This article shall be known and may be cited as the "Revised Ordinance Concerning Abandoned, Inoperable or Unregistered Motor Vehicles."
[HISTORY: Adopted by the Town of Harwinton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-15-2001 by Ord. No. 103, effective 6-6-2001]
For the purposes of this article, the following terms shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any motor vehicle which is at least 25 years old and which is actively being preserved and restored because of historic interest.
Any Town Constable, state police officer, resident state trooper, Department of Motor Vehicles inspector, or other peace officer.
Any motor vehicle, as defined herein, which does not have lawfully affixed thereto an unexpired registration plate or plates, and the condition of which is wrecked, dismantled, partially dismantled, inoperable, abandoned or discarded.
Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts and construction equipment, and includes any trailer or camper, self-propelled or otherwise, required to be registered by the Department of Motor Vehicles prior to having access to the highway.
Any person, firm, partnership, association, corporation, company, or organization of any kind.
Any real property within the Town which is privately owned and which is not public property as defined in this section.
Any street, highway or passway which shall include the entire width between the boundary lines of every such right-of-way maintained for the purposes of travel by the public, and shall also mean any other publicly owned property or facility.
The Town of Harwinton.
Any device suitable or designed for the conveyance or transportation of persons or property, but does not include devices propelled or drawn exclusively by human or animal power or designed to be used exclusively on rails.
A.
No person shall park, store, abandon, or permit the parking, storing, or abandoning of a motor vehicle of any kind which is in an abandoned, wrecked, disabled, inoperable, junked, unregistered, dismantled or partially dismantled condition upon any public property within the Town for a period of time in excess of 48 hours, or upon any private property within the Town for a period of time in excess of 15 days. The presence of an abandoned, wrecked, disabled, inoperable, junked, unregistered, dismantled or partially dismantled motor vehicle, or parts thereof, on public or private property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this article.
B.
The private property provisions of this article shall not apply to:
(1)
Any motor vehicle enclosed within a building or covered by a roof;
(2)
Any motor vehicle held in connection with a business enterprise which is lawfully licensed and properly operated in the appropriate business zone pursuant to the Zoning Regulations of the Town;
(3)
A motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways;
(4)
An antique motor vehicle belonging to the property owner or occupant;
(5)
An operable motor vehicle belonging to the property owner or occupant for farm or construction work on the premises; or
Whenever it comes to the attention of the Board of Selectmen in writing that a motor vehicle which constitutes a nuisance, as defined herein, exists in the Town of Harwinton, a notice in writing shall be served upon the occupant, if known, of the premises where the nuisance exists, and upon the last known owner of record of the premises or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this article.
Upon proper notice and opportunity to be heard, the owner of the abandoned, wrecked, dismantled, or inoperative motor vehicle, and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the Town, the owner, or occupant of the private property where same is located, shall be liable for the expenses incurred. In the event of removal from public property, the owner of the motor vehicle shall be liable for the expenses incurred.
The Board of Selectmen shall give notice of removal to the owner or occupant of the private property where the motor vehicle is located at least seven days before the time of compliance. It shall constitute sufficient notice when a copy of the same is posted in a conspicuous place upon the motor vehicle and duplicate copies are sent by certified mail to the owner or occupant of the private property at the last known address. If the abandoned motor vehicle is located on public property, then sufficient notice shall consist of a copy being conspicuously affixed to the abandoned motor vehicle for a period of 24 hours and a copy mailed to the last known address of the owner of the abandoned motor vehicle.
The notice shall contain the following information:
A.
The date and time the notification was affixed to the motor vehicle;
B.
A statement that pursuant to this article, if the motor vehicle is not removed within seven days from private property, or 24 hours from public property, from the time the notice was affixed, it shall be towed and stored at the property owner's or occupant's expense if it is on private property, or at the motor vehicle owner's expense if it is on public property;
C.
The storage location of the motor vehicle and a telephone number where additional information may be obtained; and
D.
The identity of the enforcement officer affixing the notice.
If the motor vehicle is not removed within 24 hours from public property or within seven days from private property, the Board of Selectmen shall have the motor vehicle taken into custody under the supervision of its enforcement officer and the same shall be stored in a suitable place, except that the enforcement officer shall make a reasonable attempt to notify the owner of any motor vehicle which is determined to be stolen so that such owner may make arrangements for removal of such motor vehicle. It shall be unlawful for any person to interfere with, hinder, or refuse to allow the Town's enforcement officer or towing contractor to remove a motor vehicle under the provisions of this article, and such interference shall constitute breach of peace.
A.
If the motor vehicle has no registration marker plates or invalid registration marker plates, and if the enforcement officer makes a determination in good faith that the motor vehicle is apparently abandoned, the market value of such motor vehicle in its current condition is $500 or less, and the motor vehicle is so vandalized, damaged, or in disrepair as to be unusable as a motor vehicle, title to such motor vehicle shall, upon taking custody of such motor vehicle, immediately vest in the Town. Within 48 hours of the time that such motor vehicle is taken into custody, the Town shall notify the Commissioner of Motor Vehicles, in writing, of the vehicle identification number and a description of the motor vehicle. Upon sale or other disposition of the motor vehicle, the Town shall give written notice by certified mail to the person who was the owner of such motor vehicle at the time of abandonment, if known, and to any lienholder of record according to the Department of Motor Vehicles, which notice shall state that the motor vehicle has been sold or otherwise disposed.
B.
The proceeds of the sale or disposition, or the fair market value of the motor vehicle in its current condition, whichever is greater, less the towing and sale or disposal expenses and the amount of any fines due, shall be paid first to any lienholder of record in order of priority, then to the owner or such owner's duly authorized representative, if claimed by such persons within one year from the date of sale. If such balance is not claimed within such period, it shall escheat to the Town. If the expenses incurred by the Town for towing and the sale or disposition of such motor vehicle and any such fines exceed the proceeds of such sale or disposition, the owner of the motor vehicle shall be liable to the Town for such excess amount.
Within 48 hours of the time that a motor vehicle is taken into custody and stored pursuant to § 266-8 of this article, the Town shall give written notice by certified mail to the owner of such motor vehicle, if known, and to any lienholder of record according to the Department of Motor Vehicles, which notice shall state:
A.
That the motor vehicle has been taken into custody and stored;
B.
The location of storage of the motor vehicle;
C.
That, unless title has already vested in the Town pursuant to § 266-9 of this article, such motor vehicle may be sold after 15 days if the market value of such motor vehicle does not exceed $1,500 or after 45 days if the value of such motor vehicle exceeds $1,500; and
D.
That the owner or lienholder has a right to contest the validity of such taking by application, on a form prescribed by the Commissioner of Motor Vehicles, to the hearing officer named in such notice within 10 days from the date of such notice. Such application form shall be made readily available to the public at the Town Hall.
In the event the owner or occupant of the premises fails or refuses to remove any motor vehicle on private property which is in violation of this article within the time allowed, and if the cost of removal, towing, transporting, storage and disposition exceeds the net proceeds received by the Town for such motor vehicle, then the Town shall have a lien against the premises for the excess cost not covered by the net proceeds received by the Town, which lien shall bear interest at the same rate as provided for delinquent property taxes, and which lien shall be signed by the First Selectman, recorded in the land records, and subject to collection and foreclosure, in the same manner as provided for municipal tax liens in Connecticut General Statutes Revised to 2001 Chapter 205.
A.
The First Selectman shall appoint a suitable person, who shall not be a member of any state or local police department, to be a hearing officer to hear applications to determine whether or not the removal of such motor vehicle was authorized by law. The hearing officer's qualifications and the procedures for the holding of such hearing shall be in accordance with regulations adopted by the Commissioner of Motor Vehicles. The hearing shall be held at the Town Hall and shall be recorded so that a transcript can be made in the event of an appeal.
B.
At such hearing the Board of Selectmen, its enforcement officer, the owner of the motor vehicle, the owner or occupant of the premises, and any lienholder shall have the right to be represented by legal counsel, present witnesses and evidence, and to be heard. If it is determined at the hearing that the motor vehicle was not in violation of this article or state law, the owner of the motor vehicle, or the owner or the occupant of the premises, as the case may be, shall not be liable for any expenses incurred in the towing and storage of such motor vehicle, the lien collection provisions shall not apply, and the Town shall pay such expenses or, if previously paid by such owner, shall reimburse the same.
C.
Any person aggrieved by the decision of the hearing officer may, within 15 days of the notice of such decision, appeal to the Superior Court for the Judicial District of Litchfield.
This article is adopted pursuant to Connecticut General Statutes Revised to 2001 § 7-148(c)(7)(E) and § 14-150a and is intended to comply with the requirements of Connecticut General Statutes Revised to 2001 § 14-150a, regulations adopted thereunder and recent court decisions.
The provisions of this article are severable, and the invalidity of one section, paragraph or phrase shall not affect the validity of the remainder of this article. The captions are included for convenience and shall not constitute legislative intent.
[Adopted 12-13-2016 by Ord. No. 150, effective 1-4-2017]
The purposes of this article are to define, prohibit and abate blight and nuisances, to protect and promote public health, safety and welfare, and to preserve and protect property values in the Town of Harwinton.
This article shall apply uniformly to the maintenance of all residential, nonresidential and undeveloped properties in the Town of Harwinton. Every residential, nonresidential or mixed occupancy building and the land on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of this article. Such compliance is required whether or not such building shall have been constructed, altered or repaired before or after the enactment of this article. Such compliance is required irrespective of any permits or licenses issued for the use or occupancy of the building or premises, for the construction, repair or demolition of the building, or for the installation or repair of equipment or facilities prior to the effective date of this article.
The following definitions shall apply in the interpretation and enforcement of this article:
Any building, structure or premises for which the owner cannot be identified or located by certified mail to the last known address on file with the Town and which is unoccupied or unsecured, or which has been occupied by unauthorized persons or used for illegal purposes, or which presents a danger of structural collapse or fire that may spread to adjacent properties.
Any unregistered, inoperable motor vehicle, camper, motorcycle or moped, recreational vehicle (e.g., golf cart, snowmobile, water sled, all-terrain vehicle, etc.), aircraft, boat or other watercraft, tractor, cart, trailer, riding mower, or farming or construction equipment, whether self-propelled or towed, stored on the exterior of the premises, unless such exterior storage is permitted under the terms of a permit or approval issued by a local or state commission or agency. A vehicle is not abandoned if it is currently registered with a state or federal licensing agency, such as the Department of Motor Vehicles or other agency that licenses the particular type of vehicle. "Inoperable" shall mean that the vehicle is no longer being used for its intended purpose, evidenced by two or more of the following conditions:
Engine no longer starts or is missing;
Flat or missing tires, wheels or other parts necessary for locomotion;
Missing doors or windows;
Tall grass or other vegetation or debris, indicating immobility;
Significant holes, rust, or other evidence of obvious physical decay or neglect or lack of maintenance; or
Use for a purpose other than a means of conveyance (e.g., storage).
Waste, garbage, trash, litter, junk or rubbish that accumulates on any private premises, business, lot, or abandoned property which is not completely contained within trash or refuse storage bins, racks or enclosures, or other containers as approved by the Town for such use, all or part of which has remained in such location for at least 60 days.
The Board of Selectmen is authorized, pursuant to this article, to act as the Blight Commission to identify, receive and investigate or authorize the appropriate official to investigate blighted property complaints and to enforce this article. The Board of Selectmen is authorized to appoint two additional electors of the Town of Harwinton to serve with them as members of the Blight Commission for a term concurrent with that of the Board of Selectmen.
A property which is subject to the scope of this article and which exhibits one or more of the characteristics as defined in § 266-18 of this article.
A person who can be reasonably expected to perform maintenance and yard work around a property or premises. This shall include children over 16 years of age without physical or mental disability as defined herein.
One or more qualified residents of the Town of Harwinton appointed by the Board of Selectmen pursuant to this article to hear and decide contested citations.
The General Statutes of the State of Connecticut revised to January 1, 2016, including any applicable amendments.
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, and equipment such as automobiles, boats, and recreation vehicles which is unregistered and 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 or garbage which is in public view or clearly visible from a proximate property.
In a physically deteriorating condition which, if left unabated, would cause an unsafe or unsanitary condition or a nuisance to the general public.
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.
In poor working order, dilapidated, decrepit or in an imminent state of collapse.
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food or the keeping of pets or other animals.
The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
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 or disposition, examples of which include tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood and lumber.
The storage or parking of two or more unregistered and inoperable motor vehicles (or the equivalent in parts of motor vehicles) located on the same premises.
Occupancy that is legal by virtue of compliance with state building, state fire safety, local zoning, local housing, and all other pertinent codes, and which, in the case of rental property, must be substantiated by a rental agreement, a rent receipt or a utility statement.
Any apparatus designed to operate by an internal combustion engine, or designed to be towed by an apparatus propelled by an internal combustion engine.
Areas where trees and brush exist in their natural state.
Any public nuisance as defined by statute or ordinance.
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, swimming pools, shafts, basements, excavations, refrigerators, freezers, vehicles, garbage, refuse, rubbish and any structurally unsound fences (in excess of four feet high), buildings or other structures.
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
Whatever renders air, food or drink unwholesome or detrimental to the health of humans.
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 Fire Marshal or his duly authorized agent.
Any person who runs or manages a commercial or industrial establishment.
Arranged in conforming to or exhibiting some regular order; systemic in regular or proper order.
Overrun with weeds, plants or grasses that have grown too large or thick.
Any person, institution, legal entity or authority which owns, leases, rents, possesses, controls, manages or is responsible for property within the Town.
Existing or remaining in the same state for a period of least 60 days.
Any individual, corporation, partnership, limited liability company, limited liability partnership, association, trust or unincorporated organization.
A lot, parcel or tract of land, including its buildings or structures, either occupied or unoccupied. The term "premises," where the context requires, shall be deemed to include any building, dwelling, structure or parcel of land within the scope of this article.
Any premises or parcel of land within 1,000 feet of a blighted premises.
Visible from any public right-of-way or neighboring property, at grade level, at any time during the year.
Liable to undergo decomposition or rotting by bacteria, fungi, and oxidation and/or may result in the formation of foul-smelling products.
Exercising the degree of caution and concern an ordinarily prudent and rational person would use in similar circumstances.
Solid waste 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.
Free from filth and pathogens.
Anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground.
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.
Buildings, structures, premises or portions thereof, including tenant spaces, which have been unoccupied for a period of 90 days or longer.
A parcel of land with no structure thereon.
A.
No owner/occupant of real property within the Town of Harwinton shall cause or allow any premises owned, leased, rented, possessed, controlled or managed by such owner/occupant to become blighted, nor shall any owner/occupant allow the continued existence of such blighted premises. A blighted premises is identified as any principal building or structure, accessory building or structure, or any parcel of land in or on which at least one of the following conditions exists:
(1)
It has been determined by the Building Official, Fire Marshal, Torrington Area Health District, or Zoning Enforcement Officer, or other appropriate official as designated by the Blight Commission, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the occupants or other persons in the Town;
(2)
The Fire Marshal has determined that a building or structure is a fire hazard;
(3)
The property is in a state of disrepair or is dilapidated;
(4)
The property is attracting illegal activity due to its state of disrepair or dilapidation;
(5)
Persistent occurrences of any of the following: violations of building, fire, zoning, housing or health codes; or
(6)
The property is not being adequately maintained, as evidenced by the following factors:
(a)
Missing, broken or boarded up windows or doors;
(b)
Collapsing or missing walls and/or roof;
(c)
Seriously damaged or missing siding;
(d)
Unrepaired water or fire damage;
(e)
Rodent harborage and/or infestation;
(f)
Persistent debris, rubbish, garbage or accumulating refuse on the property;
(g)
Two or more abandoned or unregistered vehicles; or
(h)
Overgrown brush, shrubs, weeds and/or grass in the yard surrounding the dwelling or other buildings; provided, however, failure to regularly mow one's lawn, in and of itself, is not considered to be blight without one or more of the other factors listed above.
B.
Agricultural or farming activities protected under Chapter 201, Farming, Article I, Right to Farm, of this Code, if operated or carried on in accordance with the state's best management practices for agriculture, shall not be considered as evidence of blight on any premises operated, classified or registered as a farm with the Town of Harwinton or the State of Connecticut Department of Agriculture.
This article hereby establishes a Blight Commission consisting of the three members of the Board of Selectmen and two additional members appointed by the Board of Selectmen, who shall be electors of the Town and who shall serve for terms of two years to run concurrently with the terms of the Board of Selectmen. The Blight Commission shall appoint a Chairman to conduct its meetings and a Secretary to post its agenda, record its proceedings and prepare warning notices and citations. The Blight Commission shall comply with the provisions of the Freedom of Information Act, Connecticut General Statutes § 1-200 et seq.
A.
The Blight Commission will meet regularly, or as needed, to identify potentially blighted properties and receive, review, evaluate and address complaints of blight. The Blight Commission shall refer any complaints received under this article to the appropriate municipal official or officials designated in § 266-18A(1) of this article to investigate blighted property complaints.
B.
The Blight Commission shall have the authority to issue warning notices and citations and to authorize the remediation of blighted conditions according to the procedure set forth in this article. Furthermore, the Blight Commission shall have the authority to communicate and coordinate with any other municipal board, commission, or other appropriate state or municipal official as the factual circumstances may suggest. Furthermore, the Blight Commission shall have the authority to make or refer any complaint to any other municipal board, commission, or other appropriate state or municipal official as the factual circumstances may suggest and where a more appropriate remedy may exist.
C.
All actions taken by the Blight Commission shall require a majority vote of its members present and voting at a regular or special meeting warned for such purpose.
A.
Any resident, property owner or public official of the Town of Harwinton shall file a written complaint of violation of this article with the Blight Commission on a form prescribed by the Blight Commission for review. If, after a thorough investigation, it appears to the Blight Commission that a violation of this article exists, the Blight Commission shall provide a warning notice to the owner/occupant and to any individual or legal entity with a recorded lien against the property at the time such determination has been made.
B.
A warning notice from the Blight Commission shall be issued prior to issuing a citation.
C.
The warning notice shall:
(1)
Include a description of the premises sufficient for identification and specify the nature of the violation that is alleged to exist on the premises and the remedial action which is required;
(2)
Allow a period of 60 days for the performance of any act required; provided, however, upon written request from the owner/occupant the Blight Commission may allow for a longer period for abatement depending on the nature of the violation;
(3)
Specify that if the required remedial actions are not completed within the time allowed, the civil penalties commencing thereafter which may be imposed for noncompliance shall be $25 per day for days one through 30, $50 per day for days 31 through 60, and $100 per day for each day that the violation continues beyond 60 days from the date set for compliance in the warning notice;
(5)
Specify that in the process of remediation, the Town may remove and dispose of items constituting and/or contributing to the blighted condition of the property at the owner/occupant's cost which, if not paid, shall be lien against the premises;
(6)
Advise that the owner/occupant may respond to a warning notice in writing or in person at the next Blight Commission meeting to be heard as to the violation alleged in the warning notice and/or provide information regarding special considerations, as described in § 266-32 of this article; and
(7)
Specify that the owner/occupant shall inform the Blight Commission in writing when the violation has been corrected.
D.
A warning notice to the owner/occupant with a copy to any lienholder shall be given by one of the following methods:
(1)
By personal delivery to the owner/occupant by the investigating officer or official;
(2)
By certified mail, return receipt requested, addressed to the owner/occupant and to any lienholder at his/her/its last known address with postage prepaid thereon, or if a warning notice served via certified mail is unclaimed, it may be sent by regular United States first-class mail; or
(3)
Personal or abode service by a state marshal.
E.
Failure to provide a copy of the warning notice to any lienholder shall not relieve the owner/occupant of the obligation to remediate the violation(s) or of paying any civil penalties or costs of remediation.
A.
If the remedial actions specified in the warning notice are not taken within 60 days from the date that the warning notice is personally delivered, mailed or served, the Blight Commission may issue a citation to the owner/occupant with a copy to any lienholder unless the Blight Commission receives information sufficient to determine that no violation exists or that the violation has been corrected. Failure to provide a copy to any lienholder shall not relieve the owner/occupant of remediating the violation(s) or from liability for any civil penalties or costs of remediation.
B.
A citation shall be in writing and include:
(1)
A description of the real estate sufficient for identification, specifying the nature of the violation that is alleged to exist and the remedial actions required;
(2)
Detailed information regarding the contents of the initial warning notice and the failure of the owner/occupant to take the remedial actions specified therein within the time prescribed in the warning notice;
(3)
The amount of the civil penalties due for noncompliance and a statement that the owner/occupant has 10 days from receipt of the citation within which to make uncontested payment;
(4)
Notice that it is the owner/occupant's obligation to inform the Blight Commission in writing that the violation has been brought into compliance;
(5)
A statement that the owner/occupant may contest the citation and request a hearing before a citation hearing officer in accordance with § 266-25 of this article; and
(6)
A statement that if the owner/occupant does not pay the civil penalties or request a hearing, an assessment and judgment shall be entered against such owner/occupant.
Uncontested payment to the Town of Harwinton of the civil penalties specified in the citation shall be allowed for a period of 10 calendar days from receipt of the citation. If the citation was sent by mail as set forth in § 266-20D(2) of this article, the day of receipt of the citation shall be deemed to be four days after the date of its mailing.
A.
If uncontested payment of the civil penalties specified in the citation is not made within the ten-day period set forth in § 266-22 of this article, at any time within 12 months from the expiration of the ten-day period the Blight Commission shall provide notice to the person(s) cited, informing such person:
(1)
Of the allegations against such person and the amount of the civil penalties, costs, or fees due;
(2)
That the cited person may contest the citation before a citation hearing officer by delivering, in person or by mail, within 10 days of the date of the notice (the date of delivery if hand delivered or the date of mailing if mailed), a written request for a hearing;
(3)
That filing a request for a hearing shall cause the daily accrual of civil penalties to cease from the date such filing is hand delivered or mailed to the Blight Commission until the date the hearing officer renders a decision unless, during such period, the violation of this article is expanded or increased;
(4)
That if the cited person does not request such a hearing, an assessment and judgment shall be entered against such person; and
(5)
That such judgment may issue without further notice.
A.
Any cited person who wishes to admit liability without requesting a hearing may pay the full amount of the civil penalties admitted, in person or by mail, to the Town of Harwinton. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment.
B.
Any person who does not deliver or mail written request for a hearing within 10 days of the date of the notice described in § 266-23 above (the date of delivery if hand delivered or the date of mailing if mailed) shall be deemed to have admitted liability for violating this article. The Blight Commission or its designee shall certify such person's failure to respond to the citation hearing officer. The citation hearing officer shall enter and assess the civil penalties provided in § 266-20C(3) of this article and shall thereafter follow the procedures set forth in § 266-27 of this article.
A.
An owner/occupant may request a hearing within 10 days after receiving a citation described in § 266-23 of this article. Such request shall be made in writing and mailed or delivered to the following: Town of Harwinton Blight Commission, 100 Bentley Drive, P.O. Box 66, Harwinton, CT 06791.
B.
Any person who requests a hearing shall be given written notice of the date, time and place for a hearing to be held not less than 15 days nor more than 30 days from the date of the original request. The citation hearing officer shall grant, upon good cause shown, any reasonable request by any interested party for a postponement or continuance. An original or certified copy of the citation shall be filed and retained by the Blight Commission and shall be deemed to be a business record within the scope of Connecticut General Statutes § 52-180 and evidence of the facts contained therein. Upon request of the person appealing the citation, the presence of a member of the Blight Commission shall be required at the hearing. A person wishing to contest liability shall appear at the hearing, present evidence, and may be represented by an attorney. A designated municipal official, other than the citation hearing officer, may present evidence on behalf of the municipality. If the person who was served the citation, without a continuance or good cause shown, fails to appear, the citation hearing officer may enter an assessment by default against the person upon a finding of proper notice and liability under the applicable provision(s) of this article. The citation hearing officer may accept written information by mail from the person who received the citation and may determine thereby that the appearance of such person is unnecessary. The citation hearing officer shall conduct the hearing in the order and form and with such methods of proof as the citation officer deems fair and appropriate.
C.
The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.
D.
Pending the hearing before a citation hearing officer, no further enforcement activity as contemplated by §§ 266-29 and 266-31 shall occur until either a hearing is held or the citation hearing officer assesses civil penalties or until the person fails to appear for a scheduled hearing and the citation hearing officer assesses civil penalties.
The citation hearing officer shall announce the decision at the end of the hearing. If the citation hearing officer determines that the person who received the citation is not liable, the citation hearing officer shall dismiss the matter and enter that determination in writing accordingly. If the citation hearing officer determines that the person is liable for the violation, the citation hearing officer shall forthwith enter and assess the civil penalties against such person as provided by this article, which penalties shall be immediately due and payable. The amount thereof shall be stated by the citation hearing officer in the decision.
If such assessment is not paid on the date of its entry, the citation hearing officer shall send by first-class mail a notice of the assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court for the Judicial District of Litchfield or as otherwise designated by the Chief Court Administrator, together with the required entry fee. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk shall enter judgment, in the amount of such record of assessment and requisite court costs, against such person in favor of the municipality. The citation 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 issue without further notice to such person.
A person against whom an assessment has been entered pursuant to this article is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of 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 Connecticut General Statutes § 52-259, at the Superior Court for the Judicial District of Litchfield or as otherwise designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the Superior Court.
When an owner/occupant has been found liable for a violation of this article through failure to timely seek a hearing to contest liability before a citation hearing officer or due to the determination of the owner/occupant's liability by the citation hearing officer, the Blight Commission, within the limits of authorized appropriations, may authorize a Town-approved private contractor or the Highway Department to enter the property during reasonable hours for the purpose of remediating the blighted conditions. In performing such remediation, however, the Town and/or its designated agents may not enter any dwelling, accessory building or other structure on such property without the written permission of the owner and any occupants.
The Board of Selectmen shall, within the limit of available appropriations, appoint up to three qualified residents of the Town to serve as citation hearing officers who shall serve two-year terms to run concurrently with the terms of the Board of Selectmen. No member of the Blight Commission, Zoning Enforcement Officer, Building Official, Fire Marshal, police officer, or employee of the Town may be appointed as a citation hearing officer under this article. Such persons shall have experience in mediation, arbitration, litigation or other qualifications to serve as a hearing officer of the Town.
A.
The owner/occupant of a premises where a violation of any of the provisions of this article shall exist or who shall maintain any building or premises in which such violations exist may:
(1)
Be assessed civil penalties not to exceed the penalties specified in § 266-20C(3) for each day that a violation continues after a warning notice described in § 266-20 of this article is given to the owner/occupant;
(2)
Be required to abate the violation at the owner/occupant's expense; and/or
(3)
Be subject to the Town's remediation of the blighted condition(s) and assessment of the costs of said remediation against the subject property by levying a lien on the subject real estate.
B.
Any unpaid civil penalty imposed pursuant to this article shall constitute a lien upon the real estate against which the civil penalty was imposed from the date such civil penalty was assessed by the citation hearing officer. 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 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.
If the Town remediates blighted conditions on property pursuant to § 266-29 of this article, the costs of such remediation may be assessed against the property in the form of a lien which shall take precedence over any other encumbrance except municipal tax assessments on such property. The Town shall, not later than 30 days after the date on which such work is certified by the Blight Commission as completed, file a certificate of such lien in the land records and give notice to the owner of the property in the same manner as provided for property tax liens in the Connecticut General Statutes. Simultaneous with the filing, the Town shall make reasonable effort to mail a copy of the certificate by first-class mail to any record lienholder's current or last known address; provided, however, failure to do so shall not invalidate the lien.
D.
In addition to all other remedies and any civil penalties imposed herein, the provisions of this article may be enforced by injunctive proceedings in Superior Court for the Judicial District of Litchfield. The Town may recover from such owner/occupant or other responsible person any and all costs and fees, including reasonable attorney's fees, expended by the Town in enforcing the provisions of this article.
A.
Notwithstanding anything herein to the contrary, in evaluating whether to issue a warning notice, citation, or notice of violation and hearing, the Blight Commission may give special consideration to individuals who are elderly, disabled, hospitalized, or on active military duty who demonstrate that the violation results from an inability to maintain an owner-occupied residence; that no person with that ability resides therein.
B.
Such special consideration shall include the reduction or elimination of civil penalties and/or an agreement that the Town or its agents may perform the necessary work and place a lien against the premises for the cost thereof in accordance with the provisions of this article.
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.
A.
Where terms are specifically defined or the meanings of such terms are clearly indicated by their context, that meaning is to be used in the interpretation of this article.
B.
Where terms are not specifically defined and such terms are defined in the Town ordinances, such terms shall have the same meaning for the interpretation and enforcement of this article.
C.
Where terms are not specifically defined in this article, they shall have their ordinarily accepted meaning or such meaning as the context may imply.
D.
The provisions of this article shall not be construed to prevent the enforcement of other codes, ordinances or regulations of the Town.
E.
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 provision of the Town ordinances or the laws of State of Connecticut, the provision which establishes the higher standard for the promotion and protection of the health and safety of public health and safety shall prevail.
A.
This article is adopted pursuant to the authority granted in Connecticut General Statutes §§ 7-148(c)(7)(A)(i) and (ii), (E) and (H)(xv), 7-148o, 7-148aa, 7-148ff, 7-148gg, 7-148ii, 7-148jj, and 7-152c, as may be amended.
B.
This article shall take effect 15 days after publication of a summary of its provisions pursuant to Connecticut General Statutes § 7-157(b) and shall not be implemented until one or more citation hearing officers have been appointed by the Board of Selectmen and duly qualified.