[HISTORY: Adopted by the Town Meeting of the Town of Thompson 8-30-2023. Amendments
noted where applicable.]
A.
This chapter is authorized pursuant to Chapter 98, Section 7-148(c)(7)(H)(xv)
of the Connecticut General Statutes.
B.
It is hereby found and declared that there exists, in the Town of Thompson (the Town), a number of vacant, abandoned or tax delinquent (hereinafter VAD) structures, as defined in § 249-2 of this chapter. The continued existence of VAD structures constitutes a continuing nuisance and contributes to the decline of neighborhoods; and such nuisance and decline result in a detrimental effect upon neighboring properties. Further, it is found that the existence of such structures adversely affects the economic well-being of the Town and is detrimental to the property values, health, safety and the general welfare of its residents.
C.
The Town considers it desirable that VAD structures be rehabilitated,
reconstructed, or demolished, in order to provide decent, safe, sanitary
neighborhoods. Such demolition, reconstruction, or rehabilitation
of VAD structures would remedy and prevent the adverse conditions
described above.
D.
The procedures outlined in this chapter shall be applicable to properties
located in the Downtown Mill Rehabilitation District (DMRD) and the
Thompson Corridor Development District (TCDD).
E.
Owner-occupied one-, two-, and three-family residences; and agricultural
properties are exempt from the procedures outlined in this chapter.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A structure that is unoccupied in any manner for a consecutive
period of six or more months. Property will be considered to be abandoned
property when mortgage, land contract, or tax foreclosure proceedings
have been initiated for that property; no mortgage, land contract,
or tax payments have been made by the property owner for at least
90 days; and the property has been unoccupied for at least 90 days.
Property under construction is not considered abandoned if all appropriate
building permits are issued, in force, and progress on construction
is ongoing.
A land use conforming to the provisions of Section 1-1 (q) of the Connecticut General Statutes.
A structure that constitutes a VAD structure as defined herein
is blighted for the purposes of Section 7-148(c)(7)(H)(xv) of the
Connecticut General Statutes.
An individual authorized by the Select Board to issue citations
in accordance with the procedures of this chapter. The ZEO, Building
Official, and Fire Marshal are each authorized to act as citation
enforcement officers for the Town.
An individual appointed by the Select Board to conduct hearings authorized by the Ordinance pursuant to § 249-6, as amended.
Occupancy in accordance with state building, state fire,
local zoning, local housing and all other pertinent codes.
Any person, institution, foundation, entity or authority
which owns, alone or in common with others, real property within the
Town containing a VAD structure including the executor or administrator
of any estate containing such real property within the Town, or the
trustee of any trust holding legal title to such real property.
A parcel of land containing buildings or structures.
Not legally occupied by human beings for an allowable use.
Vacant status in and of itself does not constitute a VAD structure,
if that structure is adequately maintained and the property taxes
are up to date. A structure which is being illegally occupied shall
be considered vacant.
Any building or structure, including any accessory structures
to such primary building or structure, in which any of the following
conditions exists:
It is vacant (as defined within this chapter) and inadequately
maintained, as determined by the presence of any of the following
factors, documented by the Building Official, Fire Marshal or ZEO,
as applicable, and existing for a period of 12 months or more:
One or more missing or boarded windows or doors.
Collapsing or missing roof, chimneys, interior or exterior walls
or floors.
A structurally faulty foundation.
Improper storage of garbage, trash, rubbish, grocery carts,
tires, or hubcaps in violation of Ordinance No. 10-021 Garbage, Rubbish
Refuse and Recycling Ordinance of the Thompson CT Code of Ordinances.[1]
Improper storage of unregistered vehicles, in violation of Ordinance
No. 10-026 Abandoned Motor Vehicle Ordinance of the Thompson CT Code
of Ordinances.[2]
It attracts or harbors rodents, insects, vermin and/or disease-carrying
animals.
It is a property which contains one or more dead, decayed, diseased
or damaged trees which can be demonstrated to constitute a hazard
or danger to proximate properties, including sidewalks and roadways.
Any other element of the condition of the building or structure
poses a serious or immediate danger to the safety, health or general
welfare of the community as found by the Building Official or Fire
Marshal.
It is an abandoned structure.
It is tax delinquent.
It has been the site of illegal activities as documented by
the Connecticut State Police, which activities resulted in one or
more civil fines or criminal convictions. Illegal activities shall
include residential occupation of a structure in violation of any
order of the Building Official, Fire Marshal or ZEO. When illegal
activity is a contributing factor, the twelve-month period may be
waived as a consideration.
Owner-occupied one-, two- and three-family residences; and agricultural
properties are exempt from being classified as VAD structures.
The zoning enforcement of the Town appointed in accordance
with Chapter 124 of the Connecticut General Statutes.
No owner of property in Thompson shall cause or allow structures
on such property to become vacant, abandoned or tax delinquent, nor
shall any owner allow the continued existence of such VAD structures.
A.
The provisions of this chapter shall not be construed to prevent
the enforcement of other statutes, codes, ordinances or regulations
which prescribe standards other than those provided for in this chapter.
B.
In any case where a provision of this chapter is found to conflict
with a provision of any zoning, building, fire safety or health regulation,
code or ordinance of the Town or the state, the provision which establishes
the higher standard for the promotion and protection of the health,
safety, welfare and property values of the people shall prevail.
A.
Following the enactment of this chapter, the Select Board shall declare
that the Building Official, Fire Marshal and ZEO are each empowered
to act as a Citation Enforcement Officer (hereafter Enforcement Officer),
on a case-by-case basis.
B.
When the Enforcement Officer determines that a structure is in violation
of this chapter, the Enforcement Officer shall notify the owner or
owners of the property of the violation. Such notice shall be sent
by regular mail to the owner's last known address, as listed
in the Assessor's Office. If applicable, such notice shall also
be sent to any registrant of a property under foreclosure as provided
in C.G.S. § 7-148ii, as amended.
C.
The notice of violation shall include the following information:
(1)
The address of the VAD structure, including the map/block/lot numbers.
(2)
The exact nature of the violation, referring to the provision(s)
of this chapter alleged to have been violated.
(3)
The date the VAD status was established.
(4)
The date the notice of vacancy was sent.
(5)
The time allowed for corrective action, as determined by the Enforcement
Officer.
(6)
The civil penalty for continued violation of this chapter.
(7)
The name, business address and telephone number and email address
of the Enforcement Officer.
D.
Prior to the expiration of time allowed for correction, as set forth
in the notice of violation, the owner may make written request to
the Enforcement Officer for an extension of the time allowed for corrective
action. A single written extension may be granted by the Enforcement
Officer, if it is determined that a) the owner has taken reasonable
steps to remedy the condition and/or b) verifiable extenuating circumstances
prevent corrective action from being taken. Extenuating circumstances
may include extreme weather events; local, state or national emergency;
or other verifiable circumstances which may not have been reasonably
anticipated by the owner. Any further extensions of the time period
for correction may only be granted after consultation with and approval
by the Select Board.
A.
Notice of violation and opportunity to correct.
(1)
Prior to issuing citations for violation of this chapter the Enforcement Officer shall mail written notice to an owner, agent, tenant or other person responsible for any violation at the last known address of the person on file with the tax collector, as detailed in § 249-5. If the notice is mailed only to one of the responsible persons, it shall in no way be or be construed to be a release of any other responsible persons nor evidence that any other person is responsible. If there is more than one responsible party identified in the order, the responsibility for complying with the notice shall be joint and several. Notwithstanding anything to the contrary, the notice shall state the violation(s) of this article and, when necessary for the health and safety of town residents, the Enforcement Officer may require abatement within 24 hours from the time of notification or immediately as may be necessary. If the person fails to correct the violations or fails to provide notice to the Town of his or her intent to correct the violations set forth in the order to abate within a reasonable period of time, and if any violation continues unabated after 20 days from the date such order to abate is served or if the person fails to correct the violations as set forth in the notice of violation, the Town may issue an enforcement citation as specified in this chapter.
(2)
If the owner fails to correct the violations within the time stated by the Enforcement Officer and the notice provided in Subsection A of this section, then the Town may take any action necessary to abate the nuisance as authorized by law and shall invoice the persons for its costs and expenses.
B.
Notice of citation providing uncontested period to pay fine. If a person fails to correct a violation after notice of violation is provided pursuant to § 249-5, the Enforcement Officer may issue a notice by regular mail to the person's last-known address on file with the tax collector stating the allegations regarding the violation of this chapter and the amount of any applicable fines, as set forth in the Ordinance Schedule of Fees and Fines The notice shall provide a date by which an uncontested payment of the fines can be made to the Town. Payment of such fine, penalties and costs shall be made to the Town of Thompson. An uncontested payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other persons making the payment.
C.
Citation and assessment hearing procedure.
(1)
Notice of citations and right to hearing on requested assessment. The Enforcement Officer, at any time within 12 months after the expiration of the time to make an uncontested payment of the amount of the fine pursuant to the notice issued under Subsection B of this section, may send a citation notice that an assessment is being sought from a Citation Hearing Officer (hereafter Hearing Officer) for one or more of the citations which were the subject of one or more notices issued under § 249-5. The notice shall be sent by regular mail to the last-known address of the person on file with the tax collector and shall contain, at a minimum, the following information:
(a)
The allegations of the violation or violations stated in the citation notice or notices issued pursuant to Subsection B for which an assessment is sought;
(b)
The amount of the fines that the Enforcement Officer is requesting
the Hearing Officer to impose as an assessment, as set forth in the
Ordinance Schedule of Fees and Fines;
(c)
The fact that the person may contest his or her liability before
a Hearing Officer by delivery in person or by mail of a written notice
to the Office of the First Selectperson within 10 days from the date
of the notice of citation;
(d)
That failure to request a hearing will result in an assessment
and judgment entered against the person cited; and
(e)
That judgment may issue without further notice.
(2)
A person receiving the notice of citation and right to a hearing
may admit liability and pay the amount sought as an assessment. Payment
of such fine shall be made to the Office of the First Selectperson,
payable to the Town of Thompson. An uncontested payment made prior
to the imposition of an assessment pursuant to Section B of this article
shall be inadmissible in any proceeding, civil or criminal, to establish
the conduct of such person or other persons making the payment.
(3)
Assessment by default: If the person receiving the notice issued according to Subsection C(1) of this section does not deliver or mail a demand for hearing within 10 days of that notice to the Office of the First Selectperson, the person shall be deemed to have admitted liability and the Enforcement Officer shall certify such person's failure to respond to the Hearing Officer. The Hearing Officer shall thereupon enter an assessment in the amount of the fines requested by the Enforcement Officer and shall follow the procedures set forth in Subsection C(4) of this section for filing the assessment with the court. If the person requests a hearing, is notified of the date, place and time of the hearing in accordance with Subsection C(2) of this section but fails to appear at the hearing, the Hearing Officer may enter an assessment by default against that person upon a finding of proper notice and liability under the applicable statutes or ordinances based on evidence presented at the hearing. The Hearing Officer shall thereafter follow the procedures as set forth in Subsection C(4) of this section for filing the assessment with the court.
(4)
Hearing by citation hearing officer: Any person who requests a hearing within the time specified in this chapter shall be given written notice of the date, time and place for the hearing, which shall be held not less than 15 nor more than 30 days from the date of the mailing of the notice, subject to reasonable requests for good cause shown for continuance or postponement by an interested party. The original or a certified copy of the notice of citation and right to hearing issued pursuant to Subsection C(1) of this section shall be filed with the Hearing Officer, shall thereafter be retained by the Town, shall be deemed to be a business record within the scope of Section 52-180 of the Connecticut General Statutes, and shall be considered evidence of the facts contained therein. The accused shall have the right to request the issuing Enforcement Officer to be present at the hearing and such individual shall in fact be present at the hearing if so requested. At such hearing the accused may appear and present evidence on his or her own behalf and municipal officials may present evidence in support of the requested assessment. The Hearing Officer shall conduct a hearing in the order and form and with such methods of proof as he or she deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Hearing Officer shall announce his or her decision at the end of the hearing. If he or she determines that the person is not liable, he or she shall dismiss the matter and enter the determination in writing accordingly. If he or she determines that the person is liable for the violation, he or she shall forthwith enter an assessment against the person as provided by this article and shall thereafter follow the procedures as set forth in Subsection C(5) of this section for filing the assessment with the court.
(5)
Notice of assessment and entry of judgment: If the assessment is not paid as of the date of its entry, the Hearing Officer shall send by first class mail a notice of the assessment to the person found liable and shall file a certified copy of the notice of the assessment with the Clerk of the Superior Court facility designated by the Chief Court Administrator within the boundaries of the Judicial District in which the municipality is located, together with the applicable court entry fee. The certified copy shall not be filed with the court until after the expiration of the thirty-day appeal period set forth in Subsection C(6) of this section and must be filed within 12 months of the assessment. A certified copy of the notice of assessment shall constitute a record of assessment and the Clerk of the Superior Court, in accordance with C.G.S. § 7-152c(f) shall enter judgment in the amount of such record of assessment and the court entry fee against such person in favor of the municipality. Notwithstanding any other provision of the Connecticut General Statutes, the Hearing Officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may be made without further notice to such person.
(6)
Appeal: There shall exist a right of appeal in favor of any person
against whom an assessment has been entered pursuant to the provisions
of this article. An appeal shall be instituted within 30 days of the
mailing notice of such assessment by filing a petition to reopen assessment,
together with an entry fee in an amount equal to the entry fee for
a small claims case pursuant to Section 52-259 of the Connecticut
General Statutes at a superior court facility designated by the Chief
Court Administrator, which shall entitle such person to a hearing
in accordance with the rules of the judges of the Superior Court.
D.
Pursuant to C.G.S. § 7-148aa, any unpaid fine imposed by
the Town, pursuant to the provisions of this chapter adopted pursuant
to C.G.S. § 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 Connecticut General Statutes for continuing,
recording and releasing property tax liens. Each such lien shall take
precedence over all other liens filed after July 1, 1997, and any
encumbrances except taxes, and may be enforced in the same manner
as property tax liens.
The Town considers it desirable that VAD structures be rehabilitated
for safe use. For owners who undertake the rehabilitation of VAD structures,
or those owners who wish to purchase and rehabilitate such structures,
the Town may adjust property tax assessment under the following provisions:
A.
In accordance with C.G.S. § 12-121e, municipalities are
authorized to freeze the property tax assessment on property rehabilitated
under this chapter.
B.
Such freeze in assessment shall only be adjusted after the subject
VAD structure has been rehabilitated.
C.
The adjusted assessment shall reflect the value of the structure
prior to rehabilitation and shall be applicable for a period of three
years.
D.
The following table lists the minimum value of an improvement to
qualify for a reduction, the maximum reduction allowed and the maximum
reduction period. The Select Board shall determine the specific reduction
of the tax assessment for each project based upon the benefits to
the Town, which reduction shall be implemented by the Thompson Assessor
in accordance with C.G.S. § 12-121e.
|
Cost of Improvements
|
Maximum Allowable Reduction
|
Maximum Term of Reduction
|
|---|---|---|
|
$10 million and higher
|
Up to 100% of increased assessment
|
Up to 25 years
|
|
$5 million to $10 million
|
Up to 75% of increased assessment
|
Up to 15 years
|
|
$1 million to $5 million
|
Up to 50% of increased assessment
|
Up to 10 years
|
|
Less than $1 million
|
Up to 25% of increased assessment
|
Up to 5 years
|
If a court having competent jurisdiction shall hold any provisions
of this chapter invalid, such invalidation shall not affect any other
provisions of this chapter that may be given effect without the invalid
provisions.
This chapter shall be effective 30 days after its adoption.
