[Ord. No. 120, 5-19-1980; Ord. No. 172, 8-9-1987; Ord. No. 184, 3-6-1990; Ord. No. 229, 5-16-2000; Ord. No. 280, 8-7-2007; Ord. No. 282, 2-5-2008; Ord. No. 289, 3-17-2009; Ord. No. 304, 10-12-2016]
The following are established as fees for certificates of occupancy and building permits in the town to be paid to the building official's office, after which a building permit and/or certificate of occupancy may be issued:
(1) 
The fee for a specific certificate of occupancy or code compliance, if one is required for the project, shall be ten dollars ($10.00).
(2) 
The fee for all building permits shall be thirty dollars ($30.00) for the first one thousand dollars ($1,000.00) of estimated cost, or any fraction thereof of estimated cost. Twenty dollars ($20.00) per one thousand dollars ($1,000.00) of estimated costs or any fraction thereof shall apply to any amount over one thousand dollars ($1,000.00) except residential real estate. The fee for all building permits for residential real estate shall be fifteen dollars ($15.00) per one thousand dollars ($1,000.00) up to and including seventy five thousand dollars ($75,000.00). Then twenty dollars ($20.00) per one thousand dollars ($1,000.00) of estimated costs or any fraction thereof shall apply to any amounts over seventy five thousand dollars ($75,000.00) for residential real estate.
(3) 
Any professional licensed or registered contractors found doing work without first filing for a permit shall be charged an amount equal to the cost of the permit, in effect doubling the amount. Any professional licensed or registered contractor that fails a regular scheduled inspection due to the work not being done at the time of the inspection, which causes the building department to make a second trip, will be subject to a re-inspection charge of thirty dollars ($30.00). This shall be payable prior to the inspection. Any work being done by a homeowner shall be exempt from these items.
(4) 
Building applications when taxes are delinquent. As provided by G.S. § 7-148(2)(B), withholding of building permits, certificates of occupancy and other building applications for a property for which taxes are delinquent is authorized and directed to be enacted by the building official in conjunction with the revenue collector. Issuance of all building permits, certificates of occupancy and/or other building applications shall be withheld until such time as the revenue collector verifies to the building official that no tax delinquencies exist on the property for which the building permit, certificates of occupancy or other building application is sought.
The mayor shall have authority to override the withholding of the issuance of such permits on property for which a tax delinquency exists, if it is determined by the mayor that health or safety concerns or extraordinary circumstances warrant such override action. Notification of such override shall be provided, in writing, to the revenue collector, the building official.
(5) 
The building official shall exempt from the payment of building permit fees all projects involving the repair or replacement of defective concrete foundations including basement walls, footings and floors. To obtain this exemption, the applicant shall submit evidence of the defective concrete foundation at the time of the permit application to the satisfaction of the building official. In the event an applicant is aggrieved by the decision of the building official to deny an exemption request, the applicant shall have the right to an appeal as afforded by the Connecticut State Building Code.
[Ord. No. 163, 7-1-1986]
(a) 
Purpose. The purpose of this section shall be to promote public safety and convenience by providing a rational street numbering system whereby addresses may be identified with the ease and speed which is essential to the quick response of emergency services, including police, firefighting and emergency medical care.
(b) 
Assignment of numbers. Under the supervision of the town engineer and town assessor, the town, without notice, may assign to each building, or part of a building other than an accessory building, a street identification number by which such building shall be known and may change such number of such building or part of such building. Whenever a new street or highway is laid out, the town shall assign to the land abutting such street or highway numbers at such measured intervals or distances as the public interest shall require. The town engineer shall assign such identification numbers to any subdivisions approved after July 20, 1986. The town assessor shall assign such identification numbers to all other buildings or lots.
(c) 
Buildings existing on July 20, 1986. The owners of buildings existing on July 20, 1986, shall affix numerals indicating the street identification number which has been assigned to such building. Any owner who refuses or neglects to comply with this section shall be notified by the town, in writing, of the provisions of this section and shall comply with such provisions within thirty (30) days of the mailing of such notice. Address identification using words rather than numerals shall not satisfy this requirement.
(d) 
Buildings completed after July 20, 1986. The owners of buildings completed after July 20, 1986, shall affix numerals indicating the street identification numbers assigned to such building prior to the occupancy of such buildings.
(e) 
Location and other specifications of numerals. The numerals used to indicate the street identification number of buildings shall be located on the exterior front of the building which they identify or on a post, sign, mailbox or other device located between the building and the street. Such numerals shall be at least three (3) inches in height and shall be of a color contrasting to the color of the background material to which they are affixed. When affixed, they shall be positioned not less than four (4) feet nor more than twelve (12) feet from the surface of the ground directly below them, except when they are affixed to a mailbox, in which case the minimum height for such numerals shall be forty-two (42) inches from street level. The location and size of such numerals shall be sufficient to ensure their legibility when the building which they occupy is viewed from one (1) or more points along the centerline of the street on which it fronts between projections of the sides of such building intersecting perpendicularly with the centerline. If such building is set back more than one hundred (100) feet from the centerline of the street on which it fronts, or if the numerals cannot be made legible from the centerline because of construction, the numerals shall be affixed to a post, sign, mailbox or other device which shall be located within ten (10) feet of the driveway entrance to the premises and which shall otherwise conform to the specifications herein. For buildings containing more than three (3) dwelling units which have entrances from interior passageways, numerals shall be affixed within five (5) feet of every door by which the building may be entered. Otherwise, the specifications and locations for such numerals shall be as for other buildings.
(f) 
Penalty for violation. Whoever shall violate any of the provisions of this section or refuses or neglects to comply with the same shall be deemed guilty of an infraction and shall be fined two dollars ($2.00) for each day, after notice in accordance with subsection (c) of this section, during which such violation continues.
(g) 
Enforcing agency. The enforcing agency for the provisions of this section shall be the police department or the building official.
[Ord. No. 198, 7-23-1992]
(a) 
Findings. There are located in Vernon buildings of architectural and historic importance that are invaluable assets of the community and are irreplaceable. Historic buildings may be subject to demolition due to their age and condition. An owner of an historically significant building may not realize the significance of the building, the feasibility of rehabilitation, the potential for adaptive reuse or its marketability for sale to a party interested in obtaining an historic building. A temporary delay of demolition of an historic building accompanied by public notification of the pending demolition can prevent an irremediable error from occurring and be an important step in preserving the historically significant architecture of the community.
(b) 
Application to be filed; required information. Each person filing an application for a permit to demolish a building in the Town of Vernon that is more than fifty (50) years old shall file with the town's building official, on forms provided by the building official, the following: (1) Any information required by the building official; (2) The address of the building to be demolished; (3) The name and address of the building's owner; (4) The date on which demolition is desired to begin; and (5) The approximate age and type of building to be demolished. The application shall include a copy of the current assessor's street card.
(c) 
Notice. Upon receipt of an application, the building official shall publish a copy of the notice in a newspaper having a substantial circulation in the town. Such notice shall be published not later than fifteen (15) days after its receipt by the building official. The building official shall mail such notice, not later than the date of its publication, to the local historic properties commission, the municipal historian, and to any person or organization requesting such notification by a written document delivered to the building official. Each such request for notification shall be renewed annually in writing.
(d) 
Purpose of notice; delay authorized. The purpose of the notice of demolition is to provide public awareness of the intent to demolish a building more than fifty (50) years old so that proper consideration may be given to its historical, architectural and/or cultural significance to the town. If the building official has received no written objection to the application within fifteen (15) days after such notice is published, he/she may issue a demolition permit. If the building official receives a written objection to the issuance of a permit, he/she shall delay the issuance of a permit for up to ninety (90) days following the date on which he/she received the application and notice.
(e) 
Waiver by building official. If the building official, in consultation with the historic properties commission and/or the municipal historian, makes a written finding that the building which is proposed to be demolished is not of an age, style, location and/or cultural significance to the town, he/she may waive the provision of this section requiring notice of the provision requiring delay in the issuance of a demolition permit.
(f) 
Appeals. Any person aggrieved by the action of the building official in waiving such provisions or delaying the demolition may appeal to the building code board of appeals. Upon receipt of a written request for appeal, the building official shall request the chair of the building code board of appeals to conduct a public hearing within five (5) days, excluding Saturdays, Sundays and legal holidays, after the date of receipt of the appeal. The board shall upon majority vote affirm, modify or reverse the decision of the building official in a written decision. The board shall file its decision with the building official not later than five (5) days, exclusive of Saturdays, Sundays and legal holidays, following the day of the hearing. A copy of the decision shall be mailed to the party making the appeal.
[Ord. No. 221, 11-17-1998; Ord. No. 223, 2-2-1999; Ord. No. 230, 6-21-2000; Ord. No. 276, 5-1-2007; Ord. No. 303, 6-11-2016]
(a) 
Purpose. This provision is authorized pursuant to Section 7-148(c)(7)(H)(xv) of the Connecticut General Statutes. It is hereby found and declared that there exist within the town real properties which contain vacant and blighted buildings. It is further found that the existence of these vacant and blighted buildings adversely affects property values within the town and threatens the health, safety and general welfare of its residents.
(b) 
Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
BLIGHTED BUILDINGS
Shall mean any vacant building and/or any of said buildings accessory structure(s), and in which at least one (1) of the additional following conditions exists:
(1) 
It is vacant and not being maintained. The following factors may be considered in determining whether a building or structure is not being maintained:
a. 
Missing or boarded windows or doors; except boarded openings as a temporary security measure for a period of one (1) year or less;
b. 
Collapsing or missing walls, roof or floor as determined by the zoning enforcement officer;
c. 
Exterior walls which contain breaks, loose or rotting materials or which are not properly surface coated to prevent deterioration;
d. 
Garbage, trash or junk on the premises;
e. 
Overgrown grass or weeds at least one (1) foot in height.
(2) 
It is vacant and attracting illegal activity as documented in police department records.
(3) 
The building or structure is vacant and a factor creating a substantial and unreasonable interference with the use and enjoyment of other properties within the surrounding area as documented by neighborhood complaints, police reports or the cancellation of insurance on proximate properties.
BOARDED OPENINGS
Shall mean any opening covered with cut and fit piece of solid and solid building material secured at the perimeter with nails and/or screws, painted to match the body color of the building used as a temporary security measure for less than one (1) year to preserve the integrity of the building.
CITATION HEARING OFFICER
Shall mean an individual(s) appointed by the mayor to conduct hearings authorized by this article pursuant to section 2-6, as amended.
LEGAL OCCUPANCY
Shall mean occupancy in accordance with state building, state fire, local zoning, local housing and all other pertinent codes.
OWNER
Shall mean any person, institution, foundation, entity, or authority, which owns real property within the town, or the executor or administrator of any estate containing real property within the town in its inventory or the trustee of any trust holding legal title to real property within the town for the benefit of others.
PREMISES
Shall mean a parcel of land with building(s) and/or accessory structures.
PROXIMATE PROPERTY
Shall mean any premises or parcel of land under separate ownership from the subject premises within one thousand (1,000) feet of a vacant and blighted property.
VACANT
Shall mean not legally occupied by human beings. Vacant status in and of itself does not constitute a blighted building.
VACANT STATUS DATE
Shall mean the date when a vacant building is verified by the zoning enforcement officer as being vacant and is included on the list of vacant buildings.
ZONING ENFORCEMENT OFFICER
Shall mean such officer appointed in accordance with Chapter 124 of the Connecticut General Statutes or his designee.
(c) 
Prohibition against creating or maintaining blighted premises. No owner of real property, taxable or tax-exempt, within the town shall cause or allow blighted premises to be created nor shall any owner allow the continued existence of blighted premises.
(d) 
Certification of list of vacant buildings.
(1) 
Immediately following enactment of this section, the town administrator shall request that all town department heads report any property of which they are aware which appears to be vacant. Such reports shall be submitted within thirty (30) days of the town administrator's request.
(2) 
The town administrator shall use this information and any other available information to complete a list of potential vacant properties within fifteen (15) days. Upon compilation of the initial list, the town administrator will transmit said list to the zoning enforcement officer who will verify the vacant status within thirty (30) days of receipt and establish the vacant status date of the building. Thereafter, the zoning enforcement officer will, upon verification by physical inspection, add such subsequent vacant buildings to the list of vacant buildings as he becomes aware of, then noting the vacant status date of the building.
(3) 
Upon inclusion on the list of vacant buildings, the zoning enforcement officer shall, within fifteen (15) days, cause to be sent by certified mail, return receipt requested, notice of inclusion on such list to the last known address of the last known owner of the building. This notice will include the vacant status date and will include a notice of what constitutes a vacant and blighted building and the penalties such properties are subject to under this section. The notice will also include a list of possible community resources available to the owner.
(4) 
The zoning enforcement officer shall, when a building has remained on the list of vacant buildings for a continuous period in excess of sixty (60) days from its vacant status date, inspect said property for conditions that would qualify it as vacant and blighted as referenced in subsections (b)(1), (2), and (3) above.
(5) 
On or before October 1 of each year the zoning enforcement officer shall provide a list of the additions or deletions to the list of vacant buildings to the tax assessor so that the assessment may be adjusted accordingly.
(e) 
Appointment of citation hearing officer. Hearings authorized by this section shall be conducted as provided in section 2-5.
(f) 
Enforcement and hearings with property owners.
(1) 
The zoning enforcement officer will undertake regular inspection of a property on the list of vacant properties for the purpose of documenting continuous vacancy. Once a property reaches sixty (60) days from its vacant status date, the zoning enforcement officer will inspect for conditions of blight as defined in subsections (b)(1), (2), and (3) above. If blighted conditions are found to exist, the zoning enforcement officer shall issue a notice of violation.
(2) 
The notice of violation must contain the following:
a. 
The date vacancy was established.
b. 
The date notice of vacancy was sent.
c. 
The date vacant and blighted was established.
d. 
The date of the violation.
e. 
The nature of the violation.
(3) 
If the violation is not remedied with thirty (30) days, the zoning enforcement official may issue a citation and impose a penalty in accordance with Section 7-148(c)(7)(H)(xv) of the General Statutes of Connecticut.
(4) 
A person receiving a citation shall be allowed a period of thirty (30) days from his or her receipt of the citation to make an uncontested payment of the fine specified in the citation payable to the town treasurer and mailed or delivered to the town's building department. The citation will be sent by both certified and regular mail by the zoning enforcement officer, return receipt requested, to the person's last-known address on file with the tax collector, per Section 7-152c(c) of the General Statutes of Connecticut.
(5) 
At any time within twelve (12) months from the expiration of the final period for the uncontested payment of fines under this chapter, the zoning enforcement officer may send notice of enforcement of the citation to the person cited.
(6) 
The notice of enforcement of citation must contain the following:
a. 
The allegations against the person cited and the amount of the fines, penalties, costs or fees due.
b. 
Notice that the person may contest his liability before a citation hearing officer by delivering in person or by mail written notice within ten (10) days of the date thereof.
c. 
Notice that if the person does not demand such a hearing, an assessment and judgment shall be entered against him.
d. 
Notice that such judgment may issue without further notice.
e. 
A copy of Ordinance No. 218 "Hearing Procedure for Citation," codified herein as section 2-5.
(7) 
Any person issued an enforcement of a citation shall be entitled to a hearing to contest the enforcement of the citation. The procedure for hearing, disposition and enforcement shall be as set forth in General Statutes Section 7-152c, "Hearing Procedure for Citations," as the same may be amended from time to time by an ordinance of the Town of Vernon entitled "An Ordinance Amending Ordinance No. 215, entitled 'An Ordinance Establishing Hearing Procedures for Citations.'"
(8) 
Any unpaid fine imposed pursuant to the provisions of this chapter regulating blight, after judgment has entered on the record of assessment per Section 7-152c(f) of the General Statutes of Connecticut, shall constitute a lien upon the real estate in the amount of the record of assessment. 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 the effective date of this section and encumbrances, except taxes, and may be enforced in the same manner as property tax liens, per Section 7-148aa of the General Statutes of Connecticut.
(g) 
Defenses. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf. Relief may be granted if the owner can establish to the hearing officer's satisfaction that:
(1) 
The owner cited was not the owner of record of the property at the time the notice of violation and the order to correct was issued.
(2) 
Notice of the citation was not properly served upon the owner of record in accordance with subsection (f)(2) above.
(3) 
The notice of the citation was not in proper form in accordance with subsection (f)(4) above.
(4) 
The building is actively undergoing repairs that are required to be made to correct violations of subsection (b)(1) or (2) or (3), as certified by the zoning enforcement officer.
(5) 
If the person demonstrates that he intends to demolish the blighted structure, the hearing officer shall stay the matter and enter his determination in writing accordingly. Said stay shall be expressly conditioned upon the demolition of the blighted structure within three (3) months. If the conditions of the stay have not been met within three (3) months, the hearing officer shall enter and assess the fines, penalties, costs or fees against such person as provided by this section.
If the hearing officer determines that the person is liable for the violation, he shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by this section against such person issued a notice of enforcement for said citation, and shall so notify said person both by certified mail return receipt requested and first class mail sent to the person's last known address on file per Section 7-152c(c) of the General Statutes of Connecticut.
(6) 
Any other valid defense recognized in law or equity.
(h) 
Duration. This section shall be effective for not more than ten (10) years from the date of adoption; at which time, if the town council does not or has not acted to renew the ordinance, this section shall be deemed repealed. This section shall be reviewed by the town council annually and at such time the town council may proceed to amend or repeal said section as it so chooses.
(i) 
Severability. If any provision of this section or the application thereof shall be held invalid or unenforceable, the remainder of this section, or the application of such terms and provisions to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining term and provision hereof shall be deemed valid and shall be enforced to the fullest extent permitted by law.
(j) 
Administration. The provisions of this section, subsections (a) through (i) inclusive, shall be in addition to and not in derogation of any and all provisions of the Connecticut General Statutes and ordinances of the town.
(k) 
Reduction in assessment. Pursuant to Section 12-121(e) of the Connecticut General Statutes as amended, the town council may enter into an agreement with any party owning or proposing to acquire an interest in real property in the town which is on the certified list of vacant buildings, as set out in subsection 3-4(d), fixing the assessment of the real property which is the subject of the agreement and all improvements thereon or therein. An application requesting such a reduction shall [be] made in writing to the town administrator which shall include a business plan for the renovated property, a fiscal impact study and such other information or documentation which the town administrator deems necessary to make a recommendation to the town council. After review of the application, the town administrator will make a recommendation to the town council as to the amount and duration of any reduction of the assessment and the town council may grant or deny such request by a majority vote. If granted, the tax assessment shall be adjusted after the building is rehabilitated and a certificate of occupancy has been issued. Prior to granting any reduction the party receiving the reduction shall be required to provide proof via affidavit from the owner or authorized agent with such supporting data as the tax assessor may reasonably require as to the actual cost of the improvements made on the property.
The following table lists the minimum value of an improvement that qualifies for a reduction, the maximum reduction and the maximum reduction period. The town council shall determine the specific reduction of the tax assessment for each project based upon the benefits to the town.
Cost of Improvements
Reduction
Term
$10 million and higher
Up to 100% of increased assessment
Up to 25 years
$5—$10 million
Up to 75% of increased assessment
Up to 15 years
$1—$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
(l) 
Sunset. This section shall be effective for not more than ten (10) years from the date of adoption of the ordinance from which it is derived, at which time, if the town council does not or has not acted to renew the ordinance, it shall be deemed repealed.
[Ord. No. 277, 6-19-2007]
(a) 
Purpose. To facilitate "private investment," to preserve architectural history, increase tax rolls and eliminate blight and renew the abandoned and vacant housing stock and commercial properties of Vernon and Historic Rockville. This will be a means of curing the problems surrounding vacant and abandoned buildings such as health, safety, blight, and lack of tax revenue and low real property values through private developers.
To establish as part of this article a committee that will establish a procedure for bidding on properties and the committee will review the properties for feasibility and review the bidding by eligible developers. This committee will be composed of nine (9) people; five (5) of whom are voting members that are to be appointed by the mayor with town council approval. The committee will meet on an annual or as needed basis. This committee will be established to review the each developer proposed plan.
(b) 
Definitions. For the purpose of this section the following terms are defined as:
AGENCIES
Any state, federal or municipal public or quasi-public agencies, non-profit or any organization qualifying for I.R.C. § 501(c)(3) status.
COMMITTEE
The nine (9) member committee.
DEVELOPER
Any natural person, for profit corporation, limited liability company, for profit general or limited partnership. This specifically excludes any parties qualifying under I.R.C. § 501(c)(3).
DEVELOPMENT AGREEMENT (BOND FOR DEED)
A real-estate agreement for the transfer of title that is recordable on the town land records.
IMMEDIATE FAMILY
Means a person (or the spouse of a person) who is related within the third degree. Third degree means great-grandparents, grandparents, parents, uncles, aunts, brothers; sisters, children, grandchildren, and great-grandchildren—-in short anyone related closer than cousin.
HAZARDOUS WASTE
Means asbestos, lead paint and underground oil tanks.
SUBSTANTIAL FAILURE
Which means less than substantial performance. "Substantial performance" shall mean the rendering of performance which does not exactly meet the terms of the agreement (slight deviation) will be looked upon as fulfillment of the obligations, less the damages which result from any deviation from the promised performance.
TOWN
The Town of Vernon.
TOWN ENGINEER
The engineer employed by the Town of Vernon.
(c) 
Program description. In an effort to preserve architectural history, increase tax rolls and eliminate blight, the town will create the Homestead Property Revitalization Program.
Town-acquired real estate is offered to individuals willing to rehabilitate properties into owner-occupied residences or well-managed commercial and rental buildings.
In addition to properties owned by the town this program will help to deal with the new situations which arise under the enacted Blight Ordinance (codified herein as section 3-4) which provides for citations and penalties but it does not facilitate means of escape for the property owners to resolve the cited conditions. This program will allow property owners who own blighted properties to go in front of the committee and explain their situation and develop a plan to renew the blighted properties or abandon the properties to the committee for sale under this program.
The mayor and the town council will refer the properties to the committee. The referral by the mayor and the town council will be in accordance with the Town of Vernon Charter and applicable Town of Vernon laws, by-laws, and ordinances. The disposition of the property is to be based upon established procedures, as the committee shall adopt.
This section will establish a committee that will establish a procedure for bidding on properties and the committee will review the properties for feasibility and review the bidding by eligible developers.
The committee membership will include five (5) voting members of who are voting members that are to be appointed by the mayor with town council approval and four (4) ex-officio members. The five (5) voting members will be as follows:
(1)
One building contractor;
(2)
One landlord;
(3)
One real estate agent;
(4)
One member versed in design review; and
(5)
One other member.
The four (4) ex-officio members will be:
(1)
The town attorney or special town attorney;
(2)
The town planner or his representative;
(3)
The town building inspector;
(4)
The town administrator.
The committee will meet on an annual or as needed basis. This committee will be established to review each developer proposed plan.
The town sells the property for minimal compensation to selected developers. Selection is based on rehabilitation plans and demonstrated ability to complete the work within one year. A development agreement (bond for deed) with the town is signed specifying the terms necessary for the transfer of the property. The developer shall post a five thousand dollars ($5,000.00) performance bond, letter of credit, and/or passbook savings account payable to the town upon the signing of the development agreement.
The development agreement will contain each bidding developer's vision of what the property should be when the developer fully performs under that agreement. The committee will review the development agreement and determine which offer contains the best advantage for the town and complies with the purpose of this section.
The town shall convey the property at the completion of the rehabilitation plan and upon the issuance of a certificate of occupancy (CO).
The developer shall commence the planning, permitting and other processes that shall be necessary to rehabilitate the property in accordance with the development agreement. The developer shall seek to stabilize and to improve the interior and the exterior elements of the structure through a combination of new construction and renovation, as described in the development agreement.
The developer shall agree to allow reasonable access to the town building officials to confirm the completion of the improvements in accordance with the development agreement. Both parties shall mutually agree upon the timing of these inspections.
The developer agrees that to maintain the property, depending on the specifics of the developers agreement, either as: (1) A residence for the developer or his immediate family; or (2) Act as the landlord for the rental property which is to be managed by the developer.
The developer (or a member of his/her immediate family) agrees to hold the property in this manner for a minimum period of five (5) years from the date that the town transfers the property to the developer in fee simple.
In the event the developer sells or transfers title to the property before the end of the five (5) year period, the town shall be entitled to the following share of the net proceeds from the sale of the property, subordinate to a recognized financial lending institution(s):
a. After 1 year
75%.
b. After 2 years
60%.
c. After 3 years
50%.
d. After 4 years
40%.
e. After 5 years
0%.
If a longer period is stipulated in the development agreement the committee shall set a percent for the succeeding years. However the minimum percentage of the net proceeds from the sale after the fifth year shall not be less than thirty (30) percent.
The developer agrees to maintain the exterior of the property and the grounds to the standard as set in the Town of Vernon Ordinances during the period of time covered in the development agreement.
The developer agrees to purchase insurance on the property to insure against personal injury and property damage and to hold the town harmless for any damages until the title to the property is conveyed to the developer. A certificate of insurance shall be filed with the town.
The developer shall be liable for and shall remain current on all town taxes, fees and utility bills associated with the property.
The developer shall be responsible for the proper disposal of hazardous materials, which might be found in or on the property in accordance with federal, state and local laws, regulations and ordinances.
In the event that the developer shall be unable to complete the project as described in the development agreement within twelve (12) months from the date of the development agreement, the developer shall notify the town as to the nature of the issue and the parties shall attempt to negotiate a resolution of the same. If a mutually agreeable resolution cannot be reached the developer shall have the right to terminate the development agreement and forfeit the five thousand ($5,000.00) dollar security to the town (i.e. the )five thousand dollars ($5,000.00) performance bond, letter of credit, and/or passbook savings account payable to the Town of Vernon).
Any substantial failure by the developer to complete the project in the manner as described in the development agreement, within the twelve-month period of the development agreement shall result in the property not being conveyed to the developer and the forfeiture of the five thousand ($5,000.00) dollar security (i.e. the five thousand dollars ($5,000.00) performance bond, letter of credit, and/or passbook savings account payable to the Town of Vernon). The town will agree that a project description and time schedule may be modified by mutual agreement from time to time as the project conditions require or based upon reasonable and documented conditions beyond the developer's control.
It should be understood that compliance with the development agreement shall not be contingent on the developer's ability to secure grants and other sources of funding.
(d) 
Qualifications.
(1) 
The developer cannot be a previous owner of the foreclosed property.
(2) 
The developer must be current on all town taxes and fees.
(3) 
The developer must have financial ability to complete the work.
(4) 
The developer must provide to the committee the source of the funds to be used for the rehabilitation project and length of time those funds have been available to the developer.
(5) 
The developer must be able to acquire a five thousand dollars ($5,000.00) performance bond, letter of credit, and/or passbook savings account payable to the Town of Vernon.
(e) 
Selection criteria.
(1) 
A work plan describing improvements.
(2) 
A plan addressing historical preservation if applicable.
(3) 
Tax returns and asset sheets to demonstrate financial capability.
(4) 
The developer must provide a list of references to confirm abilities and capabilities.
(5) 
The plan must have a punch list with time frames to establish ability to complete the project within one year.
(6) 
A resume to establish the necessary experience needed for renovating and/or managing properties.
(7) 
Specific exclusion of agency participation unless no offers are made by any qualified developer.
(8) 
Preference will be given to developers renovating structures into owner-occupied units.
(9) 
Preference will be given to developers renovating multifamily structures into single family properties.
(f) 
Committee responsibilities and powers.
(1) 
The committee will recommend disposition of the building in question. They will evaluate the building's structure, location, and economic feasibility for the developer.
(2) 
The committee will have the building official or so designated professional do an evaluation on the property and provide a structural analysis of the structure on the property.
(3) 
The committee will meet on an annual or as-needed basis.
(4) 
This committee will review the developers proposed plan. The committee will give weight to each proposal based on which type of development is needed in the area and in accordance with this section. This should be based in part on the master plan of development.
(5) 
The committee will review the development agreement, if the property is a historic property, to ensure that the agreement is consistent with The Secretary of Interior's Guidelines on Historic Preservation.
[Ord. No. 321, 6-29-2023]
A Fair Rent Commission (the "Commission") is established in conformity with the provisions of the Fair Rent Commission Act as codified in Sections 7-148b through 7-148f of the Connecticut General Statutes.
[Ord. No. 321, 6-29-2023]
The Commission shall be comprised of five (5) members and three (3) alternates who shall be appointed by the Mayor and approved by the Town Council under the following standards:
(1) 
The initial appointment of members and alternates to the Commission shall be as follows:
a. 
Three (3) members and one (1) alternate for two-year terms;
b. 
Two (2) members and two (2) alternates for one-year terms;
(2) 
After the initial appointments of members and alternates, all appointments to the Commission shall be for two-year terms, subject to vacancies in membership of the Commission being filled for the remaining duration of the vacated term;
(3) 
Members and alternates shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties.
[Ord. No. 321, 6-29-2023]
The Commission may make studies and investigations, conduct hearings and receive complaints relative to rental charges on housing accommodations, except those accommodations rented on a seasonal basis, within the Town of Vernon, which term shall include mobile manufactured homes and mobile manufactured home park lots, in order to control and eliminate excessive rental charges on such accommodations and to carry out the provisions of Sections 7-148b to 7-148f, inclusive, Section 47a-20 and Subsection (b) of Section 47a-23c of the Connecticut General Statutes. The Commission, for such purposes, may compel the attendance of persons at hearings, issue subpoenas and administer oaths, issue orders and continue, review, amend, terminate or suspend any of its orders and decisions. The commission may be empowered to retain legal counsel to advise it with the approval of the Town Administrator. The parties to any complaint shall participate in a mediation session with a representative of the Town serving as a mediator prior to any hearing before the Commission. For purposes of this section, "seasonal basis" means housing accommodations rented for a period or periods aggregating not more than one hundred twenty (120) days in any one (1) calendar year and "rental charge" includes any fee or charge in addition to rent that is imposed or sought to be imposed upon a tenant by a landlord.
[Ord. No. 321, 6-29-2023]
In determining whether a rental charge or a proposed increase in a rental charge is so excessive, with due regard to all the circumstances, as to be harsh and unconscionable, the Commission shall consider such of the following circumstances as are applicable to the type of accommodation:
(1) 
The market value rents charged for the same number of rooms in similar housing accommodations in the same and in other areas of the municipality;
(2) 
The sanitary and living conditions existing in the housing accommodations in question which are not caused by the tenant;
(3) 
The number of bathtubs or showers, flush water closets, kitchen sinks and lavatory basins available to the occupants thereof;
(4) 
Services, furniture, furnishings and equipment supplied therein;
(5) 
The size and number of bedrooms contained therein;
(6) 
Repairs necessary to make such accommodations reasonably livable for the occupants accommodated therein;
(7) 
The amount of taxes and overhead expenses thereof;
(8) 
Whether the accommodations are in compliance with the ordinances of the Town of Vernon and the Connecticut General Statutes relating to health and safety;
(9) 
The income of the petitioner and the availability of accommodations;
(10) 
The availability of utilities;
(11) 
Damages done to the premises by the tenant, caused by other than ordinary wear and tear;
(12) 
The amount and frequency of increases in rental charges;
(13) 
Whether, and the extent to which, the income from an increase in rental charges has been or will be reinvested in improvements to the accommodations.
[Ord. No. 321, 6-29-2023]
If the Commission determines, after a hearing, that the rental charge or proposed increase in the rental charge for any housing accommodation is so excessive, based on the standards and criteria set forth in this Article, as to be harsh and unconscionable, it may order that the rent be limited to such an amount as it determines to be fair and equitable. If the Commission determines, after a hearing, that the housing accommodation in question fails to comply with any ordinance of the Town of Vernon or state statute or regulation relating to health and safety, it may order the suspension of further payment of rent by the tenant until such time as the landlord makes the necessary changes, repairs or installations so as to bring such housing accommodation into compliance with such ordinance, statute or regulation. The rent during said period shall be paid to the Commission to be held in escrow by the Commission.
[Ord. No. 321, 6-29-2023]
Any person aggrieved by any order of the Commission may appeal to the Superior Court for the Judicial District of Tolland at Rockville in accordance with Section 7-148e of the Connecticut General Statutes.
[Ord. No. 321, 6-29-2023]
Any person who violates any order of rent reduction or rent suspension by demanding, accepting or receiving an amount in excess thereof while such order remains in effect, and no appeal pursuant to Section 7-148e is pending, or violates any other provision of the Fair Rent Commission Act and Section 47a-20 of the Connecticut General Statutes or who refuses to obey any subpoena, order or decision of the Commission pursuant thereto, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. If such offense continues for more than five (5) days, it shall constitute a new offense for each day it continues to exist thereafter.