[Adopted 12-20-2022 by Ord. No. 99]
The following definitions shall apply in the interpretation
and enforcement of this article:
ABANDONED VEHICLE
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. "Inoperable" shall mean that the vehicle
is no longer being used for its intended purpose evidenced by two
or more of the following conditions:
A.
Engine no longer starts or is missing;
B.
Missing or flat tires or wheels, or other missing parts necessary
for locomotion;
C.
Missing doors or windows;
D.
Close proximity of grass or other vegetation or debris, indicating
immobility;
E.
Holes, rust, or other evidence of obvious physical decay or
neglect, lack of maintenance or excessive use; or
F.
Used for another purpose (e.g., storage).
ACCUMULATING REFUSE
Refuse that accumulates on any private premises, business,
lots, or abandoned property and is not completely contained within
trash or refuse storage bins, racks, or enclosures, or other containers
as approved by the Town for such use.
BLIGHT ENFORCEMENT OFFICER
The Blight Enforcement Officer, from the Wolcott Police Department,
shall be an individual or individuals appointed by the Mayor of Wolcott
to enforce all provisions of this article. The Blight Enforcement
Officer is hereby authorized to take such enforcement actions as are
specified in this article.
BLIGHTED PREMISES
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:
A.
It has been determined by the Building Inspector, Chesprocott
Sanitarian, Town Engineer, Zoning Enforcement Officer, or other appropriate
official as designated by the Mayor acting within the scope of their
authority, that a condition exists that poses a serious or immediate
threat to the health, safety or general welfare of the persons in
the Town of Wolcott; or
B.
The Fire Marshal has determined that a building or structure
is a fire hazard, and/or it is a factor in operating a substantial
and unreasonable interference with the use and enjoyment of other
premises within the surrounding area as documented by neighbor complaints;
or
C.
The property is in a state of disrepair or is becoming dilapidated;
or
D.
The overall condition of the property is not being maintained
which causes an unreasonable impact on the enjoyment of/or value of
neighboring properties and stems from violations as expressed by adjoining
property owners; or
E.
The property is dilapidated, attracting illegal activity; or
F.
Persistent occurrences of any of the following: violations of
building, fire, zoning, housing or health codes; or
G.
Persistent occurrence of the premises not being maintained as
evidenced by the existence, to a significant degree, of:
(1)
Missing, broken or boarded windows or doors; collapsing or deteriorating
walls, roofs, stairs, porches, handrails, railings, basement hatchways,
chimneys, flues, or floors; or
(2)
Exterior walls containing holes, breaks, loose, missing or rotting
materials; or
(3)
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, stairways, fire escapes, standpipes and
exhaust ducts, which contain rust or other decay; or
(4)
Unrepaired fire or water damage after appropriate official authorization;
or
(5)
Vandalization, or otherwise damaged to the extent that it is
a factor in depreciating property values in the neighborhood; or
(6)
Swimming pools, spas or architectural pools that are not properly
maintained or are in a state of disrepair; or the accumulation of
stagnant or unsanitary water; or
(7)
Display lights/fixtures or exterior signs in a broken or disassembled
state; or
(8)
Rodent harborage and/or infestation; or
(9)
Garbage, trash or unused building materials improperly stored
in dumpsters or accumulated on the premises, unauthorized outside
storage or accumulation of junk, campers, trash, rubbish, boxes, paper,
plastic or refuse of any kind, the parking of more than one unregistered
and inoperable car, boat, motorcycle or other inoperable machinery
on the property or the public right-of-way. For the purposes of this
article, "authorized" shall pertain to local, state or federal laws
and/or regulations; or
(10)
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 or which constitutes a blighting factor for
adjacent property owners or occupant or which is an element leading
to the progressive deterioration of the neighborhood; or
(11)
Abandoned motor vehicles on the premises; or
(12)
Parking lots left in a state of disrepair or abandonment.
CAPABLE INDIVIDUAL
A person that can be reasonably expected to perform maintenance
and yard work around a property or premises. This shall include children
above 16 years of age without physical or mental disability as defined
herein.
CITATION ADVISORY BOARD
A five-member panel of Wolcott electors who are appointed
by the Mayor to provide non-binding advice and consultation to the
Blight Enforcement Officer, and to review with said Officer the various
properties that are the subject, or potential subject, of a determination
by the Blight Enforcement Officer that a violation of this article
exists.
DEBRIS
Material which is incapable of immediately performing the
function for which it was designed including, but not limited to,
abandoned, discarded, or unused objects; plastics, glass, papers,
junk comprised of equipment such as automobiles, boats, and recreation
vehicles which are unregistered and missing parts, not complete in
appearance and in an obvious state of disrepair; parts of automobiles,
furniture, appliances, cans, boxes, scrap metal, tires, batteries,
containers, or garbage which is in public view.
DILAPIDATED
In a physically deteriorating condition which, if left unabated,
would cause an unsafe or unsanitary condition or a nuisance to the
general public.
DISABLED INDIVIDUAL
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 and does not have other household members capable of providing
the necessary maintenance.
DISREPAIR
In poor working order, dilapidated, decrepit or in an imminent
state of collapse.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food or the keeping
of pets and other animals. See also "rubbish, garbage, refuse."
HEARING OFFICER
Those individuals appointed by the Mayor to conduct hearings
in accordance with this article.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises, which constitute a health hazard.
JUNK
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed or other use of disposition,
examples of which include tires, vehicle parts, equipment, paper,
rags, metal, glass, building materials, household appliances, machinery,
brush, wood, and lumber. More than one unregistered or inoperable
vehicles constitute junk.
LEGAL OCCUPANCY
Occupancy that is legal by virtue of compliance with state
building, state fire safety, local zoning, local housing, and all
other pertinent codes, which, in the case of rental property, must
be substantiated by a rental agreement, a rent receipt or a utility
statement.
MECHANICAL EQUIPMENT
Any apparatus designed to operate by an internal combustion
engine or designed to be towed by an apparatus propelled by an internal
combustion engine.
NUISANCE
A.
Any public nuisance as defined by statute or ordinance.
B.
Any attractive nuisance. An attractive nuisance is defined as
the presence of any condition that may prove to be detrimental to
the health or safety of children whether in a building, on the premises
of a building or upon an unoccupied lot. This includes, but is not
limited to, the presence of abandoned wells, shafts, basements, excavations,
refrigerators, vehicles, lumber, and garbage, refuse, rubbish, and
any structurally unsound fences or other structures.
C.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
D.
Whatever hazardous materials or liquids that renders air, food
or drink unwholesome or detrimental to the health of human beings.
E.
Fire hazards. Any situation, process, material, blocked/obstructed
egress, or condition that can cause a fire or explosion or provide
a ready fuel supply to augment the spread or intensity of the fire
or explosion and that poses a threat to life or property as determined
by the Town of Wolcott Fire Marshal or his duly authorized agent.
OPERATOR
Any person who runs or manages a commercial or industrial
establishment.
ORDERLY FASHION
Arranged in conformance to or exhibiting some regular order;
systemic in regular or proper order.
OWNER/OCCUPANT
Any person, institution, foundation, entity or authority
which owns, leases, rents, possesses, or is responsible for property
within the Town of Wolcott.
PERSISTENT
Existing or remaining in the same state for an indefinite
period.
PERSISTENT OFFENDER
A person who has been issued a warning notice or citation
on three or more occasions over the preceding two-year period regarding
the same premises.
PERSON
Any individual, corporation, partnership, or limited liability
company.
PREMISES
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or non-dwelling 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.
PROXIMATE PROPERTY
Any premises or parcel of land within 1,000 feet of a blighted
premises.
PUBLIC VIEW
Visible from any public right-of-way or neighboring property,
at grade level.
PUTRESCIBLE
Liable to undergo decomposition or rotting by bacteria, fungi,
and oxidation and/or may result in the formation of foul-smelling
products.
REASONABLE
Exercising the degree of caution and concern an ordinarily
prudent and rational person would use in similar circumstances.
RUBBISH, GARBAGE, REFUSE
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, wood, plastics, glass, bedding, crockery, unused and scrap
building materials, and similar materials.
STRUCTURE
Any building, walls, dwelling, fence, swimming pool, or similarly
constructed object.
UNIT
Any space within a building that is or can be rented by tenant(s)
for their sole use, and is intended to be a single and distinct space.
VACANT
A period of 60 days or longer during which a building or
structure or any part thereof, or land that is not legally occupied.
No owner/occupant of real property within the Town of Wolcott
shall cause or allow blighted premises to be created, nor shall any
owner/occupant allow the continued existence of blighted premises
and shall further comply with the following:
A. No persons shall store or keep any unsightly material or equipment,
as herein defined, owned by such person in public view within the
limits of the Town of Wolcott.
B. No owner/occupant of real property in the Town of Wolcott shall permit
any such unsightly material or equipment to be located or stored on
said owner/occupant's property.
C. It shall be the duty of all owners/occupants of premises to keep
the exterior of the premises and all structures thereon free of all
abandoned/unregistered vehicles, garbage, refuse, rubbish, and infestations.
The exterior of every structure or accessory structure (including
fences and walls) shall be maintained free of broken glass, loose
shingles, damaged siding, crumbling stone or brick, or other condition
reflective of deterioration or inadequate maintenance. The outside
structure walls shall not have any holes, loose boards, or any broken,
cracked or damaged siding that admits rain, cold air, dampness, rodents,
insects or vermin. Every building shall be maintained so as to be
weather and watertight.
D. Any building material or equipment intended for construction or improvement
for which a valid building permit is in effect shall be exempt from
this section. This section shall further not pertain to existing building
supply yards subject, however to, all the provisions of the Wolcott
Zoning Regulation and the Connecticut General Statutes.
E. Garbage, refuse and rubbish for weekly pickup must be stored to maintain
sanitary conditions and to minimize its exposure to public view. The
rubbish and recycling set-out is allowed 12 hours prior to the start
of the designated collection day. Containers must be removed from
curb/public sight within 12 hours after collection of materials.
F. Where dumpsters are maintained for commercial enterprises, it shall
be the duty of every business owner to provide a place reasonably
calculated to maintain sanitary conditions and to minimize its exposure
to public view before transfer for safe and sanitary disposal. All
dumpsters must maintain completely closed lids at all times; being
opened only to allow deposit or withdrawal of refuse. All areas surrounding
dumpsters shall be kept completely free from such refuse and debris.
All dumpsters must be placed as far as possible from public view.
In the event that any part or portion of this article is declared
invalid for any reason, all other provisions of this article shall
remain in full force and effect.