[HISTORY: Adopted by the Representative Town Meeting of the
Town of Branford 6-9-2021. Amendments noted where applicable.]
A.
This chapter is enacted pursuant to the Municipal Powers Act (Section
7-148 et seq.) of the State of Connecticut General Statutes.
B.
It is hereby found and declared that there may exist within the Town
of Branford a number of real properties (both commercial and residential)
which are vacant and/or in a blighted condition, and whose continued
existence may contribute to the decline of neighborhoods. It is further
found that the existence of such properties adversely affects the
economic well-being of the Town and is inimical to the health, safety,
and welfare of its residents.
C.
This chapter is sensitive to the private property rights of the citizens
of Branford and to fact that a significant number of the instances
of residential blight are the result of extenuating circumstances
caused by limitations resulting from age, physical or mental disability,
and/or economic situations.
D.
The objective of this chapter is to set up a process for addressing
blighted conditions that leads to a successful resolution of those
conditions short of the issuance of a citation or a fine.
E.
In few cases of extreme blight which are not caused by extenuating
circumstances this chapter will provide the Town with administrative
tools to address those conditions. It is further found that many of
those properties can be rehabilitated, reconstructed, or reused so
as to provide decent, safe and sanitary housing or commercial facilities,
and that such rehabilitation, reconstruction, or reuse would eliminate,
remedy and prevent the adverse conditions described above.
A.
No owner of real property located in the Town of Branford shall allow,
create, maintain, or cause to be created or maintained, a blighted
premises.
B.
This chapter shall apply to the maintenance of all residential and
commercial properties now in existence or hereafter constructed, maintained,
or modified but shall exclude: agricultural lands as defined in Section
22-3(b) of the Connecticut General Statues, land preserved in its
natural state through conservation easements or similarly protected
open space, or areas designated as inland wetlands and watercourses.
C.
The following properties shall be exempted from a declaration of
blight:
(1)
Any Town-owned property;
(2)
Any building or structure undergoing remodeling, restoration, repair,
correction of a blight condition, or renovation, as evidenced by a
current and authorized building permit;
(3)
Any building or structure which is actively involved in a legal transfer
with more than nominal consideration of ownership.
A blighted premises is defined as any building, structure or parcel of land, except exempt property as defined in § 124-2 above, in which at least one of the following conditions exist for a period of more than 90 days:
A.
It is dilapidated or is in a state of disrepair as verified by the
Building Official.
B.
It is attracting illegal activity as documented by the Police Department.
C.
It is a fire hazard as determined by the Fire Marshal.
D.
The condition of the building, structure or parcel of land poses
a serious or immediate danger to the safety or poses a risk to the
public health of the community as determined by a report of the Building
Official or the East Shore Health District.
E.
It contains unauthorized outside accumulation of any of the items
listed below:
(1)
Garbage not in trash containers;
(2)
Exposed junk, trash, rubbish, boxes, paper, plastic, inoperable equipment
or refuse of any kind;
(3)
More than one inoperable or unregistered (if applicable) motor vehicle,
boat, motorcycle, or other inoperable machinery (unless the premises
is a junkyard or automotive repair facility legally licensed by the
State of Connecticut) left on the property or the public right-of-way;
(4)
One abandoned motor vehicle, boat, motorcycle, or other inoperable
machinery (unless the premises is a junkyard legally licensed by the
State of Connecticut) left on the property or the public right-of-way;
(5)
Dumpsters which are not connected to an active building permit or
other permit for use, subject to the time period articulated above.
F.
It is a factor creating a substantial and unreasonable interference
with the reasonable and lawful use and enjoyment of other premises
within the neighborhood as documented by neighbor complaints to the
Town, its officers, agents and/or employees.
G.
It is a factor creating cancellation of insurance on adjacent properties.
H.
It is a factor that is seriously depreciating property values in
the neighborhood as evidenced by tax or real estate appraisals.
As used in this chapter, the following terms shall have the
meanings indicated:
Any unregistered, inoperable car, truck, aircraft, camper,
motorcycle or moped, recreational vehicle (e.g., golf cart, snowmobile,
water sled, all-terrain vehicle, etc.), boat or other watercraft,
tractor, cart, trailer, riding mower, or farming or construction equipment,
whether self-propelled or towed, that is intentionally left, forsaken
or deserted. Intent may be determined by an act or omission such as
no use and lapse of time.
A committee consisting of three residents of the Town of
Branford from different districts of the Town appointed by the First
Selectman and approved by the Board of Selectmen to act as the Appeals
Officers in any hearing requested by a person cited through this chapter.
A team assembled by and led by the Blight Prevention Officer
(BPO) which may include:
The East Shore Health Department;
An officer of the Branford Police Department;
A representative from the Branford Counseling and Community
Services Center;
An officer of the Branford Fire Department;
The Town Building Official or designee;
Representatives from other Branford community or neighborhood
organizations if deemed appropriate by the BPO.
An individual appointed by the Board of Selectmen to fulfill
the duties herein.
Any vessel designed for travel on water, with or without
a deck, and propelled by oars, paddles, sail or motor.
An edifice of any kind or any piece of work artificially
built or composed of parts joined together in some form which is built
or constructed on any real property. The words "building" or "structure"
shall be construed as if followed by the words "or part(s) thereof."
Accessory buildings or structures, canopies, awnings, marquees, and
each and every type of portable equipment shall be considered "buildings"
or "structures" within the meaning of this definition.
Yard trimmings, leaves, vegetables or other organic wastes,
which when property stored, will undergo a natural transformation
into compost.
Consecutive calendar days.
A building or structure that is not being maintained as evidenced
by one or more of the following factors which have existed for a period
of six months and which may be considered in that determination: broken,
missing or boarded windows or doors; collapsing or missing walls,
roof or floors; seriously damaged or missing siding; a structurally
faulty foundation; graffiti; fire damage; and/or in such condition
that they would not qualify to receive a certificate of use and occupancy
if one were to be applied for.
A large trash receptacle of greater than four cubic feet
in capacity made of metal or other material and designed to be hoisted
or emptied into a vehicle for removal.
Any area of a lot or site not covered by a building or a
structure and excluding any open porch or deck areas, land trust property
and state and farm properties.
Food wastes, food wrappers, containers, cans, bottles or
any other material that results or remains from the use, consumption
and preparation of food or drink as well as any other expended, used
or discarded materials such as paper, plastic, cardboard, metal, rags,
glass or any other solid waste generated from day-to-day activities
of a household, business or industry, but shall not include properly
prepared and stored recyclable materials or properly maintained compost
areas.
Any letters, numbers, word or words, writings or inscriptions,
symbols, drawings, carvings, stickers, etchings or any other marking
of any nature whatsoever which defaces, obliterates, covers, alters,
damages or destroys the real or personal property of another.
The vehicle which can no longer be used for its intended
purpose but has not been abandoned.
Occupancy that is legal by virtue of compliance with the
State Building Code, State Fire Safety Code, local zoning, local housing
and all other pertinent codes and which habitation shall be substantiated
by a deed, bona fide lease agreement, rent receipt or utility statement.
Any land area devoid of buildings or structures within the
confines of the front, rear and side property lines.
Any motor vehicle which is self-propelled and designed to
travel along the ground and any device or equipment designed to be
towed by a self-propelled vehicle and shall include, but not be limited
to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks,
tractors, go-carts, ATVs, snowmobiles, campers, trailers and parts
thereof.
An area of the Town comprised of premises or parcels of land
within the Town, any part of which is within a radius of 800 feet
of the alleged blighted property.
In spite of.
One or more persons, corporation, limited-liability company,
partnership, jointly or severally in whom is vested all or part of
the legal title to property or all or part of the beneficial ownership
and a right to the present use and enjoyment of the premises and accompanying
land and includes a mortgagee in possession.
Any individual, company, public or private corporation, partnership,
management agent, societies or association or any employee or member
thereof who owns, possesses, controls, leases or manages a parcel
of real estate with the Town. The singular term and the related pronoun
shall include the plural of the masculine and feminine.
Any person or entity which holds title to a property.
Any street or highway which shall include the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular traffic.
All areas of any property that are visible by pedestrian,
vehicular traffic in the public right-of-way and/or visible from private
property designed for use by the general public or from any adjoining
property.
Pertaining to one's residence, place of abode and/or
dwelling.
Denotes measures that assist in making the property inaccessible
to unauthorized persons.
Denotes something that is mandatory, not discretionary.
Materials or substances that are discarded or rejected or
worthless. This includes, but is not limited to, garbage, refuse,
industrial or commercial waste, rubbish, tires, ashes, construction
and demolition debris, inoperable motor vehicles or parts, discarded
household and commercial appliances, shopping carts, discarded furniture
or commercial displays, unstacked wood or tree cuttings, shipping
skids and pallets and bagged or loose grass and lawn clippings, leaves,
weeds and other composting materials not intended to be composted.
Such object or item shall be presumed to be solid waste when it appears
to be discarded, rejected, improperly stacked or stored and/or placed
or left on the grounds or exterior of the property in the view of
neighbors or passersby or general public under circumstances which
meet one or more of the following criteria:
The object(s) produces an offensive smell;
The object(s) is of a type designed for interior use or is made
of materials suitable only for interior use, yet is left outside and
is exposed to the elements;
The object(s) has obviously been discarded;
The object(s) has reached a degree of dilapidation or disrepair
that can reasonably be presumed to render said object incapable of
being used for its original or other reasonable purpose;
The object, despite its condition, is left, placed or stored
in such a manner which appears likely to cause bodily injury or injury
to the property of another.
A period of 60 days or longer during which a building or
structure subject to this chapter is not able to be legally occupied.
A parcel of land with no buildings or structures thereon.
An open, occupied space on a lot.
The open, unoccupied space on a lot from the front of the
main structure to the street line.
The open, unoccupied space from the rear of the main structure
back to the rear property line.
The open, unoccupied space extending from a side property
line, inward toward the middle of said lot.
In the Town's effort to correct housing blight, special
consideration may be given to individuals that are disabled, elderly,
or low income as defined below. If an individual cannot maintain a
reasonable level of upkeep of his owner-occupied residence because
the individual is disabled, elderly or low income, and no capable
person resides in the residence, the Town may give the person a reasonable
amount of time to correct the problem, the duration of which shall
be in the discretion of the Blight Prevention Officer. If needed,
assistance in finding solutions through other agencies of the Town
or other entities will be offered by the Town.
A.
"Capable individual" shall mean a person that can be reasonably expected
to perform maintenance and yard work around a property or premises.
This shall include a person above 18 years of age, without a physical
or mental disability as defined herein.
B.
"Disabled individual" shall mean, in the case of an owner-occupied
residence, an individual who has a disability meeting the definitions
for the mental or physical disability as defined under the Americans
with Disabilities Act of 1990[1] and does not have a household member capable of providing
the necessary maintenance.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C.
"Elderly individual" shall mean an individual over the age of 65,
who does not have a household member capable of providing the necessary
maintenance.
D.
"Low-income individual" shall mean, in the case of an owner-occupied
residence, an individual, or, where more than one person resides in
the premises, a family unit, that has an income below the highest
level of "qualifying income" established by Connecticut General Statutes
Section 12-170d(a)(3).
A.
A Blight Prevention Officer (BPO) shall be appointed by the Board
of Selectmen; however, the BPO shall not be an officer in the Police
Department or a member of the Fire Department.
B.
Remuneration for the BPO shall be at the discretion of the Board
of Selectmen with approval of the Board of Finance and the RTM.
C.
The BPO shall maintain records of actions taken pursuant to this
chapter.
The process for addressing and resolving complaints of a blighted
premises leading to the possible issuance of a citation for violation
shall be as follows:
A.
Receipt of written complaint.
(1)
Upon the observation of the Blight Prevention Officer and/or upon
receiving a written complaint of a possible violation of this chapter
signed by the complainant in his/her legal name, the Blight Prevention
Officer shall initiate an investigation.
(2)
A written complaint shall be a complaint of a condition of blight
submitted on a properly completed official complaint form that has
been issued by the BPO (form made available on Town website) and signed
by the complainant who shall be a resident of Branford, an owner of
property in the Town of Branford, or a municipal official of the Town
of Branford.
B.
Initial investigation.
(2)
The BPO shall visit and observe the actual site to:
(a)
Determine if the complaint falls within the definitions herein
defined as blight and further steps should be taken.
(b)
Determine if there are any obvious or apparent special circumstances
associated with the property which should warrant special consideration.
(c)
Determine if a Blight Investigation Team should be used to resolve
the complaint and, if so, what officials of the Town should be included
on Investigation Team.
C.
Blight Team conference. Based on the initial site screening, if it
is concluded that further action should be taken, the BPO may:
(1)
Establish a Blight Investigation Team if appropriate.
(2)
Notify the Team of the complaint and any initial observations.
(3)
Determine through consultation with the Team the best way to approach
the owner to review the complaint and to determine which Team member(s),
if any, should be involved in the review with the owner.
D.
Issuance of a verbal warning. Initial contact with the property owner
shall be made by the BPO or assigned Team member and shall consist
of a verbal review of the complaint and:
(1)
A determination through discussion with the owner and/or occupant
if any special considerations exist that may not have been previously
understood.
(2)
A discussion of corrective action, if any, the owner is willing to
take with no further action by the Town along with an agreed timetable
for such action.
E.
Determination of special considerations. If the conditions observed
by the BPO and discussed with the owner and/or occupant indicate the
possibility of special consideration, then the BPO will contact appropriate
social service agencies to determine if outreach by their organization
might find a resolution to the complaint condition.
F.
Issuance of a written Blight Ordinance notice of violation (warning).
(1)
If a successful resolution to the condition is not reached by the
actions above, then the BPO may issue a formal written warning of
violation to the property owner and property occupant outlining the
blight conditions to be remediated and reasonable time frame for remediation.
(2)
Notice of violation will be sent to the property owner via registered
mail with return receipt request.
G.
Resolution by conference.
(1)
Within 30 days of the date of the issuance of a written notice of
violation to the owner of a property, the owner may request a resolution
conference with the Blight Prevention Officer. The purpose of the
resolution conference is to determine whether the owner is willing
and able to remediate the blighted property.
(2)
If the owner is willing and able to remediate the blighted property,
the Blight Prevention Officer shall establish a reasonable time frame
for remediation.
(3)
Neither the request for, nor the scheduling of, a resolution conference
shall toll or abate the possible service of a civil citation upon
the owner.
(4)
Except in cases involving a public health danger, the property owner
may request an extension of time to complete the remediation. The
Blight Prevention Officer may grant this request in his or her sole
discretion and so notify the owner of the extension in writing. If
the owner completes remediation within the time granted by the Blight
Prevention Officer, the Blight Prevention Officer shall not issue
a written citation nor impose fines.
H.
Enforcement by citation. If, in the opinion of the BPO, the owner
has not addressed the blight conditions in a timely manner as agreed
after issuance of the notice of violation warning, and all efforts
to resolve the condition through resolution by conference, or social
service agencies, if warranted, have been exhausted, then the BPO
may issue a violation citation which may include an associated fine.
(1)
The procedures for the issuance of a notice of violation (warnings), issuance of a citation and any requested hearings for violations of this chapter shall follow the requirements of the Branford Town Code, Chapter 227.
(2)
The BPO is empowered to issue citations for any violation of this
chapter by leaving a copy of such citation form with the owner of
the housing property or by affixing same to the premises. He shall
also send a copy of the form by certified mail, return receipt requested,
to the owner of the property. The citation form shall contain the
following information.
J.
Appeal by hearing; hearing procedures for citations. The procedures for hearings requested by persons cited for violations of this chapter shall follow Chapter 227 of the Code of the Town of Branford as amended herein:
(1)
Hearing procedure. In the case of hearings for blight citations,
the Hearing Officer will be replaced by a Blight Appeals Committee
as defined herein, who shall act by majority vote as citation hearing
officers in all hearings for alleged violations of this chapter.
(2)
Attendance at hearing. The hearing procedure shall follow the provisions
of the Town Code, provided the Blight Appeals Committee shall grant
upon good cause shown any reasonable request by any interested party
for postponement or continuance.
K.
Remedial action. If a notice of violation (warning) or citation for
violation has been issued, remediation shall be effected through one
of the following actions:
(1)
Remediation by owner. The owner shall remediate the violation cited
as defined in the notice of violation or the citation and within the
time period established in the citation.
(2)
Remediation authorized with permission of owner.
(a)
A property owner may request that the Town of Branford, its
employees, agents or servants, including independent contractors hired
by the Town of Branford, enter upon his or her property to remediate
the blight violations. The Director of Public Works or any designee
of the First Selectman (hereinafter referred to as "Director or designee")
may grant or deny the request.
(b)
If the Director of Public Works or designee grants the request,
then prior to the entry of the Blight Prevention Officer and/or other
Town employees upon the owner's property, the property owner
must agree, in writing, to the dates, time, location and nature of
the remediation and release the Town of Branford, its employees, agents,
and servants, including independent contractors hired by the Town
of Branford, from liability for any injury or harm caused by the remediation
or the entry onto the property.
(3)
Remediation by Town for public health danger. Upon the failure, neglect
or refusal of any owner to remediate violations that are dangerous
to the public health, safety, or welfare within seven calendar days
from the date of the citation for violation, the Town, through the
appropriate official designated herein, may cause such remediation
by Town employees, agents or an independent contractor engaged by
the Town.
(4)
Remediation by court order. In all cases where an owner has failed
to remediate the blight violations within the time period stipulated
in a citation, the Town may seek a court order allowing such remediation
by Town employees, agents or an independent contractor engaged by
the Town.
L.
Funding of remediation undertaken by the Town.
(1)
Use of funds for remediation under this section. Where an owner has
given permission to the Town to remediate violations, or where the
Town undertakes remediation of violations that are dangerous to the
public health, safety or welfare or where the Town has received a
court order, the Director of Public Works or any designee of the First
Selectman may assign Town employees to remedy the blight conditions
if staffing levels are sufficient to do so without causing disruption
to other Town business. If the Director or designee does not so assign
Town employees to remedy the blighted conditions, then said Director
or designee may consult with the First Selectman regarding whether
funds for taking remedial action are available. If adequate funds
are available in said account, the Director or designee may use these
funds to take, or cause to be taken, action to remedy the blighted
condition. If adequate funds are not available in said account, the
Director or designee may take, or cause to be taken, action to remedy
the blighted condition if said Director or designee deems it appropriate
to utilize funds from a different account. If funds for taking remedial
action are so used, the owner will be responsible for reimbursing
the Town for the cost of the remediation, as set forth below.
(2)
Owner's responsibility to pay for remediation/penalty.
(a)
Upon completion of any remediation of blight violations by the
Town, its employees, agents, servants, or independent contractors
hired by the Town of Branford under this section, the Director or
designee shall determine the cost of the remediation and shall bill
the owner therefor.
(b)
The owner shall be responsible to pay a penalty to the Town
in the amount of the cost of the remediation.
(c)
Upon the failure of the owner to pay the Town the cost of the
remediation within 30 days from the date of such bill, the Director
or designee shall cause to be recorded on the land records of the
Town a sworn statement detailing the cost and expense incurred for
the abatement work, the date the work was done and the location of
the property upon which the work was done pursuant to Connecticut
General Statutes § 49-73b. The recordation of the sworn
statement shall constitute a lien on the property.
(d)
The Director or designee, at his or her sole discretion, may
grant the owner additional reasonable time, greater than 30 days,
but not to exceed 360 days, from the date of such bill, to pay the
penalty.
(3)
Any Town funds used to carry out the provisions of this section shall
be appropriated from a source designated by the Board of Selectman
and approved by the Board of Finance and the RTM.
A.
Any person who shall violate the provisions of this chapter and has
been issued a formal citation by an enforcement officer shall be fined
as specified below:
B.
Legal proceedings authorized.
(1)
If remediation has not been accomplished through the procedures stipulated
in this chapter or the fines imposed through citation for violation
have not been paid, the First Selectman or their designee is authorized
to initiate legal proceedings in the Superior Court to enforce any
notice, summons or citation issued pursuant to this chapter or to
seek the immediate correction of the violations, collection of all
civil penalties, and the recovery of all costs, including costs of
remedial actions authorized by the court and a reasonable attorney's
fee incurred by the Town of Branford to enforce this chapter.
(2)
All civil penalties, court costs, costs of remedial action, and attorney's
fees as ordered by the court shall constitute a lien on the subject
premises, provided the owner of said premises has been notified of
the violations as herein provided and was made a party to the formal
proceedings, and any amounts for said fines, court costs, costs of
remedial action and attorney's fees as may be collected shall
be repaid into the fund source used to remediate the action as previously
established.
C.
Lien on real estate where penalty for violation is unpaid. Pursuant
to Section 7-148 of the Connecticut General Statutes, any unpaid penalty
imposed by the Town of Branford pursuant to this chapter of the Code
of the Town of Branford, Blight Prevention, a chapter adopted pursuant
to Section 7-148(c)(7)(H)(xv) of the Connecticut General Statutes,
concerning the prevention and remediation of housing blight, shall
constitute a lien upon the real estate upon which the penalty was
imposed from the date of such penalty. Each such lien shall take precedence
over all other liens filed after July 1, 1997, and encumbrances, except
taxes, and may be enforced in the same manner as property tax liens.
A.
The Board of Selectmen is authorized to take the necessary steps
to acquire the blighted properties with RTM approval which have been
certified by the Building Official to be abandoned pursuant to the
Urban Homesteading Act, Connecticut General Statutes Section 8-169(o)
et seq., as it may be amended from time to time.
B.
A prejudgment lien on real estate may be imposed where the fine for
violation of the blighted premises provisions of this chapter have
not been paid within 30 days, despite proper notice to the person
found liable. Any unpaid fine imposed by a municipality pursuant to
the provisions of an ordinance regulating blight, adopted pursuant
to Connecticut General Statutes § 7-148(c)(7)(H)(xv), shall
constitute a lien upon the real estate against which the fine was
imposed from the date of such fine. Each such lien may be continued,
recorded and released in the manner provided by the general statutes
for continuing, recording and releasing property tax liens. Each such
lien shall take precedence over all other liens and encumbrances filed
after July 1, 1997, except for taxes. Each such lien may be enforced
in the same manner as property tax liens, including foreclosure of
the real property.
C.
In addition to all other remedies and any fines imposed herein, the
provisions of this code may be enforced by injunctive proceedings
in Superior Court. 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 provision
of this code.
A.
Nothing in this chapter shall limit the power and authority of the
Town Building Official, the Zoning Enforcement Officer, the Planning
and Zoning Commission, the Fire Marshal, the Director of Health, the
Assessor, the Police Department, or the Director of the Department
of Public Works, or their designee, to enforce their respective rules
and regulations.
B.
In any case where a provision of this chapter 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, if such provision of
this chapter establishes a higher standard for the promotion and protection
of the health and safety and property values of the people, such provision
shall be enforceable pursuant to the procedures established herein.
C.
This chapter shall not be intended to affect violations of any other
ordinances, codes or regulations, whether existing prior to or after
the effective date of this chapter. Such violations shall be governed
by and shall continue to be subject to enforcement under the provisions
of such ordinances, codes or regulations in effect at the time the
violation occurred, and/or by enforcement of this chapter, as may
be appropriate.
If any provision of this chapter or the application thereof
to any person or circumstances is held to be invalid, such invalidity
shall not affect other provisions or applications of any other part
of this chapter which can be given effect without the invalid provisions
or application; and to this end, the provisions of this chapter and
the various applications thereof are declared to be severable.
