[Amended 2-13-2019]
The FVHD and/or Public Works Department is hereby authorized and directed to make inspections to determine the condition of rental dwellings, dwelling units, rooming units and premises located within this Town of Farmington in order that he may perform its duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the FVHD and/or Public Works Department is hereby authorized to enter, examine and survey, at all reasonable times, all dwellings, dwelling units, rooming units and premises based on a registered complaint and/or concern. The owner or occupant of every rental dwelling, dwelling unit and rooming unit or the person in charge thereof shall give the FVHD free access to such rental dwelling, dwelling unit or rooming unit and its premises, at all reasonable times, for the purpose of such inspection, examination and survey. Each occupant of a rental dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit or its premises, at all reasonable times, for the purpose of making such repairs and/or alterations as are necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant to the provisions of this chapter.
[Amended 2-13-2019]
There is hereby created a Code Enforcement Committee, which shall consist of the Building Official, who shall serve as Chairman, the Fire Marshal, who shall serve as Secretary, and the Town Engineer, Town Social Worker and Farmington Valley Health District. Said Committee shall be responsible for coordinating the code enforcement program of the Town, with particular reference to the urban renewal and general planning objectives established by the Town of Farmington. Any member of the Committee may designate an official of his department to represent him at meetings of the Committee.
[Amended 2-13-2019]
Whenever the FVHD and/or Public Works Department determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, it shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
A. 
Be in writing.
B. 
Include a statement of the reason why it is being issued.
C. 
Allow a reasonable time for the performance or any act it requires.
D. 
Be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant:
(1) 
If a copy thereof is served upon him personally or if a copy thereof is sent by certified mail to his last known address;
(2) 
If a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or
(3) 
If he is served with such notice by any other method authorized or required under the laws of this state.
E. 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
A. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Code Enforcement Committee created in § 118-6 of this chapter, provided that such person shall file in the office of the Chairman of the Code Enforcement Committee (Building Official) a written petition requesting such hearing and setting forth a brief statement of the grounds for such within 10 days after the day the notice was served. Upon receipt of such petition, the Chairman of the Code Enforcement Committee shall set a time and place for such hearing and shall give the petitioner five days' written notice thereof.
[Amended 2-13-2019]
B. 
At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified, extended or withdrawn or a variance granted.
C. 
The hearing shall be commenced not later than 60 days after the day on which the petition was filed, provided that, upon application of the petitioner, said Committee may postpone the date of the hearing for a reasonable time beyond such sixty-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement, but in no event shall said hearing be postponed longer than 60 additional days.
Such hearing shall be had before the entire membership of the Code Enforcement Committee. Said Committee, by a majority vote, shall sustain, modify or withdraw the notice. It may also grant an extension or variance in accordance with the following conditions:
A. 
The time for performance of any act required by the notice may be extended for not more than 18 months, subject to appropriate conditions and where the Committee makes specific findings of fact based on evidence relating to the particular case:
(1) 
That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of any provisions of this chapter; and
(2) 
That such extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare.
B. 
A variance may be granted in a specific case and from a specific provision of this chapter, subject to appropriate conditions and where the Committee makes specific findings of fact based on evidence relating to the particular case:
(1) 
That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provision;
(2) 
That the effect of the application of the provisions would be arbitrary in the specific case;
(3) 
That an extension would not constitute an appropriate remedy for these practical difficulties, unnecessary hardships or arbitrary effect; and
[Amended 7-28-1992]
(4) 
That such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare.
[Amended 2-13-2019]
If the notice is sustained, modified or extended, it shall become an order as so sustained, modified or extended. Any notice served pursuant to § 118-7 of this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Chairman of the Code Enforcement Committee within 10 days after such notice is served.
The proceedings at such hearings, including the findings and decision of the Code Enforcement Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Town Manager and open to reasonable public inspection. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by a decision of the Code Enforcement Committee may seek relief therefrom in any court of competent jurisdiction within 15 days from the date of the sending of notice of the decision of the Code Enforcement Committee, in accordance with the provisions of the General Statutes of Connecticut as they relate to the taking of appeals from Zoning Commissions and Zoning Boards of Appeals.