[Added 1-3-1989; amended 9-8-2008 by Ord. No.
44-09; 9-8-2009 by Ord. No. 45-09; 10-5-2009 by Ord. No. 47-09; 5-2-2013 by Ord. No. 11-13; 7-6-2015 by Ord. No. 15-15; 7-3-2017 by Ord. No. 11-17]
It is found and declared that there exist within the City properties
with, and without, residential and nonresidential structures that
are substandard with respect to structural integrity or maintenance
or are blighted. It is further found that certain conditions causing
these structures to be substandard or blighted adversely affect the
economic well-being of the City and are harmful to the health, safety
and welfare of City residents. These conditions include, but are not
limited to the following: structural deterioration, lack of maintenance,
blight, infestation, fire hazards, accumulating refuse on private
property, storage of two or more unregistered vehicles (junkyard)
and unsanitary conditions. It is further found that certain of these
substandard or blighted structures can be repaired, rehabilitated,
reconstructed or reused so as to provide decent, safe and sanitary
housing and commercial facilities, thereby eliminating, remedying,
and preventing the adverse conditions described above. It is further
found that the lack of maintenance and progressive deterioration of
certain structures create blight and initiate slums, and that if the
same are not curtailed and removed, these undesirable conditions will
grow and spread, necessitating future expenditures of large amounts
of public funds to correct and eliminate. This chapter is adopted
in accordance with the provisions of C.G.S. § 7-148(c)(7)(H)(xv),
as amended.
The purpose of this article is to protect the public health,
safety, and welfare as follows:
A.
By establishing minimum standards governing the maintenance, appearance,
and condition of residential and nonresidential premises;
B.
By fixing responsibilities and duties upon owners, operators and
occupants; and
C.
By authorizing and establishing procedures for enforcement, inspection
and penalties.
For the purposes of this article, the following words and terms
shall mean as follows:
Any real property on which there is a vacant structure, or
no structure, and on which:
Real property taxes have been delinquent for one year or more
and orders have been issued by the City's Fire Marshal, Building
Official or Health Director and there has been no compliance with
those orders within the prescribed time given by such official or
within 90 days, whichever is longer; or
The owner has declared in writing to the Building Official that
his property is abandoned.
Any unregistered, inoperable car, truck, aircraft, camper,
motorcycle or moped, recreational vehicle (e.g., golf cart, snowmobile,
water sled, all-terrain vehicle, etc.), boat or other watercraft,
tractor, cart, trailer, riding mower, or farming or construction equipment,
whether self-propelled or towed. It shall be a defense that the vehicle
is not abandoned if it is currently registered with a state or federal
licensing agency, such as a department of motor vehicles, or other
agency that licenses the particular type of vehicle. "Inoperable"
shall mean that the vehicle is no longer being used for its intended
purpose evidenced by two or more of the following conditions:
Engine no longer starts or is missing;
Missing or flat tires or wheels, or other missing parts necessary
for locomotion;
Missing doors or windows;
Close proximity of grass or other vegetation or debris, indicating
immobility;
Holes, rust, or other evidence of obvious physical decay or
neglect, lack of maintenance or excessive use; or
Use for another purpose (e.g., storage).
Refuse that accumulates on any private premises and is not
completely contained within trash or refuse storage bins, racks or
enclosures, or other containers that are approved by the City for
such use.
Any building or structure, or any portion of a building or structure
that is a separate unit, regardless of whether the same is vacant
or occupied, or any accessory structure or fence, or any vacant parcel
of land, in which the City of Middletown determines that at least
one of the following conditions exist:
It is determined by the City that existing conditions pose a
serious or immediate danger to the health, safety or welfare of any
person or the community.
The premises is not being reasonably maintained, is in a state
of disrepair, deterioration or is becoming dilapidated. "State of
disrepair" or "becoming dilapidated" shall mean in a physically deteriorating
condition causing unsafe or unsanitary conditions or a nuisance to
the general public and be evidenced by one or more of the following
conditions:
Missing, broken or boarded windows or doors, if the building
is not vacant or abandoned:
Broken glass, crumbling stone or brick or other conditions reflective
of deterioration or inadequate maintenance;
A fence that is in a state of dilapidation or decay;
A collapsing or missing exterior wall, roof, floor, stairs,
porch, railings, basement hatchways, chimneys, gutters, awnings or
other exterior features;
Siding or roofing that is seriously damaged, missing, faded
or peeling;
Unrepaired fire or water damage that has existed for longer
than two months;
A foundation that is structurally faulty;
The outside structure walls are not weather- and watertight,
that is evidenced by such structure having any holes, loose boards,
or any broken, cracked or damaged siding that admits rain, cold air,
dampness, rodents, insects or vermin;
Garbage, rubbish, refuse, accumulating refuse, putrescible items,
trash or other accumulated debris that is being stored or accumulated
in the public view;
Parking lots in a state of disrepair or abandonment evidenced,
for example, by cracks, potholes, overgrowth of vegetation within
the surface pavement or macadam, or within medians and buffers;
Shrubs, hedges, grass, plants, weeds or any other vegetation
that have been left to grow in an unkempt manner that are covering
or blocking means of egress or access to any building or that are
blocking, interfering with, or otherwise obstructing any sight line,
road sign, or emergency access to or at the property, when viewed
from any property line;
Abandoned or inoperable vehicles or abandoned or inoperable
property are improperly stored on the premises;
Abandoned or vacant buildings or structures that are devoid
of water, sewer. or other utility function or service that has become
an illegal residence;
Grass or weeds that have reached a height greater than eight
inches; or
Graffiti on buildings or structures.
Vacant or abandoned buildings must be boarded up as required
by the Building Code. In addition, for any building that is vacant
for more than two months, the plywood used to board up the openings
must be painted in a color to match the building.
The property is a fire hazard as documented by the Fire Department.
The property provides rodent harborage or infestations, as documented
by the Health Department.
All equipment or other materials stored on the property must
be free from rust and in good working order. Abandoned appliances,
automobile parts, discarded household items and piles of rotten lumber
are prohibited from being stored on the property. Equipment and material
stored outside shall be stacked or arranged in an orderly fashion
in a location providing reasonable screening from neighbors and adjoining
streets.
Nothing in this section shall be deemed to apply to any condition
that is in compliance with any permit issued under the current regulations
and ordinances of the City of Middletown, including, but not limited
to, regulations and ordinances related to zoning, health, fire, public
works and inland wetlands.
The condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, peeling, rusting or other evidence
of obvious physical decay or neglect, lack of maintenance or excessive
use.
Any premises or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public.
Open space on the premises outside of any building thereon.
The control and elimination of insect, rodents and vermin.
Also see "refuse," "rubbish"; putrescible animal and vegetable
waste resulting from the handling, preparation, cooking and consumption
of food or the keeping of pets or other animals.
The presence of insects, rodents, vermin or other pests on
the premises, which constitute a health hazard.
Human habitation of a dwelling unit or structure that does
not comply with state or local statutes, codes and/or regulations.
Storage or parking of two or more unregistered or inoperable
motor vehicles.
Any public nuisance as defined by statute or ordinance.
Any attractive nuisance. An "attractive nuisance" is defined
as the presence of any condition which may prove detrimental to the
health or safety of children whether in a building, on the premises
of a building or upon an unoccupied lot. This includes, but is not
limited to, the presence of abandoned wells, shafts, basements, excavations,
refrigerators, vehicles, lumber, and garbage, refuse, rubbish, and
any structurally unsound fences or other structures.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards. Any situation, process, material, or condition
that can cause a fire or explosion or provide a ready fuel supply
to augment the spread or intensity of the fire or explosion and that
poses a threat to life or property as determined by the City Fire
Marshal or his duly authorized agent.
Any person, other than the owner, who occupies a building
or premises, or a part thereof, as a tenant or lessee, as a family
member of a tenant or lessee, as a guest of a tenant or lessee, or
as a trespasser.
Any person who has charge, care or control of a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the owner.
The record owner of the real property.
Any person claiming an interest of record pursuant to a bona
fide mortgage, assignment of lease or rent, lien, or security in the
property.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any officer (or his or her designee) who is in charge of
any department or branch of the government of the City relating to
health, fire, building regulations or to other activities concerning
buildings in the City.
Liable to undergo decomposition or rotting by bacteria, fungi,
and oxidation, resulting in the formation of foul-smelling products.
Also see "garbage," "rubbish"; all putrescible and nonputrescible
solid waste (except human body wastes), including but not limited
to, garbage, rubbish, ashes, street cleanings, dead animals, excrement
from pets or other animals, abandoned automobiles and solid market
and industrial wastes.
Also see "garbage," "refuse"; nonputrescible solid wastes
consisting of both combustible and noncombustible wastes, such as
paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery, and similar materials.
Every residential, nonresidential or mixed occupancy building
and the land on which it is (or was) situated, used or intended to
be used for dwelling, commercial, business or industrial occupancy
shall comply with the provisions of this article. Such compliance
is required whether or not such building shall have been constructed,
altered or repaired before or after the enactment of this article.
Such compliance further is required irrespective of any permits or
licenses issued for the use or occupancy of the building or premises,
for the construction or repair of the building, or for the installation
or repair of equipment or facilities prior to the effective date of
this article. This article shall also apply to mobile home parks.
In any case where the provisions of this article impose a higher
standard than set forth in any other City ordinances or under the
laws of the state or federal governments, then the standards as set
forth herein shall prevail. If the provisions of this article impose
a lower standard than any other City ordinance or under the laws of
the state or federal governments, then the higher standard set forth
therein shall prevail. The provisions of this article shall not apply
to any case where the state has the exclusive right to bring an action
to abate a public nuisance involving any real property or portion
thereof for the purposes enumerated in Section 19a-343 et seq. of
the Connecticut General Statutes or any duly adopted amendments thereto.
No waiver, relief from enforcement, or certification of compliance
with this article shall constitute a defense against any violation
of any other City ordinance applicable to any structure or premises.
Any provision herein shall not relieve any owner, operator or occupant
from complying with any such other provision, nor any official of
the City from enforcing.
Where weekly curbside pickup is available, an owner, operator
or occupant of a dwelling shall have the duty and responsibility of
removing garbage, refuse and rubbish generated by him to the curb,
on the day curbside pickup is scheduled, in closed containers intended
for that purpose. Where weekly curbside pickup is not available, an
owner, operator or occupant of a dwelling shall have the duty and
responsibility to remove garbage, refuse and rubbish generated by
him to the place provided by the owner or to arrange with the owner
for its transfer for safe and sanitary disposal.
A.
Creation or maintenance of blighted premises prohibited. No owner, operator or occupant of real property in the City of Middletown shall cause or allow any "blighted premises," as defined in § 120-20, to be created, nor allow the continued existence of such blighted premises, nor shall an owner, operator or occupant of real property fail to observe the respective duties of owners, operators and occupants as provided in this article. The Zoning and Wetlands Enforcement Officer, or his or her designee, shall receive complaints of properties alleged to constitute blighted premises and shall inspect such properties to determine whether they constitute a blighted premises. A violation of any section or subsection of the definition of "blighted premises" in § 120-20 shall constitute a distinct and separate violation, and each day that a building, structure or parcel of land remains in violation of this article shall constitute grounds for the assessment of a separate civil penalty.
B.
Blight citation procedure. If the Zoning and Wetlands Enforcement
Officer, or his or her designee, after inspection of a property, determines
that a property constitutes a blighted premises, or if the City determines
that such property is otherwise in violation of this article, the
City may notify the owner or occupant of such blighted premises, by
mailing the following to the owner or occupant's last known address
on file with the City of Middletown's Tax Collector:
(1)
Notice of blight. The Zoning and Wetlands Enforcement Officer, or
his or her designee, shall send by certified and regular United States
mail, a notice of blight to the property owner and, if applicable,
to the legal occupant or possessor of the blighted premises. In the
case of an unidentified owner or one whose address is unknown, the
Zoning/Wetlands Enforcement Officer shall publish a notice in a local
newspaper having substantial circulation in the City of Middletown,
stating that the blighted premises is cited for a violation of this
article. Such notice of blight shall contain at a minimum, the following
information:
(a)
A description of the conditions that are causing the premises
to be considered a blighted premises, together with the action(s)
needed to correct such conditions;
(b)
That the owner or occupant of such blighted premises shall have
30 days from the date of the notice of blight to bring the property
into compliance with all local codes and regulations. Such thirty-day
period may be extended at the Zoning and Wetlands Enforcement Officer's
discretion; and
(c)
A statement of the penalties for noncompliance, including a provision informing the owner or occupant that pursuant to § 120-26 of the Middletown Code of Ordinances, the City may enter the blighted premises to remediate the blighted conditions, and that in such cases, the City shall then assess the costs incurred by the City of Middletown for such remediation upon the owner or occupant of the blighted premises as a lien, or as taxes pursuant to C.G.S. § 49-73b and C.G.S. § 12-169b, as amended.
(2)
Blight citation. If the property owner or occupant does not repair
the blighted condition(s) by the deadline set forth in the notice
of blight, and if the conditions set forth in the notice of blight
still exist on the blighted premises, the Zoning and Wetlands Enforcement
Officer may issue a blight citation to the owner or occupant of the
blighted premises. Such blight citation shall contain at a minimum,
the following information:
(a)
Notice to the property owner or occupant that he or she is being
fined $100 per violation per day for each violation of this article
that exists on the blighted premises after the deadline set forth
in the notice of blight.
(b)
That the owner or occupant of such blighted premises shall have
15 days from the date the blight citation was issued to pay the fines
on an uncontested basis.
(3)
Failure to pay fine notice. If the owner or occupant of the blighted
premises fails to pay the fine on an uncontested basis by the date
set forth in the blight citation, the Zoning and Wetlands Enforcement
Officer shall issue a failure to pay fine notice within 12 months
of the expiration of the final period for the uncontested payment
of fines set forth in the blight citation, or any extensions thereto.
The failure to pay fine notice shall contain at a minimum, the following
information:
(a)
The allegations against the owner or occupant of the blighted
premises, and the current amount of the fines, penalties, costs or
fees due;
(b)
That the owner or occupant of the blighted premises may contest
his liability before a citation hearing officer by delivering written
notice to the City and Town Clerk of the City of Middletown within
10 days of the date of the issuance of the failure to pay fine notice;
(c)
That if the owner or occupant of the blighted premises does
not demand such a hearing, an assessment and judgment shall be entered
against him; and
(d)
That such judgment may issue without further notice.
(4)
Request for blight hearing and request for blight assessment.
(a)
Request for blight hearing. If the owner or occupant of the
blighted premises requests a hearing within 10 days of the date of
the issuance of the failure to pay fine notice, the Zoning and Wetlands
Enforcement Officer shall submit a request for blight hearing to a
Citation Hearing Officer, who shall then follow the procedures set
forth in C.G.S. § 7-152c, as amended from time to time.
If the Citation Hearing Officer, after a hearing, determines that
the owner or occupant of the blighted premises is liable for the violation(s),
the Citation Hearing Officer shall identify in writing violations
for which the owner or occupant of the blighted premises was found
to be liable in the blight assessment.
(b)
Request for blight assessment. If the owner or occupant of the
blighted premises fails to request a hearing within 10 days of the
date of the issuance of the failure to pay fine notice, the Zoning/Wetland
Enforcement Officer shall submit a request for blight assessment to
a Citation Hearing Officer, who shall then follow the procedures set
forth in C.G.S. § 7-152c, as amended from time to time.
C.
Penalties for offenses: criminal violations and civil citations.
(1)
Criminal violations.
(a)
Pursuant to C.G.S. § 7-148(c)(7)(H)(xv) and C.G.S. § 7-148o, as may be amended from time to time, any person or entity who, after written notice and a reasonable opportunity to fully remediate the blighted premises within the time period prescribed in the notice of blight pursuant to § 120-25B(1), wilfully continues to violate the provisions of Chapter 120, Article II, of the Middletown Code of Ordinances, concerning the prevention and remediation of housing blight, may be fined by the State of Connecticut not more than $250 for each day for which it can be shown, based on an actual inspection of the blighted premises on each such day, the blighted conditions continued to exist after written notice to the owner or occupant. This section is designated as a violation pursuant to C.G.S. § 53a-27.
(b)
Any person who is a new owner or occupant shall, upon request,
be granted a thirty-day extension of the notice and opportunity to
remediate prior to the imposition of a fine. If the blight is remediated
during said extension, the case shall be dismissed. For purposes of
this section, the term "new owner" means any person or entity who
has taken title to a property within 30 days of the notice, and the
term "new occupant" means any person who has taken occupancy of a
property within 30 days of the notice.
(2)
Civil citations. Pursuant to Section 7-148(c)(7)(H)(xv), a civil violation of this provision shall be punishable by a fine of $100 per violation for each day such violation continues. A violation of any section or subsection of the definition of "blighted premises" in § 120-20 shall constitute a distinct and separate violation. Each day any violation of this provision continues shall constitute a separate offense. Pursuant to C.G.S. § 7-148aa, any unpaid fine imposed pursuant to this article shall constitute a blight lien upon the real estate against which the fine was imposed from the date of such fine.
D.
Abatement procedure. If the owner or possessor of the blighted premises fails to pay the fine on an uncontested basis by the deadline set forth in the notice of blight described in § 120-25B(1), the City may, in lieu of issuing a blight citation, invoke the procedures set forth in § 120-26C of this article, whereby in accordance with § 7-148(c)(7)(H)(xv) of the Connecticut General Statutes, as amended, the City may authorize designated agents, including, without limitation, members of the Public Works Department, the Health Department, the Fire Department and the Planning and Zoning Department, to enter the blighted premises during reasonable hours for the purpose of remediating the blighted conditions, provided that such agent(s) shall not enter any dwelling house or other structure so existing on the blighted premises without proper authorization. The City shall then assess the cost to the City of Middletown for such remediation upon the owner or occupant of the blighted premises as a lien or as taxes pursuant to C.G.S. § 49-73b and C.G.S. § 12-169b, as amended.
E.
Notice. All notices required to be sent under this article shall
also be sent to all lienholders of the subject property, pursuant
to C.G.S. § 7-148gg, as amended from time to time, and such
notice may be delivered in accordance with C.G.S. § 7-148ii
if the person to whom such notice is issued is a registrant.
A.
Code Enforcement Committee.
(1)
The Mayor or the Mayor's designee shall convene a Code Enforcement
Committee consisting of the Chief of Police or his or her designee,
the Zoning Enforcement Officer, and the Director of Health, the Fire
Marshals of three fire districts, Director of Public Works and Chief
Building Official, or their designees, the General Counsel, or his
or her designee, and two City residents appointed by the Mayor with
the consent of the Common Council. The Mayor shall assign any City
staff deemed appropriate to assist the Committee. The Code Enforcement
Committee shall hold regular monthly meetings to bring forth issues
and violations of building, housing, fire, health, zoning and all
other codes, ordinances and regulations pertaining to dwellings, buildings
and vacant property located within the City. The Code Enforcement
Committee shall make recommendations to any enforcement authority
responsible for obtaining compliance with laws, codes, ordinances
and regulations pertaining to any condition affecting real property.
The purpose of the Code Enforcement Committee shall be to coordinate
the efforts of the various code enforcement officials. Action by the
Committee shall not supplant or replace enforcement by the various
departments.
(2)
The Code Enforcement Committee will submit an annual budget request
and may submit supplemental funding requests to the Common Council,
through the Finance and Government Operations Commission.
(3)
If any owner, occupant or operator of real property is found to be
in violation of this article or any other law, regulation or code
involving the property, the local code enforcement official that is
tasked with enforcing such violation may bring the matter to the Code
Enforcement Committee for the creation of an abatement plan. The Code
Enforcement Committee, upon a finding that the condition or conditions
existing on the real property are in violation of this article or
any other law, regulation, or code, and are detrimental to the public
health, safety, or welfare, or are depressing the property values
of property within the neighborhood, may vote to approve a plan of
abatement. Any such plan of abatement may be carried out by either
City personnel or private contractors, and shall be monitored by the
Code Enforcement Committee for compliance with its approved plan.
The Code Enforcement Committee also may approve payment of the costs
of such abatement from the Code Enforcement Committee's budgeted
funds.
(4)
At least 10 days prior to any work being performed under an abatement
plan approved by the Code Enforcement Committee, a notice of abatement
plan shall be issued to the owner of the real estate.
B.
Notice of abatement plan.
(1)
The notice of abatement plan shall be sent to the owner or occupant
of such real estate by mailing the following to the real estate that
is the subject of the notice of abatement plan, and to the owner or
occupant's last known address on file with the City of Middletown's
Tax Collector's office by certified and regular United States
mail. In the case of an unidentified owner or one whose address is
unknown, the Code Enforcement Committee shall publish a notice in
a local newspaper having substantial circulation in the City of Middletown.
All notice of abatement plans shall also be sent to all lienholders
of the subject property, pursuant to C.G.S. § 7-148gg, as
amended, and such notice may be delivered in accordance with C.G.S.
§ 7-148ii, as amended, if the person to whom such notice
is issued is a registrant.
(2)
Contents of the notice of abatement plan. The notice of abatement
plan shall contain at a minimum, the following information:
(a)
The allegations against the owner or occupant of the real estate,
and the current amount of the fines, penalties, costs or fees due;
(b)
That the owner or occupant of the real estate may contest his
or her liability before the Zoning Citation Hearing Officer by delivering
written notice to the City and Town Clerk of the City of Middletown
within 10 days of the date of the issuance of the notice of abatement
plan;
(c)
That if the owner or occupant of the real estate does not file
an appeal, the City of Middletown may enter the real estate that is
the subject of the notice of abatement plan to carry out the provisions
of such abatement plan; and an assessment and/or judgment may be entered
against him or her without further notice.
(d)
That such judgment may issue without further notice.
C.
Recovery of costs. The expenses incurred for the inspection, repair,
demolition, removal or other disposition of any real estate in order
to secure such real estate or to make it safe and sanitary under any
provision of the Connecticut General Statutes or pursuant to building,
health, housing or safety codes or regulations of the City of Middletown,
shall be recovered from the owner of the real estate for which such
expenses were incurred. After such work has been completed, the City
shall assess the costs incurred by the City of Middletown as a lien,
pursuant to C.G.S. § 49-73b within 30 days after such work
was completed, or shall assess the costs incurred by the City of Middletown
as real estate taxes against the real estate, pursuant to C.G.S. § 12-169b,
as amended, and shall give notice to the owner of the real estate
in the same manner as provided in § 49-34 of the Connecticut
General Statutes.
Any owner of occupant of any real property, or individual or
entity having control of any building or premises shall keep the same
in a clean condition, and any such person having control of any building
or premises in or upon which there is any substance or material or
any condition which is or may become a source of danger to the public
health or a nuisance shall, when ordered by the Director of Health
or his authorized representative, in writing, remove or abate the
same within the time specified in such order.
