[HISTORY: Adopted by the Representative Town
Meeting of the Town of Fairfield 9-27-2004. Amendments noted where applicable.]
A.
This chapter is enacted pursuant to the authority
granted to the Town of Fairfield under Connecticut Statutes § 7-148(7)(H)(xv).
B.
This chapter prohibits any owner, agent tenant or
person in control of real property located in the Town of Fairfield
from allowing, creating, maintaining or causing to be created or maintained
a blighted premise. The chapter also establishes penalties for violations
of this chapter.
For the purpose of this chapter, the following
words, terms and phrases shall have the following meanings ascribed
to them in this chapter.
Real property, including any building or structure located
thereon, which is and continues to be in a state of disrepair or is
becoming dilapidated.
The Town official or officials designated by the First Selectman
to act as blight prevention officer(s). The Building Official, Fire
Marshal and Director of Health shall be eligible to be blight prevention
officers. The First Selectman shall designate one blight prevention
officer to direct the blight prevention officers.
[Amended 5-19-2014]
An edifice of any kind or 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.
In a physically deteriorating condition which, if left unabated,
would cause an unsafe or unsanitary condition or a nuisance to the
general public which may be evidenced by one or more of the following
conditions:
Multiple missing, broken or boarded up windows
and/or doors;
Collapsing or missing walls or roof;
Seriously damaged or missing siding;
Fire or water damage;
Infestation by rodents or other pests;
Excessive amounts of garbage or trash on the
property;
Inoperative or unregistered motor vehicles or
inoperative boats parked, kept or stored on the premises unless garaged
or the premises is properly permitted as a junkyard;
Commercial parking lots left in a state of disrepair
or abandonment; and
Vacant buildings or structures left unsecured
or unguarded against unauthorized entry.
Graffiti.
[Added 3-23-2009]
No owner, agent, tenant or person in control
of real property located in the Town of Fairfield shall allow, maintain,
or cause to be maintained, a blighted premises.
A.
Upon receiving a written complaint of a possible violation
signed by the complainant, the Blight Prevention Officer shall make
an investigation.
B.
If after investigation a probable violation is found
to exist, the Blight Prevention Officer shall serve written notice
to the owner(s) and agent, tenant and/or person in control of the
real property where the violation occurred. The notice shall be mailed
by both regular mail and certified mail, return receipt requested,
to the last known address of the owner(s) and agent, tenant and/or
person in control other than the legal owner(s). A copy of such notice
shall be sent to the Town Department of Social Services when the Blight
Prevention Officer deems it appropriate.
[Amended 3-23-2009]
C.
Such notice shall state the probable violation(s)
and the conditions evidencing such violations and require the person
to whom it is delivered to attend a hearing before the Town Condemnation
Board to determine whether there has been a violation and, if so,
to establish a plan for abatement of such violation, including the
date by which such violation shall be fully abated.
D.
After the hearing the Town Condemnation Board shall
make a written determination whether a violation has [in fact] occurred,
the actions to be taken to abate such violation and the date by which
such violation shall be fully abated. The date by which such violation
shall be fully abated shall not be less than 30 days from the date
the written determination is mailed.
E.
The written determination shall be mailed by both
regular mail and certified mail, return receipt requested, to the
last known address of the owner, agent, tenant and/or person in control
other than the legal owner.
[Amended 3-23-2009]
Violations of the provisions of this chapter shall be punishable by a fine of $100 for each day a violation exists after the date established in the determination of the Condemnation Board made under § 51-4D for full abatement of such violation.
[Amended 3-23-2009]
If any violation remains unabated after the
date established in the written determination of the Condemnation
Board, the Blight Prevention Officer is hereby authorized and required
to issue a citation to the violator in accordance with this chapter.
The Blight Prevention Officer will forward a copy of said citation
to the Town Attorney for recording if necessary. The final period
for the uncontested payment of any citation under this chapter shall
be 30 days after the mailing of or serving of the citation.
The procedures established in the ordinance
entitled "Ordinance Establishing a Hearing Procedure for Citations"[1] will apply to citations issued under this chapter.
[Amended 3-23-2009]
Any unpaid fine imposed shall constitute a lien
upon the real estate against which a fine has been imposed in accordance
with Connecticut General Statutes § 7-148aa. Each such lien
shall be continued, recorded and released as provided for in § 7-148aa.
The Town Attorney shall record a lien in the Town Clerk’s office
against any real estate upon which a fine has been imposed and remains
unpaid for 30 days or more.
[Amended 3-23-2009]
In the event any owner, agent, tenant or person
in control of real estate 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 estate
to appeal from the issuance of said citation, or by such appeal being
sustained, the Town of Fairfield, 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 bring an action to recover
all such costs and expenses incurred.
Any blighted premises for which a special permit
or site plan application for improvements to the blighted premises
is pending shall be exempt from the provisions of this chapter for
a period of not more than 120 days from the date of submittal of a
complete application to the Town Plan and Zoning Commission.
[Amended 3-23-2009]
A person against whom a judgment has been entered is entitled to judicial review in accordance with the provisions of § 7-152 (c) of the Connecticut General Statutes as set forth in § 11-4 of Chapter 11, Citations Hearings. Penalties as provided in § 51-5 may be abated if the Condemnation Board determines that the appeal was taken in good faith, with probable cause and not for purposes of delay. The penalties as of the date of the judgment of the Superior Court judgment shall not be abatable.
[Amended 2-26-2007; 3-23-2009]
A.
The effective date of this chapter shall be April
1, 2009.
B.
The Blight Prevention Officer will report annually
to the Representative Town Meeting at its January meeting on the number
of complaints received, the disposition of all complaints processed,
and the number of complaints in process at the time of the report
for the preceding calendar year.
