[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:
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.
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.