[Adopted by the Board of Selectmen effective 9-25-2001; 10-18-2004; 8-20-2012; amended
in its entirety 8-16-2021 (§ 180
of the prior compilation)]
This article is authorized pursuant to C.G.S. § 7-148(c)(7)(H)(XV).
It is hereby found and declared that there exists within the Town
of Winchester a number of taxable and tax-exempt real properties containing
vacant, blighted buildings and that the existence of such vacant and
blighted buildings contributes to the decline of neighborhoods. It
is further found that the existence of vacant and blighted buildings
adversely affects the economic well-being of the Town and is inimical
to the health, safety and welfare of the residents of the Town. It
is further found that many of the vacant and blighted buildings can
be rehabilitated, reconstructed and reused so as to provide decent,
safe and sanitary housing and ancillary commercial facilities, and
that such rehabilitation, reconstruction and reuse would eliminate,
remedy and prevent the adverse conditions described above.
The purpose of this article is to protect the public health,
safety and welfare as follows:
A.
By establishing minimum standards governing the maintenance, appearance
and condition of residential and nonresidential premises.
B.
By authorizing and establishing procedures for enforcement, inspection
and penalties, including a means by which the record owner of real
property used as a dwelling may obtain relief from enforcement upon
a showing of good faith efforts to take corrective measures or upon
a showing that a certain hardship exists.
For the purposes of this article, the following words and terms
shall have meanings respectively described as follows:
Any real property on which there is a vacant structure:
Any building or structure or any parcel of land on which
at least one of the following conditions exists shall be considered
blighted:
It is becoming dilapidated as defined herein.
It is not being maintained as defined herein.
It is a fire hazard as determined by the Fire Marshal or documented
by the Fire Department or the Building Department.
It is unsanitary as determined by report of the Department of
Health that existing conditions constitute a life-threatening hazard
or a hazard that puts at risk the health or safety of the citizens
of the Town.
It is a factor creating a substantial and unreasonable interference
with the reasonable and lawful use and enjoyment of other space within
the neighborhood.
It is a substantial factor causing serious depreciation of the
property values in the neighborhood.
There exist at the property conditions promoting rodent harborage
and/or infestation.
There exist at the property overgrown shrubs, brush or weeds.
Parking lots/areas are left in a state of disrepair or abandonment
and/or are used to store abandoned or unregistered vehicles.
Chimneys and similar appurtenances are in a state of disrepair.
Overhanging extensions, including but not limited to canopies,
marquees, signs, awnings, stairways, fire escapes, standpipes and
exhaust ducts, contain rust or other decay.
It is factor creating the cancellation of insurance on proximate
properties.
Graffiti exists at the premises.
Garbage on the property is not stored in standard containers
and/or is scattered throughout the yard.
The property contains dead, decayed, diseased or damaged trees
that constitute a hazard or danger or are objectionable to adjacent
premises or the occupants thereof or to public property or persons
lawfully there.
Noxious plants such as poison ivy, poison sumac, poison oak
or ragweed are allowed to grow unchecked on the property.
There exists on the property stagnant or unsanitary water in
which mosquitoes may breed; garbage, sewage, excrement, manure or
other foul, decayed, putrid, unwholesome, deleterious or offensive
thing or substance; animal carcasses or parts thereof; or trash, rubbish,
rubble, tires, brush, used materials or discharged items of little
or no value.
Refuse or filth is discharged from the property into a stream,
well, spring, brook, ditch, pond, river or other inland waters within
the Town, or such substances are placed on the property in such position
that high water or natural seepage will carry the same such waters.
The person designated by the Town Manager to enforce this
article.
A written statement of the relevant conditions and facts
giving rise to the specified violation, including a reference to the
specific section of this article which has been violated and the amount
prescribed as a fine for the violation(s).
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 or collections of equipment such
as automobiles, boats and recreation vehicles which are missing parts,
not complete in appearance and in an obvious state of disrepair; and
parts of automobiles, furniture, appliances, cans, boxes, scrap metal,
tires, batteries, containers and garbage.
A wasting or wearing away; a gradual decline in strength,
soundness or quality; to become decomposed or rotten.
The condition of a building or part thereof characterized
by substantial holes, breaks, rot, crumbling, peeling, rusting or
other evidence of physical decay or neglect, lack of maintenance or
excessive use as determined by the Blight Official.
A building is considered dilapidated if any of the following
conditions exists:
The structure is unable to provide shelter or to serve the purpose
for which it was constructed due to poor conditions.
Any walls, supports, floors or foundations appear to be poorly
maintained or in disrepair to an extent that presents a safety concern.
Damage exists from fire, wind or other causes so that the building
is unsightly and no longer provides shelter from the elements and
has become dangerous to the life, safety or general health and welfare
of the occupants or the residents of the Town.
There are missing, broken or improperly boarded windows or doors.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and/or eating. Said
dwelling unit shall be maintained clean and free of debris and secured
against entry. All openings to the first floor and cellar basement
shall be secured. All upper floors shall comply with all state and
local fire safety codes, laws, ordinances and regulations.
Each increment of 1,500 square feet or less shall be the
equivalent of a dwelling unit for purposes of this article of the
Winchester Code of Ordinances.
Land dedicated as a public or semipublic open space, land
preserved in its natural state through conservation easements or areas
designated as inland wetlands and watercourses shall be exempted from
this article. Properties acquired by the Town of Winchester through
foreclosure, etc., shall be exempted from this article for a period
of nine months post-acquisition.
Any premises or part thereof or any building or any part
thereof which may be lawfully viewed by the public.
Open space on the premises outside of any building thereon.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food, or the keeping
of pets or other animals.
The human habitation of the dwelling unit that is legal by
virtue of compliance with state and local building and fire safety
codes, local zoning, state and local housing codes and all other pertinent
codes, laws, statutes and regulations and the supplying of proof of
occupancy evidenced through a bona fide lease agreement, rent receipt
or utilities statement.
Any discarded, used or unconsumed substance or waste material,
whether made of aluminum, glass, plastic, rubber, paper or other natural
or synthetic material, or any combination thereof, including but not
limited to any bottle, jar or can or any top, cap or detachable tab
of any bottle, jar or can; any unlighted cigarette, cigar, match or
any flaming or glowing material; or any garbage, trash, refuse, debris,
rubbish, grass clippings or other lawn or garden waste, newspaper,
magazine, glass, metal, plastic or paper containers or other packaging
or construction material which has not been deposited in a receptacle.
An area of the Town of Winchester with characteristics that
distinguish it from other areas of the Town of Winchester and which
may include but not be limited to distinct ethnic and/or economic
characteristics, schools and/or social clubs, and/or boundaries defined
by physical barriers, including but not limited to major highways
and/or railroads and/or natural features, including but not limited
to rivers and/or streams.
A structure is not being maintained if any of the following
conditions apply:
Siding, roofing or gutters are damaged, missing or show signs
of disrepair.
Windows or doors are missing or improperly boarded over.
Garbage, trash, litter, rubbish or debris is situated on the
premises.
Abandoned, wrecked or junked motor vehicles are stored on the
premises.
Lawns, landscaping or driveways are deteriorating or unkempt.
Trees, shrubs, hedges, grass or plants block or interfere with
any road sign or obstruct any walkway, driveway or street.
A unit of land.
Any parcel of land or plot of land, either occupied or unoccupied
by any dwelling or nondwelling structure, and includes any such building,
accessory structure or other structure thereon, or any part thereof.
The term "premises," where the context requires, shall be deemed to
include any buildings, dwellings, parcels of land or structures contained
within the scope of this article.
Visible from any public right-of-way or neighboring property.
Any nonputrescible waste materials, except ashes, including
but not limited to paper, cardboard, tin cans, wood, glass, bedding,
furniture, crockery, appliances, junk automobiles, demolition material,
tree limbs and industrial wastes.
Any building, dwelling, fence, swimming pool or similarly
constructed object.
Any space within a building that is or can be rented by or
to a single person or entity for his or its sole use and is intended
to be a single and distinct space.
No owner of any building or structure in the Town of Winchester
shall cause blighted premises to be created or maintained.
A.
Any individual affected by the action or inaction of an owner of
a dwelling unit or other space subject to the provisions of this article,
any civic organization and any appropriate municipal agency may file
with the Blight Official, in writing, a complaint of violation of
any of these sections.
B.
If the Blight Official has reason to believe that an owner has violated
the provisions of this article, the Blight Official shall serve a
notice of violation and an order to correct such violation on the
owner of record of the property. The order shall require the owner
to comply with the requirements of this article in the manner specified
in said order within 14 days. A copy of the order shall be filed with
the Town Clerk, and any subsequent purchaser of the property shall
be subject to such order.
C.
The Blight Official shall submit to the Town Manager a monthly report
listing the notices of violation served in the previous month.
D.
Any owner who is aggrieved as a result of being served with a notice
of violation in accordance with this article may, within 10 days of
receipt of the notice, appeal to the Board of Selectmen for revocation
of the notice.
E.
The Board shall submit its decision to the Blight Official within
10 days of the hearing held on the notice of violation and order to
correct issued by the Blight Official.
A.
Violation of the provisions of this article shall be punished by
a penalty of not more than $99 for each dwelling unit or for the equivalent
amount of other space. Each day a dwelling unit or equivalent amount
of other space is in violation of this article shall constitute a
separate offense.
B.
Citation; lien on property.
(1)
The provision of this article may be enforced by citation, in addition
to other remedies, in accordance with C.G.S. § 7-152c. Town
of Winchester code enforcement officials have authority to issue citations.
(2)
Unpaid fine to constitute lien. Any unpaid fine imposed pursuant
to the foregoing anti-blight citation hearing procedure shall constitute
a lien upon the real property against which the fine was imposed from
the date of such fine in accordance with C.G.S. § 7-148aa.
Said lien shall be continued, recorded, released and enforced as provided
for in C.G.S. § 7-148aa.
C.
If any violation remains unabated after seven days, any police officer,
the Zoning Enforcement Officer, Blight Officials, Fire Marshal or
other person authorized by the Town Manager is hereby authorized to
issue a citation to the violator in accordance with this article.
D.
A citation shall be in writing and include:
(1)
A description of the real estate sufficient for identification, specifying
the violation which is alleged to exist and the remedial action required;
(2)
Detailed information regarding the contents of the notice letter
(which may be a copy of such notice letter) and the failure of the
owner/occupier to take the corrective actions specified therein;
(3)
The amount of the fines, penalties, costs or fees due for noncompliance;
and
(4)
A statement that the owner/occupier may contest his liability and
request a hearing before the Citation Hearing Board by delivering
in person or by mail written notice of objection within 10 days of
the date of the citation.
E.
Such penalty shall exist as a lien against the premises wherein said
violation exists and may be recorded upon the land records of the
Town of Winchester. Such lien shall be continued, recorded, released
and enforced as provided in C.G.S. § 7-148aa, as amended.
Each lien shall take precedence over all other liens and encumbrances
except for taxes. Each lien may be enforced in the same manner as
property tax liens, including the foreclosure of the real property.
F.
If, after the notice of violation has been issued or a lien placed
on the property, the property is transferred to a bona fide purchaser,
the new owner of the premises shall have a period of 30 days to bring
the property into compliance with the notice of violation previously
issued without penalty.
A.
The Town Manager may, but shall not be required to, take such remedial
action to secure and/or improve the premises to protect public health
and safety and/or property values of the surrounding neighborhood
by remediation as permitted under court order, other applicable law
or this article.
C.
Remediation shall only be authorized by the Town Manger if the estimated
cost of such remediation is duly appropriated in the applicable fiscal
year budget or by special appropriation.
D.
If a right of entry is authorized by the Town Manager, the Town Manager
shall give notice of such authorization to the owner. Notice to the
owner(s) shall be sufficient if sent by both regular and certified
mail, return receipt requested, to the last known address for the
owner and/or posted in a conspicuous place in or about the dwelling
affected by the notice. Such notice shall be set forth in writing
and shall contain the following:
(1)
A statement that the Town Manager has authorized designated agents
of the Town to enter the premises during reasonable hours for the
purpose of remediating the blighted premises.
(2)
A date by which the violation(s) must be corrected in order to avoid
entry by designated agents of the Town pursuant to this article. Such
compliance date shall not be less than 15 days from the date of the
notice.
(3)
A statement that the authorization may be appealed to the Board of
Selectmen within 10 days from the date of the notice.
E.
No agent or agents of the Town shall enter any dwelling house or
structure for the purposes of remediating blighted conditions. Entry
and remediation shall only be during weekday daylight hours.
F.
The owner of the blighted premises shall be liable for the costs
of remedial actions taken pursuant to this section. Such costs shall
exist as a lien against said premises and may be recorded upon the
land records of the Town of Winchester and may be enforced in the
same manner as property tax liens.
In addition to all other remedies and any fines imposed herein,
the provisions of this article may be enforced by civil proceedings
in Superior Court, including injunctive relief. The Town may recover
from such owner/occupier or other responsible person any and all costs
and fees, including reasonable attorneys' fees, expended by the Town
in enforcing the provisions of this article.
In the event that any part or portion of this article is declared
invalid for any reason, all the other provisions of this article shall
remain in full force and effect.
A.
The provisions in this article shall not be construed to prevent
the enforcement of the other statutes, codes, ordinances or regulations
which prescribe standards other than as are provided in this article.
B.
This article is not intended to affect violations of any other ordinances,
codes or regulations existing prior to the effective date of this
article, and any such violations may be governed and continue to be
punishable under the provisions of those ordinances, codes or regulations
in effect at the time the violation was committed as well as this
article.
C.
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance,
regulation or other code of the Town or state, the provision which
establishes the higher standard for the promotion and protection of
the health and safety of the public and/or the property values in
the Town of Winchester shall prevail.
