[Amended 11-6-2023]
This chapter is enacted pursuant to the authority
granted to the Town of Wilton under Connecticut General Statutes § 7-148(c)(7)(H)(xv).
The Board of Selectmen finds that blighted or unsafe buildings and
other structures of both residential and commercial use may pose a
threat to the health, safety and general welfare of their occupants
and other members of the public, may reduce property values in the
vicinity and unreasonably interfere with the use and enjoyment of
said properties. The Board of Selectmen also finds that buildings
and structures within the Town of Wilton should not be allowed to
become blighted or unsafe or to remain in such a condition.
No person or other person having lawful possession or control of a building or other structure within the Town of Wilton shall permit the building or structure to become blighted or unsafe, as defined in §
8C-3 below, or to remain in a blighted or unsafe condition.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
BLIGHTED PREMISES
Any building or structure, or any part of a structure that
is a separate unit, any parcel of land, any lot of land, or any building
under construction for which a building permit has been issued for
more than 24 months without receiving a certificate of occupancy and
in which at least one of the following conditions exists:
A.
The Blight Prevention Officer determines that
existing conditions pose a serious threat to the health and safety
of persons in the Town.
B.
The premises are not being maintained as evidenced
by the existence of one or more of the following conditions:
[Amended 11-6-2023]
(1)
Missing, broken or boarded up windows or doors;
(2)
Collapsing or missing walls, roof or floor;
(3)
Exterior walls or siding which contains holes,
breaks, loose or rotting materials;
(4)
Foundation walls which contain open cracks and
breaks;
(5)
Overhang extensions, including but not limited
to canopies, marquees, signs, awnings, stairways, fire escapes, standpipes
and exhaust ducts, which possess signs of deterioration and decay;
(6)
Chimneys and similar appurtenances which are
in a state of disrepair;
(7)
Insect screens which contain tears or ragged
edges;
(8)
Vermin and/or insect infestation or conditions
favorable to the breeding of vermin and/or insects;
(9)
Garbage and trash; to include, but not limited
to, household refuse, machines, furniture;
(10)
Structures overgrown and covered with invasive
nonornamental weeds and/or vines, including but not limited to poison
ivy, sumac, burning bush, bittersweet, etc.;
(11)
Abandoned or inoperable vehicles, of any kind,
on the premises, unless otherwise garaged;
(12)
Unrepaired fire or water damage;
(13)
The cancellation of insurance on proximate properties.
(14)
Fifty percent of any one exterior elevation or exterior wall
with flaking, peeling, chipped or blistered paint on any one exterior
elevation which is visible to the public; or having exterior paint
which is chipped, blistered, flaking or peeling on more than one wall.
C.
Illegal activities are conducted at the premises,
as documented in Police Department records.
D.
The premises constitute a fire hazard as determined
by the Fire Marshal or as documented in the Fire Department records.
E.
The premises, upon determination by the Health
Department, constitutes a health hazard.
BUILDING or STRUCTURE
An edifice of any kind and any piece of work artificially
built or composed of parts joined together in some form which is built
or constructed on any real property. The words “building”
and “structure” shall be construed as if followed by the
words “or part thereof.” Accessory buildings or structures,
canopy, awnings, marquees, and each and every type of portable equipment
shall be considered “buildings” or “structures”
within the meaning of this definition.
BLIGHT PREVENTION OFFICER
Individual employees of the Town of Wilton, functioning jointly
or severally, consisting of the Building Official, Zoning Enforcement
Officer and the Director of Health. The Blight Prevention Officer
is authorized by the First Selectman and Board of Selectmen to enforce
the Blighted and Unsafe Premises Ordinance.
HEARING OFFICER
Any individual appointed by the First Selectman and approved
by the Board of Selectmen to conduct hearings authorized by the Wilton
Code of Ordinances.
NEIGHBORHOOD
The area of the Town comprised of all premises or parcels
of land, any part of which is within a radius of 1,000 feet of any
part of another parcel or lot within the Town.
OWNER
Any person, firm, institution, partnership, corporation,
foundation, entity or authority who or which holds title to real property
or any mortgage or other secured or equitable interest in such property,
as appears in the Wilton land records.
PROXIMATE PROPERTY
Any premises or parcel of land or part thereof within 1,000
feet of blighted premises.
VACANT
A continuous period of 60 days or longer during which a building
or structure or part thereof is not legally occupied by human beings.
The Blight Prevention Officer is granted the
authority necessary, with appropriate notice, to enforce the provisions
of this chapter. Such authority shall include, but not be limited
to, entering premises known to be, or suspected of being, blighted
or unsafe for the purpose of conducting inspections, citing violations,
determining enforcement actions, assessing fines, filing liens, designating
a building or structure as blighted or unsafe, ordering the demolition
of unsafe buildings or structures, and initiating legal actions.
The Blight Prevention Officer, or its designees,
shall inspect any buildings or structures that appear to be blighted
or unsafe based upon visible conditions or as reported by any other
persons who have reason to know of such conditions or upon such other
evidence as the Blight Prevention Officer deems relevant. Any building
or structure that has been determined by the Blight Prevention Officer
to be blighted or unsafe shall be so designated by the Blight Prevention
Officer.
In the event any owner, agent, tenant or person
in control of real property shall fail to abate or correct any violation
specified in any notice, after the issuance of an enforcement citation
for such failure, which citation has become final through the failure
of such owner, agent, tenant, or person in control of real property
to appeal from the issuance of such citation, or by such appeal being
sustained, the Town of Wilton, acting through its Blight Prevention
Officer, may cause or take such action as is necessary to correct
such violation. The cost to take such action shall be a civil claim
by the Town against such owner, agent, tenant, or person responsible
for such property and the Town Attorney may commence an action on
behalf of the Town of Wilton to recover all costs, expenses and fees,
including attorney’s fees, incurred by the Town relating to
the violation.
The provisions of this chapter are declared
to be severable. If any section, sentence, clause or phrase of this
chapter shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections,
clauses, sentences or phrases of the chapter, but they shall remain
in effect, it being the legislative intent that this chapter shall
stand, notwithstanding the validity of any part.
This chapter shall be effective the 21st day
following the date of its publication.
(Published in the Wilton Bulletin May 8, 2008)
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