fashion in the rear yard.
C.
Throwing or depositing in Town. It shall be unlawful for any person
to throw or deposit solid waste, material designated recyclable or
recyclables in any part of the Town in such a manner as to create
an offensive, unsightly or unsanitary condition. Property owners shall
maintain their property litter free.
D.
Throwing or depositing on streets, sidewalks and public grounds.
It shall be unlawful for any person to throw or deposit solid waste,
material designated recyclable or recyclables upon streets or sidewalks,
in any catch basin, drain or watercourse or in parks or any public
grounds in the Town, except that solid waste, material designated
recyclable and recyclables may be deposited in proper containers.
A.
Any individual, civic organization, municipal agency, or Town employee
affected by the action or inaction of an owner/occupier of property
subject to the provisions of this chapter may file a complaint of
violation of this chapter with the Town Manager. The Town Manager
or his/her designee, upon his or her determination whether there is
a violation of this chapter, shall forward a notice letter to the
owner/occupier at the time such determination has been made.
B.
Such notice letter from the Town Manager or his/her designee shall
be issued prior to issuing a citation.
C.
Such notice letter shall include:
(1)
A description of the real estate sufficient for identification, specifying
the violation(s) which are alleged to exist and the remedial action
required;
(2)
A due date, within a reasonable time, as determined by a Town enforcement
officer, for the performance of any act required; and
(3)
The amount of the fines, penalties, costs or fees that may be imposed
for noncompliance.
D.
The owner/occupier may not contest a warning.
E.
Delivery of a notice letter or citation to the owner/occupier shall
be by one of the following methods:
(1)
By personal delivery to the owner/occupier or by leaving the citation
or notice letters at the usual place of abode of the owner/occupier
with a person of suitable age and discretion;
(2)
By certified or registered mail addressed to the owner/occupier at
his or her last known address, as on file at the Assessor's Office,
with postage prepared thereon; or
(3)
By posting and keeping posted for 24 hours a copy of the citation
or notice letter in placard form in a conspicuous place on the premises.
F.
Changes of address must be on record in the Assessor's Office
within 30 days of change and is the sole responsibility of the owner
to notify the Town.
A.
If the corrective actions specified in the notice letter are not
taken, the Town Manager or his/her designee may issue a written citation
to the owner/occupier.
B.
A citation shall be in writing and include:
(1)
A description of the real estate sufficient for identification and
a description of the violation which exists.
(2)
The amount of the fines, which may not exceed $100 per violation.
Each day such violation exists shall constitute a separate offense
and a separate citation may be issued. Any fee or fine imposed in
this section may accrue interest to the maximum amount permitted by
law.
C.
No fee or fine shall be due while a reconsideration, hearing or appeal
is pending in the matter; however, such action shall not prevent further
accumulation of the penalty if the order is upheld.
D.
The imposition of any fees or fines under this article shall not
be construed to prevent the enforcement of other laws upon the premises
nor to prevent the initiation of other enforcement measures or penalties.
F.
In lieu of citation and in accordance with § 7-148(c)(7)(E)
of the Connecticut General Statutes, if the owner of any property,
the condition of which constitutes an immediate threat to life, health,
or safety or is otherwise unfit for human habitation, fails to comply
with any order to repair or remove any building or portion thereof,
or otherwise remediate the property, issued pursuant to the General
Statutes or to the Code of Ordinances of the Town or when there exists
actual and immediate danger upon the property, so as to endanger life
or property, the official charged with enforcement of such provisions
may proceed forthwith to cause to be done all work required to be
done in compliance with such an order, and if necessary, to demolish
or secure any structure or structures covered by any such order, and
the Town shall have a lien on such property for the cost of such work
or demolition, except that when no imminent danger exists, the owner
of the property shall be given written notice of the Town's intention
to undertake said work at least 10 days prior to the commencement
there of, and the Town may recover all costs of the work or demolition,
including any fees or interest related to completing said work, from
the owner of such property by appropriate proceeding on complaint
of said official. If the issue is of a persistent and recurring nature,
the first ten-day notice will satisfy all future notice requirements
for the same or similar violations.
G.
Failure to pay any fee or fine arising from the enforcement of this
article shall constitute a debt in favor of the Town and shall constitute
a lien upon the real estate against which the fee or fine was imposed
from the original date of such fine or fee. Each such lien may be
continued, recorded and released in the manner provided by the Connecticut
General Statutes (CGS) for continuing, recording and releasing property
tax liens. Interest related to the lien will accumulate from the date
of recording to the date of payment and will be added to the amount
owed at the time of payment. Each such lien shall take precedence
over all other liens and encumbrances filed after the effective date
provided in the CGS to the fullest extent permitted by law, except
taxes and may be enforced in the same manner as property tax liens.
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.
A.
Where terms are specifically defined or the meanings of such terms
are clearly indicated by their context, those meanings are to be used
in the interpretation of this code.
B.
Where terms are not specifically defined and such terms are defined
in the Charter and Municipal Code of the Town of Wethersfield, such
terms shall have the same meanings for the interpretation and enforcement
of this chapter.
C.
Where terms are not specifically defined in this chapter, they shall
have their ordinarily accepted meanings or such meanings as the context
may imply.
D.
The provisions of this code shall not be construed to prevent the
enforcement of other codes, ordinances or regulations of the Town
of Wethersfield.
E.
In any case where a provision of this code is found to be in conflict
with a provision of any zoning, building fire, safety or health ordnance,
regulation or other provisions of the Charter and Municipal Code of
the Town of Wethersfield or the State of Connecticut, the provision
which establishes the higher standard for the promotion and protection
of the health and safety of the people of the Town of Wethersfield
shall prevail.
