[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook 11-24-1980
by Ord. No. 52 of the 1980 Code. Amendments noted where applicable.]
C.
This code deals basically with the owner's and occupant's
responsibilities to keep existing rental housings in decent condition:
(1)
To see to it that it is not occupied by more persons
than are legally permitted.
(2)
To keep it in proper repair.
(3)
To maintain it in a sanitary condition.
(4)
To see that it remains properly ventilated and lighted.
(5)
To make sure that it has the required facilities for
fire safety.
(6)
To ensure that required services (heat, hot and cold
water) are provided for within the minimal requirements of law.
D.
The emphasis of this code is on a service operation to
assist rental housing improvement.
E.
This Housing Code emerges as an orderly relationship
between means and ends and evolves a balance between responsibilities of landlords
and tenants and extends coverage over additional environmental factors outside
the dwelling units themselves.
F.
The Town of Old Saybrook has traditionally enjoyed a
wholesome community life which this code seeks to preserve and maintain for
future generations.
G.
This Rental Housing Code, by its nature, imposes a succession
of duties and, increasingly, patterns of mutual and reciprocal obligations
upon landlords and tenants. When this is made central to the understanding
of Housing Code administration, issues become more clearly definable.
The following general provisions shall apply in the interpretation and
enforcement of this code:
A.
Legislative finding. It is hereby found that there exists
and may in the future exist, within the Town of Old Saybrook, rental premises,
consisting of dwellings, dwelling units, rooming units, or parts thereof,
which by reason of their structure, equipment, sanitation, maintenance, use
or occupancy affect or are likely to affect adversely the public health (including
the physical, mental and social well-being of persons and families), safety
and general welfare. To correct and prevent the existence of such adverse
conditions, and to achieve and maintain such levels of residential environmental
quality with regard to such premises as will protect and promote public health,
safety, and general welfare, it is further found that the establishment and
enforcement of minimum housing standards are required.
B.
Purposes. It is hereby declared that the purpose of this
code is to protect, preserve, and promote the physical and mental health and
social well-being of the people, to prevent and control the incidence of communicable
diseases, to reduce environmental hazards to health, to regulate privately
and publicly owned rental residential premises for the purpose of maintaining
adequate sanitation and public health, and to protect the safety of the people
and to promote the general welfare by legislation which shall be applicable
to all such premises now in existence or hereafter constructed. It is hereby
further declared that the purpose of this code is to insure that the quality
of such housing is adequate for protection of public health, safety and general
welfare, including establishment of minimum standards for basic equipment
and facilities for light, ventilation, and thermal conditions, for safety
from fire and accidents, for the use and location and amount of space for
human occupancy, and for an adequate level of maintenance; determination of
the responsibilities of owners, operators and occupants of rental dwellings;
and provision for administration and enforcement thereof.
C.
Scope. The provisions of this code shall apply uniformly
to the construction, maintenance, use and occupancy of all rental residential
buildings and structures, where applicable, and shall apply uniformly to the
alteration, repair, equipment, use, occupancy and maintenance of all existing
rental residential buildings and structures, within the jurisdiction of the
Town of Old Saybrook irrespective of when or under what code or codes such
buildings or structures were originally constructed or rehabilitated.
D.
Title. This code shall be known and may be cited as the
Rental Housing Code for the Town of Old Saybrook, hereinafter referred to
as "this code."
A.
Meaning of certain words.
(1)
Whenever the words "dwelling," "dwelling unit," rooming
units," "premises," "structure" are used in this code, they shall be construed
as though they were followed by the words "or any part thereof" and shall
be restricted in application and meaning to those such premises which are
used or offered for use as rental residential premises.
(2)
Words used in the singular include the plural, and the
plural the singular; the masculine gender includes the feminine and the feminine
the masculine.
(3)
Undefined words. Words not specifically defined in this
code shall have the common definition set forth in a standard dictionary.
B.
ACCESSORY BUILDING OR STRUCTURE
APPROPRIATE AUTHORITY
APPROVED
ASHES
ATTIC
BASEMENT
BUILDING
BULK CONTAINER
CELLAR
CENTRAL HEATING SYSTEM
CHIMNEY
COMPLIANCE OFFICER
DILAPIDATED
DIRECTOR OF HEALTH
DWELLING
DWELLING UNIT
EGRESS
EXTERMINATION
FAIR MARKET VALUE
FAMILY
FLUSH WATER CLOSET
GARBAGE
GRADE
GUEST
HABITABLE ROOM
HEATED WATER
HEATING DEVICE
HOUSEHOLD
INFESTATION
KITCHEN
KITCHENETTE
LEAD-BASED PAINT
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY SUMMER CONDITIONS
ORDINARY WINTER CONDITIONS
OWNER
(1)
(2)
PERMISSIBLE OCCUPANCY
PERSON
PLUMBING
PREMISES
PRIVACY
PROPERLY CONNECTED
RAT HARBORAGE
RATPROOFING
REFUSE
REFUSE CONTAINER
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SAFETY
SPACE HEATER
STAIRWAYS
SUMMER DWELLINGS
SUPPLIED
TEMPORARY HOUSING
TOXIC SUBSTANCE
VARIANCE
The following definitions shall apply in the interpretation
and enforcement of this code:
A detached building or structure in a secondary or subordinate capacity
from the main or principal building or structure on the same premises.
Agent or agency that has jurisdiction.
Approved by the local or state authority having such administrative
authority.
The residue from the burning of combustible materials.
Any story situated wholly or partly within the roof, and designed,
arranged or built so as to be used for business, storage or habitation.
The lowest story of a building, below the main floor and wholly or
partially lower than the surface of the ground.
A fixed construction with walls, foundation and roof, such as a house,
factory, garage, etc.
Any metal garbage, rubbish and/or refuse container having a capacity
of two cubic yards or greater and which is equipped with fittings for hydraulic
and/or mechanical emptying, unloading and/or removal.
A room or group of rooms totally below the ground level and usually
under a building.
A single system supplying heat to one or more dwelling unit(s) or
more than one rooming unit.
A vertical masonry shaft of reinforced concrete, or other approved
noncombustible, heat-resisting material enclosing one or more flues, for the
purpose of removing products of combustion from solid, liquid or gaseous,
fuel.
The official designated herein or otherwise charged with the responsibilities
of administering this code, or his or her authorized representative.
No longer adequate for the purpose or use for which it was originally
intended.
The Health Officer or his or her authorized agent.
Any enclosed space wholly or partly used or intended to be used for
living, sleeping, cooking and eating.
A room or group of rooms located within a dwelling forming a single
habitable unit with facilities used or intended to be used for living, sleeping,
cooking and eating purposes.
An arrangement of exit facilities to assure a safe means of exit
from buildings.
The control and elimination of insects, rodents, or other pests by
eliminating their harborage places; by removing or making inaccessible materials
that may serve as their food; by poisoning, spraying, fumigating, trapping,
or by any other recognized and legal pest elimination methods approved by
the local or state authority having such administrative authority.
A price at which both buyers and sellers are willing to do business.
One or more individuals living together and sharing common living,
sleeping, cooking and eating facilities. (See also "household.")
A toilet bowl which is flushed with water which has been supplied
under pressure and equipped with a water-sealed trap above the floor level.
The animal and vegetable waste resulting from the handling, preparation,
cooking, serving and nonconsumption of food.
The finished ground level adjacent to a required window.
An individual who shares a dwelling unit in a nonpermanent status
for not more than 30 days.
A room or enclosed floor space used or intended to be used for living,
sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments,
laundries, furnace rooms, pantries, kitchenettes and utility rooms of less
than 50 square feet of floor space, foyers, or communicating corridors, stairways,
closets, storage spaces, and workshops, hobby and recreation areas.
Water heated to a temperature not less than the requirements in the
State of Connecticut State Building Code.
All furnaces, unit heaters, domestic incinerators, cooking and heating
stoves and ranges, and other similar devices.
One or more individuals living together in a single dwelling unit
and sharing common living, sleeping, cooking and eating facilities. (See also
"family.")
The presence within or around a dwelling of any insects, rodents,
or other pests.
Any room used for the storage of foods, preparation of foods and
containing any or all of the following equipment: sink and/or other device
for dishwashing, stove or other device for cooking, refrigerator or other
device for cool storage of food, cabinets, and/or shelves for storage of equipment
and utensils, and counter or table for food preparation.
A small kitchen or an alcove containing cooking facilities.
Any paint containing more lead than the level established by the
United States Consumer Product Safety Commission as being the "safe" level
of lead in residential paint and paint products.
Any dwelling containing two or more dwelling units.
Any individual other than an owner or a member of such owner's
household, over one year of age, living, sleeping, cooking, or eating in or
having possession of a rental dwelling, dwelling unit or a rooming unit.
Any person who has charge, care, control, or management of a building,
or part thereof, in which dwelling units or rooming units are let.
A temperature 10° F. below the highest recorded temperature in
the locality for the prior ten-year period.
A temperature 15° F. above the lowest recorded temperature in
the locality for the prior ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any premises, dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any premises, dwelling or dwelling
unit, as owner or agent of the owner or an executor, administrator, trustee,
or guardian of the estate of the owner. Any such person thus representing
the actual owner shall be bound to comply with the provisions of this code
and of rules and regulations adopted pursuant thereto, to the same extent
as if he or she were the owner, which premises, dwelling or dwelling unit
is used or offered for use as rental residential premises.
The maximum number of individuals permitted to reside in dwelling
unit or rooming unit.
Includes any individual, firm, corporation, association, partnership,
cooperative or governmental agency.
Includes all of the following supplied facilities and equipment:
gas pipes, gas burning equipment, water pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs,
shower baths, installed clothes washing machines, catch basins, drains, vents,
and any other similar supplied fixtures, and the installation thereof, together
with all connections to water, sewer, septic systems or gas lines.
A platted lot or part thereof or unplatted lot or parcel of land
or plot of land, either occupied or unoccupied by any dwelling or nondwelling
structure, and includes any such building, accessory structure or other structure
thereon.
The existence of conditions which will permit an individual or individuals
to carry out an activity commenced without interruption or interference, either
by sight or sound by unwanted individuals.
Connected in accordance with all applicable codes and ordinances
of the Town of Old Saybrook and the State of Connecticut as from time to time
enforced; provided, however, that the application of this definition shall
not require the alteration or replacement of any connection in good working
order and not constituting a hazard to life or health.
Any conditions or place where rats can live, nest or seek shelter.
A form of construction which will prevent the ingress or egress of
rats to or from a given space or building, or from gaining access to food,
water or harborage. It consists of the closing and keeping closed of every
opening in foundation, basements, cellars, exterior and interior walls, ground
or first floors, roofs, sidewalk gratings, sidewalk opening, and other places
that may be reached and entered by rats by climbing, burrowing or other methods,
by the use of materials impervious to rat gnawing and other methods approved
by the Board of Selectmen.
All putrescible and nonputrescible solids (except body wastes) including
garbage, rubbish, ashes and dead animals.
A watertight container that is constructed of metal, or other durable
material impervious to rodents, that is capable of being serviced without
creating unsanitary conditions, or such other containers as have been approved
by the Board of Selectmen. Openings into the container such as covers and
doors shall be tight-fitting.
Any dwelling including hotels and motels, or that part of any dwelling
containing one or more rooming units in which persons either individually
or as families are housed with or without meals being provided.
Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking purposes.
Nonputrescible solid wastes (excluding ashes) consisting of either:
The condition of being reasonably free from danger and hazards which
may cause accidents or disease.
A self-contained, heating appliance of either the convection type
or the radiant type and intended primarily to heat only a limited space or
area such as one room or two adjoining rooms.
One or more flights of stairs and the necessary landings and platforms
connecting them to form a continuous and uninterrupted passage from one floor
to another. A flight of stairs for the purpose of this code must have at least
two risers.
Those dwellings listed with the Old Saybrook Tax Assessor as being
seasonal (no heat).[1]
Paid for, furnished by, provided by, or under the control of the
owner, operator, or agent.
Any occupied tent, trailer, mobile home or any other structure used
for human shelter which is designed to be transportable.
Any chemical product applied on the surface of or incorporated into
any structural or decorative material which may constitute a potential hazard
to human health at acute or chronic exposure levels.
A difference between that which is required or specified and that
which is permitted.
A.
No owner shall let to another person any dwelling or
dwelling unit unless it and the premises are clean, sanitary, fit for human
occupancy, and comply with all applicable legal requirements of the State
of Connecticut and the Town of Old Saybrook.
B.
Every owner of a dwelling containing two or more dwelling
units shall maintain in a clean and sanitary condition the shared or public
area of the dwelling and premises thereof.
C.
Every occupant of a dwelling or dwelling unit shall maintain
in a clean and sanitary condition that part or those parts of the dwelling,
dwelling unit and premises thereof that he or she occupies and controls.
D.
Every occupant of a dwelling or dwelling unit shall store
and dispose of all his or her rubbish in a clean, sanitary and safe manner.
E.
Every occupant of a dwelling or dwelling unit shall store
and dispose of all his or her garbage, refuse, and any other organic waste
which might provide food for insects and/or rodents in a clean, sanitary safe
manner. All garbage cans and refuse containers shall be ratproof, insectproof,
watertight, structurally strong to withstand handling stress, easily filled,
emptied and cleaned; shall be provided with tight-fitting covers or similar
closures; and shall be maintained at all times in a clean, sanitary condition.
Plastic bags may be used as garbage and refuse container liners, but shall
not be used without the container for on-site storage of garbage or refuse.
F.
Bulk storage containers which are used for the storage
of garbage, refuse and/or other putrescible waste shall be placed on concrete
platforms which are constructed to minimize spillage onto the adjacent areas.
Methods for the cleaning of containers shall be approved by the Board of Selectmen.
All bulk storage containers shall be equipped with lids.
G.
The total capacity of all provided garbage and/or refuse
cans and bulk storage containers shall be sufficient to meet the needs of
the occupants of the dwelling.
H.
Every owner of a summer dwelling or of a dwelling containing
two or more dwelling units shall supply facilities or refuse containers for
the sanitary and safe storage and/or disposal of rubbish and garbage. In the
case of single-family dwellings it shall be the responsibility of each occupant
to furnish such facilities or refuse containers.
I.
The owner of a dwelling unit shall be responsible for
providing and hanging all screens and double or storm doors and windows whenever
the same are required under the provisions of this code or any rule or regulation
adopted pursuant thereto, except where there is a written agreement between
the owner and occupant. In the absence of such an agreement, maintenance or
replacement of screens, storm doors and windows, once installed in any one
season, becomes the responsibility of the occupant. The occupant's responsibility
shall be exclusive to his or her dwelling unit.
J.
Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of insects, and/or rats, on
the premises; and every occupant of a dwelling unit in a dwelling containing
more than one dwelling unit shall be responsible for such extermination whenever
his or her dwelling unit is the only one infested. Notwithstanding the foregoing
provisions of this subsection, whenever infestation is caused by failure of
the owner to maintain a dwelling in a ratproof or reasonably insectproof condition,
extermination shall be the responsibility of the owner. Whenever infestation
exists in two or more of the dwelling units in any dwelling, or in the shared
on public parts of any dwelling containing two or more dwelling units, extermination
thereof shall be the responsibility of the owner.
K.
No occupant of a dwelling or dwelling unit shall accumulate
rubbish, boxes, lumber, scrap metal, or any other materials in such a manner
that may provide a rat harborage in or about any dwelling or dwelling unit.
Stored materials shall be stacked neatly in piles.
L.
No owner of a dwelling shall accumulate or permit the
accumulation of rubbish, boxes, lumber, scrap metal, or any other materials
in such a manner that may provide a rat harborage in or about the shared or
public areas of a dwelling or its premises. Materials stored by the owner
or permitted to be stored by the owner shall be stacked neatly in piles.
M.
No owner or occupant of a dwelling or dwelling unit shall
store, place, or allow to accumulate any materials which may serve as food
for rats in a site accessible to rats.
N.
Every occupant of a dwelling unit shall keep all supplied
fixtures and facilities therein in a clean, sanitary and operable condition
and shall be responsible for the exercise of reasonable care in the proper
use and operation thereof.
O.
In every dwelling unit and/or rooming unit when the control
of the supplied heat is the responsibility of a person other than the occupant,
a temperature required by the State of Connecticut Building Code shall be
maintained in all habitable rooms, bathroom, and water closet compartments
at a distance of 36 inches above the floor level.
P.
Every owner of a dwelling or dwelling unit shall provide
and maintain the dwelling or dwelling unit free from hazards to health due
to the presence of toxic substances, e.g. lead-based paint, as determined
by the Board of Selectmen.
Q.
No owner or occupant shall apply a lead-based paint to
any surface in any dwelling, dwelling unit, rooming house and/or rooming unit.
No person shall let to another for occupancy any dwelling or dwelling
unit, for the purposes of living, sleeping, cooking or eating therein, which
does not comply with the following requirements:
A.
Every dwelling unit shall have a room or portion of a
room in which food may be prepared and/or cooked, which shall have adequate
circulation area, and which shall be equipped with the following:
(1)
A kitchen sink in good working condition and properly
connected to a water supply system which is approved by the appropriate authority
and which provides at all times an adequate amount of heated and unheated
running water under pressure and which is connected to a sewer system approved
under the provisions of the Connecticut Public Health Code.
(2)
Cabinets and/or shelves for the storage of eating, drinking,
and cooking equipment and utensils and of food that does not under ordinary
summer conditions require refrigeration for safe keeping; and a counter or
table for food preparation; said cabinets and/or shelves and counter or table
shall be of sound construction furnished with surfaces that are easily cleanable
and that will not impart any toxic or harmful effect to food.
(3)
A stove for cooking food, and a refrigerator for the
safe storage of food at temperatures less than 45° F. but more than 32°
F. under ordinary maximum summer conditions, which are properly installed
with all necessary connections for safe, sanitary and efficient operation;
provided that such stove and refrigerator need not be installed when a dwelling
unit is not occupied and when the occupant is expected to provide same on
occupancy, and that sufficient space and adequate connections for the safe
and efficient installation and operation of said stove and refrigerator are
provided.
B.
Within every dwelling unit there shall be a nonhabitable
room which affords privacy to a person within said room and which is equipped
with a flush water closet in good working condition. Said flush water closet
shall be equipped with easily cleanable surfaces, be properly connected to
a water system that at all times provides an adequate amount of running water
under pressure to cause the water closet to be operated properly, and shall
be properly connected to a sewer system which is approved under the provisions
of the Connecticut Public Health Code.
C.
Within every dwelling unit there shall be a lavatory
sink. Said lavatory sink may be in the same room as the flush water closet,
or, if located in another room, the lavatory sink shall be located in close
proximity to the door leading directly into the room in which said water closet
is located. The lavatory sink shall be in good working condition and properly
connected to a water supply system which is approved by the appropriate authority
and which provides at all times an adequate amount of heated and unheated
running water under pressure, and which is properly connected to a sewer system
approved under the provisions of the Connecticut Public Health Code. Water
inlets for lavatory sinks shall be located above the overflow rim of these
facilities.
D.
Within every dwelling unit there shall be a room which
affords privacy to a person within said room and which is equipped with a
bathtub or shower in good working condition. Said bathtub or shower may be
in the same rooms as the flush water closet or in another room and shall be
properly connected to a water supply system which is approved by the appropriate
authority and which provides at all times an adequate amount of heated and
unheated water under pressure, and which is connected to a sewer system approved
under the provisions of the Connecticut Public Health Code. Water inlets for
bathtubs shall be located above the overflow rim of these facilities.
E.
Every dwelling unit shall have means of egress as required
by the State of Connecticut Building Code.
F.
Structurally sound handrails shall be provided on any
steps containing two risers or more. Porches, patios, and/or balconies located
more than three feet higher than the adjacent area shall have structurally
sound protective guard or handrails as specified by the State of Connecticut
Building Code.
G.
Access to or egress from each dwelling unit shall be
provided without passing through any other dwelling unit.
H.
No person shall let to another for occupancy any dwelling
or dwelling unit unless all exterior doors of the dwelling or dwelling unit
are equipped with functioning locking devices.
No person shall let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the requirements
of this section:
A.
Every habitable room shall have at least one window or
skylight facing outdoors, provided that if connected to a room or area used
seasonally (e.g. porch) then adequate daylight must be possible through this
interconnection. The minimum total window or skylight area, measured between
stops, for every habitable room shall be at least 10% of the floor area of
such room but if light-obstruction structures are located less than three
feet from the window and extend to a level above that of the ceiling of the
room, such window shall not be deemed to face directly to the outdoors and
shall not be included as contributing to the required minimum total window
area.
B.
Every habitable room shall have at least one window or skylight facing directly outdoors which can be opened easily, or such other device as will ventilate the room adequately, provided that if connected to a room or area used seasonally then adequate ventilation must be possible through this interconnection. The total of openable window or skylight area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight type window size, as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the appropriate authority.
C.
When facilities for interior climate control (heating,
cooling and/or humidity) are integral functions of structures containing dwelling
units or rooming units, such facilities shall be maintained and operated in
a continuous manner and in accordance with the designed capacity of the installed
equipment. During instances when the integral equipment is inoperative because
of power or mechanical failure, alternative provisions for fresh air ventilation
of each dwelling or rooming unit shall be provided.
D.
Every bathroom and water closet compartment, and nonhabitable room used for food preparation, shall comply with the light and ventilation requirement for habitable rooms contained in Subsections A and B, except that no window or skylight shall be required in such rooms if they are equipped with a ventilation system in working condition, which is approved by the appropriate authority.
E.
Every dwelling unit and all public and common areas shall
be supplied with electric service, outlets, and fixtures which shall be properly
installed, shall be maintained in good and safe working condition, and shall
be connected to a source of electric power in a manner prescribed by the State
of Connecticut Building Code. The minimum capacity of such services and the
minimum number of outlets and fixtures shall be prescribed by the State of
Connecticut Building Code.
F.
Every public hall and stairway in every multiple dwelling
shall be adequately lighted by natural or artificial light at all times, so
as to provide in all parts thereof at least three footcandles of light at
the tread of floor level. Every public hall and stairway in structures containing
not more than two dwelling units may be supplied with conveniently located
light switches controlling an adequate lighting system which may be turned
on when needed instead of full-time lighting.
No person shall let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the following
requirements:
A.
Every dwelling except summer dwellings shall have heating
equipment and appurtenances which are properly installed, and are maintained
in safe and good working condition, and are capable of safely and adequately
heating all habitable rooms, bathrooms and water closet compartments in every
dwelling unit located therein to a temperature of at least that required by
the State of Connecticut Building Code and at a distance of 36 inches above
floor level under ordinary winter conditions.
B.
No owner or occupant shall install, operate or use a
heating device, including hot water heating units, which employs the combustion
of carbonaceous fuel, which is not vented to the outside of the structure
in an approved manner, and which is not supplied with sufficient air to continuously
support the combustion of the fuel. All heating devices shall be constructed,
installed, and operated in such a manner as to minimize accidental burns.
No person shall let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the following
requirements:
A.
Every foundation, roof, floor, exterior and interior
wall, ceiling, inside and outside stair, every porch, and every appurtenance
thereto, shall be safe to use and capable of supporting the loads that normal
use may cause to be placed thereon; and shall be kept in sound condition and
good repair. Every inside and outside stair or step shall have uniform risers
and uniform treads.
B.
Every foundation, roof and exterior wall, door, skylight
and window shall be reasonably weathertight, watertight and dampfree, and
shall be kept in sound condition and good repair. Floors, interior walls and
ceilings shall be sound and in good repair. All exterior wood surfaces, other
than decay-resistant woods, shall be protected from the elements and decay
by paint which is not lead-based paint or by other protective covering or
treatment. Walls shall be capable of affording privacy for the occupants.
C.
Every premise shall be graded, drained, free of stagnant
water, and maintained in a clean, sanitary and safe condition.
D.
Unless other provisions are made, gutters, leaders and
downspouts shall be provided and maintained in good working condition as to
provide proper drainage of stormwater.
E.
Every window, exterior door and hatchway or similar device
shall be so constructed to exclude insects during that portion of the year
when there is a need for protection against mosquitoes, flies and other flying
insects.
(1)
Every doorway used for ventilation and opening directly
from a dwelling unit to outside space shall have supplied properly fitting
screens having at least 16 mesh and with a self-closing device.
(2)
Every window or other device with openings to outdoor
space, used for ventilation, shall be supplied with screens.
F.
Every dwelling, multiple dwelling, rooming house or accessory
structure and the premises on which located shall be maintained in a rat-free
and ratproof condition.
(1)
All openings in the exterior walls, foundations, basements,
ground or first floors and roofs which have a half-inch diameter or more opening
shall be ratproofed in an approved manner if they are within 48 inches of
the existing exterior ground level immediately below such openings, or if
they may be reached by rats from the ground by climbing unguarded pipes, wires,
cornices, stairs, roofs, and other items such as trees or vines or by burrowing.
(2)
All windows located at or near ground level used or intended
to be used for ventilation, all other openings located at or near ground level,
and all exterior doorways which might provide an entry for rats, shall be
supplied with adequate screens or such other devices as will effectively prevent
the entrance of rats into the structure.
(3)
All sewers, pipes, drains or conduits and openings around
such pipes and conduits shall be constructed to prevent the ingress or egress
of rats to or from a building.
(4)
Interior floors of basements, cellars and other areas
in contact with the soil shall be ratproofed in an approved manner.
(5)
Materials stored outside the dwelling shall be stacked
neatly in piles so as to prevent the creation of a rat harborage area. No
stacking or piling of material shall take place against the exterior walls
of the structure.
G.
All fences shall be constructed of approved fencing material,
shall be maintained in good condition and shall not create a harborage for
rats. Wood materials shall be protected against decay by use of paint which
is not lead-based or by other preservative material. The permissible height
and other characteristics of all fences shall conform to the appropriate statutes,
codes and regulations of the Town of Old Saybrook and the State of Connecticut.
Wherever any egress from the dwelling opens into the fenced area, there shall
be a means of egress from the premises to any public way adjacent thereto
H.
Accessory structures present or provided by the owner,
agent or tenant occupant on the premises of a dwelling shall be structurally
sound, and be maintained in good repair and free of insects and rats, or such
structure shall be removed from the premises. The exterior of such structures
shall be made weather resistant through the use of decay-resistant materials
or the use of lead-free paint or other preservatives.
I.
Every plumbing fixture and all water and waste pipes
shall be properly installed and maintained in good sanitary working condition.
J.
Every water closet compartment, bathroom and kitchen
floor surface shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean and sanitary
condition.
K.
Every plumbing fixture and pipe, every chimney, flue,
and smoke pipe, and every other facility, piece of equipment or utility which
is present in a dwelling or dwelling unit, or which is required under this
code, shall be constructed, installed and maintained in conformance with the
appropriate statutes, codes and regulations of the Town of Old Saybrook and
the State of Connecticut.
L.
No owner, operator, or occupant shall cause any service,
facility, equipment or utility which is required under this code to be removed
from or shut off from or discontinued for any occupied dwelling or dwelling
unit let or occupied by him or her; except for such temporary interruption
as may be necessary while actual repairs or alterations are in process, or
during temporary emergencies when discontinuance of service is approved by
the appropriate authority or as provided for by the laws of the State of Connecticut.
M.
All construction and materials, ways and means of egress,
and installation and use of equipment shall conform with the appropriate statutes,
codes and regulations dealing with the fire protection of the Town of Old
Saybrook and the State of Connecticut.
No person shall rent any dwelling or dwelling unit, for the purpose
of living therein, unless there is compliance with the requirements of this
section:
A.
The maximum occupancy of any dwelling unit shall not
exceed the lesser value of the following two requirements:
(1)
For the first occupant there shall be at least 150 square
feet of floor space, and there shall be at least 100 square feet of floor
space for every additional occupant thereof, the floor space to be calculated
on the basis of total habitable room area.
(2)
A total number of persons shall be less than two times
the number of habitable rooms within the dwelling unit.
B.
The ceiling height of any habitable room shall be at
least seven feet, except that in any habitable room under a sloping ceiling
at least 1/2 of the floor area shall have a ceiling height of at least seven
feet, and the floor area of that part of such a room where the ceiling height
is less than five feet shall not be considered as part of the floor area in
computing the total floor area of the room for the purpose of determining
the maximum permissible occupancy.
C.
No floor space located up to four feet below grade shall
be used as a habitable room of a dwelling unit unless approved of by the appropriate
authority in writing.
D.
No space located more than four feet below grade shall
be used as a habitable room of a dwelling unit.
E.
In every dwelling unit of two or more rooms, every room
occupied for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space for the first occupant and every room occupied for sleeping
purposes by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof.
F.
No dwelling or dwelling unit containing two or more sleeping
rooms shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one sleeping
room can be had only by going through another sleeping room; nor shall room
arrangements be such that access to a sleeping room can be had only by going
through another sleeping room. A bathroom or water closet compartment shall
not be used as the only passageway to any habitable room, hall, basement,
or cellar or to the exterior of the dwelling unit.
G.
Every dwelling unit shall have at least four square feet
of floor-to-ceiling height closet space for the personal effects of each permissible
occupant; if it is lacking, in whole or in part, an amount of space equal
in square footage to the deficiency shall be subtracted from the area of habitable
room space used in determining permissible occupancy.
No person shall operate a rooming house or let to another for occupancy
any rooming unit in any rooming house, which is not in compliance with the
appropriate provisions of every section of this code. No owner shall let to
another person any rooming unit unless it is clean and sanitary and complies
with all applicable requirements of the Town of Old Saybrook.
A.
No person shall operate a rooming house unless he or
she holds a valid rooming house license issued by the Board of Selectmen in
the name of the operator and for the specific dwelling or dwelling unit. The
operator shall apply to the Board of Selectmen upon compliance by the operator
with the applicable provisions of this code and of any rules and regulations
adopted pursuant thereto. This license shall be displayed in a conspicuous
place within the rooming house at all times. No such license shall be transferable.
Every person holding such a permit shall give notice in writing to the Board
of Selectmen within 24 hours after having sold, transferred, given away, or
otherwise disposed of ownership of, interest in, or control of any rooming
house. Such notice shall include the name and address of the person succeeding
to the ownership or control of such rooming house. Every rooming house license
shall expire at the end of one year following its date of issuance, unless
sooner suspended or revoked as hereinafter provided.
B.
At least one flush water closet, lavatory basin and bathtub
or shower, properly connected to a water and sewer system approved under the
provisions of the Connecticut Public Health Code and in good working condition,
shall be supplied for each six persons or fraction thereof residing within
a rooming house, including members of the operator's family wherever
they share the use of said facilities, provided that:
(1)
In a rooming house where rooms are let only to males,
flush urinals may be substituted for not more than 1/2 the required number
of water closets and provided that there shall be at least one water closet.
(2)
All such facilities shall be so located within the dwelling
as to be reasonably accessible to all persons sharing such facilities and
from a common hall or passageway and provided that such facilities are not
located more than one floor above or below the rooming unit or units served.
(3)
Every lavatory basin and bathtub or shower stall be supplied
with heated and unheated water under pressure at all times.
(4)
If the rooming house has only one bathroom for use by
the occupants of the rooming units said bathroom shall not be located below
grade.
C.
The following provision shall apply in all rooming houses:
(1)
Cooking in rooming units is prohibited.
(2)
Communal cooking and dining facilities in a rooming house
are prohibited, except as approved by the appropriate authority in writing.
(3)
All food service and dining facilities provided in a
rooming house for the occupants of same shall comply with applicable food
service legislation.
(4)
Access doors to rooming units shall have operating locks
to insure privacy.
D.
Unless exempted by the Board of Selectmen in writing,
the operator of every rooming house shall change supplied bed linen and towels
therein at least once a week, and prior to the letting of any room to any
occupant, and the operator shall be responsible for the maintenance of all
supplied bedding in a clean and sanitary manner.
E.
Every rooming unit shall comply with all the requirements
of this code pertaining to a habitable room. Every rooming unit occupied by
one person shall contain at least 110 square feet of floor space and every
rooming unit occupied by more than one person shall contain at least 90 square
feet for each occupant thereof; further, every rooming unit shall contain
also at least four square feet of closet space for each occupant with at least
an unobstructed height of five feet. If the closet space is lacking in whole
or in part, space of the amount of the deficiency shall be subtracted from
the area of the habitable room space when determining occupancy.
F.
Every rooming unit shall have immediate access to two
or more approved means of egress, appropriately marked, leading to safe and
open space at ground level or as required by the appropriate statutes, codes
and regulations of the Town of Old Saybrook and the State of Connecticut.
G.
Structurally sound handrails shall be provided on any
steps containing two risers or more. Porches, patios and/or balconies located
more than three feet higher than the adjacent areas shall have structurally
sound protective guard or handrails specified by the State of Connecticut
Building Code.
H.
Access to or egress from each rooming unit shall be provided
without passing through any other rooming unit.
A.
The Board of Selectmen shall enforce the provisions of this code and is hereby authorized and directed to make inspections pursuant to the plans for inspection authorized by § 166-11A; or in response to a complaint that an alleged violation of the provisions of this code or of applicable rules or regulations pursuant thereto may exist; or when the Board of Selectmen have valid reason to believe that a violation of this code or any rules and regulations pursuant thereto has been or is being committed. The Board of Selectmen is hereby authorized to designate as agents each member of the Board of Selectmen, the Zoning Enforcement Officer, the Building Official, the Town Sanitarian, the Director of Health and the Fire Marshal. Any or all of the aforementioned persons may make inspections on behalf of the Board of Selectmen.
B.
The Board of Selectmen and/or its designated agents are
hereby authorized to enter and inspect between the hours of 8:00 a.m. and
5:00 p.m. all dwellings, dwelling units, rooming houses and rooming units
subject to the provisions of this code for the purpose of determining whether
there is compliance with its provisions.
C.
The Board of Selectmen and/or its designated agents is
hereby authorized to inspect the premises surrounding dwellings, dwelling
units, rooming houses and rooming units subject to this code, for the purpose
of determining whether there is compliance with its provisions.
D.
The Board of Selectmen and/or its designated agents and the owner, occupant or other person in charge of a dwelling and dwelling unit and rooming unit and rooming house, subject to this code may agree to an inspection by appointment at a time other than the hours provided in Subsection B of this section.
E.
The owner, occupant or other person in charge of a dwelling,
dwelling unit, rooming unit or rooming house upon presentation of proper identification
by the appropriate authority, a copy of any relevant plan of inspection pursuant
to which entry is sought, and a schedule of the specific areas and facilities
to be inspected shall give the appropriate authority entry and free access
to every part of the dwelling, dwelling unit or rooming unit to the premises
surrounding any of these.
F.
The Board of Selectmen shall keep confidential all evidence
exclusive of the inspection record, which it may discover or obtain in the
course of an inspection made pursuant to this section, and such evidence shall
be considered privileged.
G.
If any owner, occupant, or other person in charge of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling or a rooming house subject to licensing under § 166-13, fails or refuses to permit free access and entry to the structure or premises under his or her control, or any part thereof, with respect to which an inspection authorized by this code is sought to be made, the Board of Selectmen may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, multiple dwelling, or rooming house, petition and obtain such order from a court of competent jurisdiction.
H.
When required, the Board of Selectmen shall obtain the
necessary order from the court to conduct the inspection.
A.
No person shall operate a rooming house unless he holds
a current, unrevoked operating license issued by the Board of Selectmen in
his or her name for the specific named rooming house.
B.
Every operating license shall be issued for a period
of one year from its date of issuance unless sooner revoked, and may be renewed
for successive periods of not to exceed one year.
C.
The Board of Selectmen is hereby authorized upon application
therefor to issue new operating licenses, and renewals thereof, in the names
of applicant owners or operators of rooming houses. No such licenses shall
be issued unless the rooming house in connection with which the license is
sought is found after inspection to meet all applicable requirements of this
code and applicable rules and regulations pursuant thereto.
D.
No operating license shall be issued or renewed unless
the applicant owner or operator has first made application therefor on an
application form provided by the Board of Selectmen. The Board of Selectmen
shall develop such forms and make them available to the public.
E.
No operating license shall be issued or renewed unless the applicant owner or operator agrees in his application to such inspection pursuant to §§ 166-11A and 166-12A and 11.01 as the Board of Selectmen may require to determine whether the rooming house in connection with which such license is sought is in compliance with the applicable provisions of this code and with applicable rules and regulations pursuant thereto.
F.
No operating license shall be issued or renewed unless
the completed application form be accompanied by payment of a license fee
approved by the Board of Selectmen.
G.
No operating license shall be issued or renewed for a
nonresident applicant unless such applicant designates in writing to the Board
of Selectmen the name of his or her agent for the receipt of service of notice
of violation of the provisions of this code and for service of process pursuant
to this code.
H.
No operating license shall be issued or renewed for a
resident applicant unless such applicant has first designated an agent for
the receipt of service of violations of the provisions of this code, when
said applicant is absent from the Town of Old Saybrook for 30 or more days.
Such a designation shall be made in writing and shall accompany each application
form. The applicant may designate any person resident in the Town of Old Saybrook
as his or her agent for this purpose.
I.
No operating license shall be renewed unless an application
therefor has been made within 60 days prior to the expiration of the present
operating license.
J.
Each license shall be displayed in a conspicuous place
within the common ways of the rooming house. No license shall be transferable
to another person or to another multiple dwelling or rooming house.
K.
Every owner or operator of a licensed rooming house shall keep or cause to be kept an accurate record of all repairs, alterations and equipment changes related to the provisions of this code or to any rules and regulations pertaining thereto, and all corrections made as the result of inspections by the Board of Selectmen. Such record shall be made available to the Board of Selectmen by the owner or operator when requested. Every owner or operator subject to this section shall be notified that such record may be used in administrative or judicial proceedings pursuant to the provisions of this code. The Board of Selectmen shall, upon issuance of a license as required in Subsection A of this section, advise the licensee of the necessity for such record and the manner in which such record shall be kept.
L.
Whenever, upon inspection of the licensed rooming house, or of the records required to be kept by Subsection K above, the Board of Selectmen finds that conditions or practices exist which are in violation of the provisions of this code or of any applicable rules and regulations pursuant thereto, the owner or operator shall be served with notice of such violation in the manner hereinafter provided. Such notice shall state that unless the violations cited are corrected within reasonable time, the operating license may be suspended.
M.
At the end of the time they have allowed for correction
of any violation cited, the Board of Selectmen shall reinspect the rooming
house and if it is determined that such conditions have not been corrected,
an order suspending the operating license may be issued.
N.
Any person whose license to operate a rooming house has
been suspended shall be entitled to a reconsideration of the order by an administrative
conference or by an appeal to the Housing Code Appeals Board in the manner
hereinafter provided by this code. If no request for reconsideration or appeal
reaches the Board of Selectmen within 21 days following the issuance of the
order of suspension, the license shall be revoked, except that prior to revocation,
any person whose license has been suspended may request reinspection, upon
a showing that the violation or violations cited in the notice have been corrected.
O.
If, upon reinspection, the Board of Selectmen finds that
the rooming house in connection with which the notice was issued is now in
compliance with this code and with applicable rules and regulations issued
pursuant thereto, the license shall be reinstated. A request for reinspection
shall not extend the suspension period, unless the Board of Selectmen grants
such request.
The Board of Selectmen is hereby authorized to make, adopt, revise and
amend procedural rules and regulations as it deems necessary to administer
the purposes of this code.
A.
Whenever the Board of Selectmen determines that any dwelling,
dwelling unit, or rooming unit, or the premises surrounding any of these,
fails to meet the requirements set forth in this code or in applicable rules
and regulations issued pursuant thereto, the Board of Selectmen in accordance
with existing legislation shall issue a notice setting forth the alleged failures,
and advising the owner, occupant, operator, or agent that such failures must
be corrected. This notice shall:
(1)
Be in writing.
(2)
Set forth the alleged violations of this code or of applicable
rules and regulations issued pursuant thereto.
(3)
Describe the dwelling, dwelling unit or rooming unit
where the violations are alleged to exist or to have been committed.
(4)
Specify a specific date for the correction of any violation
alleged.
(5)
Be served upon the owner, occupant, operator, or agent
of the dwelling, dwelling unit, or rooming unit personally, or by registered
mail, return receipt requested, addressed to the owner, occupant, operator
or agent. If one or more persons to whom such notice is addressed cannot be
found after diligent effort to do so, service may be made upon such persons
by posting the notice in or about the dwelling, dwelling unit or rooming unit
described in the notice.
B.
At the end of the period of time allowed for the correction
of any violation alleged, the Board of Selectmen shall reinspect the dwelling,
dwelling unit or rooming unit described in the notice.
C.
If, upon reinspection, the violations are determined
by the Board of Selectmen not to have been corrected, the Board of Selectmen
shall initiate legal proceedings for the immediate correction of the alleged
violations or shall order the dwelling, dwelling unit or rooming unit vacated
(within not less than 24 hours or more than 10 days or both).
Any person who shall violate any provision of this code or who shall
willfully refuse or fail to obey an order of the Board of Selectmen or the
Housing Code Appeals Board to comply with this code, or of any rule or regulation
adopted hereunder, shall be subject to a penalty of $100 for each day that
each alleged violation after expiration of the specified reasonable consideration
period; provided, however, that the penalty set forth in this section is not
exclusive and, when the alleged violation is also a violation of the provisions
of any General Statute of the State of Connecticut (or regulation adopted
thereunder), or of any other ordinance of the Town of Old Saybrook, then such
additional penalty, or remedy of enforcement set forth in any such statute,
regulation or ordinance, shall pertain, in addition to the penalty provisions
of this section.
A.
Repairs and other corrective action.
(1)
Whenever an owner, operator, or agent of a dwelling, dwelling unit or rooming unit fails, neglects, or refuses to make repairs or other corrective action called for by the order or notice of violation issued pursuant to § 166-15A the Board of Selectmen may undertake such repairs or action, when in its judgment a failure to make them will endanger the public health, safety, or welfare, and the cost of such repairs and action will not exceed 50% of the fair market value of the structure to be repaired.
(3)
Every owner, operator, or agent of a dwelling, dwelling unit, or rooming unit, who has received notice of the intention of the Board of Selectmen to make repairs or take other corrective action shall give entry and free access to the agent of the Board of Selectmen for the purpose of making such repairs. Any owner, operator, or agent of a dwelling, dwelling unit or rooming unit who refuses, impedes, interferes with or hinders, or obstructs entry by such agent pursuant to a notice of intention to make repairs or take other corrective action shall be subject to the penalties in § 166-16 for each such failure to comply with this section.[1]
(4)
When repairs are made or other corrective action taken
at the direction of the Board of Selectmen, cost of such repairs and corrective
action shall constitute a debt in favor of the Town of Old Saybrook against
the owner of the repaired structure. In the event such owner fails, neglects,
or refuses to pay the Town of Old Saybrook the amount of this debt, it shall
be recoverable in a civil action against the owner or his successor, brought
in a court of competent jurisdiction by the Town of Old Saybrook, which shall
possess all rights of a private creditor.
B.
Designation of unfit dwellings, dwelling units, rooming
houses and rooming units:
(1)
Any dwelling, dwelling unit, rooming house or rooming unit shall be designated as unfit for human habitation when any of the following defects or conditions is found, and when, in the judgment of the Board of Selectmen, pursuant to § 166-12A, such defect creates a hazard to health safety or welfare of the occupants or of the public:
(a)
Is damaged, decayed, dilapidated, unsanitary, unsafe,
and/or vermin-infested and/or contains hazardous levels of lead-based paint
or other substance.
(b)
Lacks illumination, ventilation and/or required sanitation
facilities.
(c)
The general condition of location is unsanitary, unsafe
and/or unhealthful.
(2)
Whenever any dwelling, dwelling unit, rooming house or rooming unit has been designated as unfit for human habitation, the Board of Selectmen or its designated agent pursuant to § 166-12A shall placard the dwelling, dwelling unit, or rooming unit, indicating that it is unfit for human habitation, and, if occupied, shall order the dwelling, dwelling unit or rooming unit vacated within a reasonable time. Such time shall be defined by circumstances but shall not exceed five days. Whenever any dwelling, dwelling unit, rooming house or rooming unit has been placarded and vacated the Board of Selectmen or its designated agent pursuant to § 166-12A shall order services, and utilities to be turned off or disconnected and all utility meters to be removed.
(3)
No dwelling, dwelling unit, rooming house or rooming
unit which has been designated as unfit for human habitation, has been placarded
as such and vacated shall be used again for human habitation until written
approval is secured from the Board of Selectmen and the placard removed by
the Board of Selectmen.
(4)
The Board of Selectmen shall rescind the designation
as unfit for human habitation and remove the placard when the defect or condition
upon which such designation and placarding was based has been removed or eliminated
and the dwelling, dwelling unit, rooming house or rooming unit is deemed by
the Board of Selectmen as a safe, sanitary, and fit place for human habitation.
(5)
No person shall willfully deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and has been placarded as such, except as provided in Subsection B(4) above. Whoever violates this provision shall, upon conviction, be subject to a fine as provided in § 166-16.[2]
(6)
Any person affected by any decision of the Board of Selectmen or by any designation or placarding of a dwelling, dwelling unit or rooming unit as unfit for human habitation shall be granted a hearing on the matter before the Housing Code Appeals Board under the procedure set forth in § 166-19 of this code.
C.
Demolition of dwellings, dwelling units, rooming houses
or rooming units designated as unfit for human habitation.
(1)
The Board of Selectmen shall order a dwelling, dwelling unit, rooming house or rooming unit to be demolished if it has been designated as unfit for human habitation, has been placarded as such, has been vacated, has not been put into proper repair so as to rescind the designation as unfit for human habitation and to cause the placard to be removed, and is determined by the Board of Selectmen not to warrant repair under Subsection A(1) of this § 166-17.
(2)
The owner of any dwelling, dwelling unit, rooming house or rooming unit which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in § 166-15 and shall be given a reasonable time, not to exceed 90 days, to demolish such structure.
(3)
Any owner aggrieved by the notice to demolish may within 30 days seek a reconsideration of the matter in the manner hereinafter provided, and may seek a hearing in the manner provided in § 166-19.
(4)
When the owner fails, neglects, or refuses to demolish
an unfit, unsafe, or unsanitary dwelling, dwelling unit, rooming house or
rooming unit within the requisite time, the Board of Selectmen may apply to
a court of competent jurisdiction for a demolition order. The court may grant
such order when no reconsideration or hearing on the matter is pending. If
the cost of such demolition shall create a debt in favor of the Town of Old
Saybrook against such owner, such costs shall be recoverable in a civil action
brought by the Town of Old Saybrook which shall possess all the rights of
a private creditor.
(5)
Whenever a dwelling, dwelling unit, rooming house or
rooming unit is demolished, whether carried out by the owner or by the Board
of Selectmen, such demolition shall include the filling in of the excavation
on which the demolished dwelling or rooming house was located in such manner
as to eliminate all potential danger to the public health, safety, or welfare
arising from such excavation.
(6)
All demolition shall be preceded by an inspection of
the premises by the Board of Selectmen to determine whether or not extermination
procedures are necessary. If the premises are found to be infested, appropriate
rat extermination to prevent the spread of rats to adjoining or other areas
shall be instituted before, during and after demolition.
The Board of Selectmen is hereby authorized to collect and disseminate
information concerning techniques of maintenance, repair, and sanitation in
housing, and concerning the requirements of this code and applicable rules
and regulations issued pursuant thereto.
A.
There is hereby created a Housing Code Appeals Board,
appointed by the Old Saybrook Board of Selectmen, which shall consist of five
members, each to serve for a term of five years. The term of each member shall
begin on the first day of May 1979. The terms of the members shall be staggered
so that the terms of not more than three members shall expire in any one year.
For purposes of allowing such staggered terms, the first appointment of two
of the members shall be for terms of three years only, thereafter such terms
being increased to full five-year terms. The Housing Code Appeals Board shall
designate from its members a Chair and a Secretary.
B.
The Housing Code Appeals Board shall adopt reasonable
rules and regulations for the conduct of its meetings and investigations and
shall render all decisions and findings in writing to the Board of Selectmen
and all decisions and findings shall be made part of the public record.
C.
Any person aggrieved by a notice of the Board of Selectmen
issued in connection with any alleged violation of this code or of any applicable
rule or regulation issued pursuant thereto, or by any order requiring repair
or demolition, may apply to the Board of Selectmen for an administrative conference
for reconsideration of such notice or order, provided that such application
is made within 14 days after the date the notice or order was issued. If the
Board of Selectmen holds an administrative conference for reconsideration
of notice or order, the Board of Selectmen shall prepare a summary of the
conference and shall state the decision reached; such summary and statement
shall become part of the public record.
D.
Any person aggrieved by a notice of the Board of Selectmen
issued in connection with any alleged violation of this code or of any applicable
rule or regulation issued pursuant thereto, or by any order requiring repair
or demolition, may apply to the Housing Code Appeals Board for a reconsideration
of such notice or order, provided that such application is made within 21
days after the date the notice or order was issued.
E.
The Housing Code Appeals Board shall, within 10 days
upon receipt of an appeal, set a time and place for the hearing, which hearing
shall be held within 30 days from the date of receipt of such appeal. Said
Board shall advise the applicant, in writing, of such time and place of hearing
by certified mail, return receipt requested, at least seven days prior to
the date of said hearing.
F.
At such a hearing the applicant shall be given an opportunity
to be heard and to show cause why such notice or order should be modified,
extended, withdrawn or a variance granted.
G.
The Housing Code Appeals Board, by a majority vote, may
sustain modify or withdraw the notice or order. In granting an extension or
variance of any notice or order, the Appeals Board shall observe the following:
(1)
The Housing Code Appeals Board may grant an extension
of time for the compliance of any order or notice for not more than 18 months
subject to appropriate conditions and provided that the Appeals Board makes
specific findings of fact based on evidence relating to the following:
(2)
The Housing Code Appeals Board may grant a variance in
a specific case and from a specific provision of this code subject to appropriate
conditions and provided that the Appeals Board makes specific findings of
fact based on evidence related to the following:
(a)
That there are practical difficulties or unnecessary
hardships in carrying out the strict letter of any notice or order; and
(b)
That the effect of the application of the provisions
would be arbitrary in the specific case; and
(c)
That an extension would not constitute an appropriate
remedy for these practical difficulties or unnecessary hardships and this
arbitrary effect; and
(d)
That such variance is in harmony with the general purpose
and intent of this code in securing the public health, safety and general
welfare.
A.
Whenever, in the judgment of the Board of Selectmen or its designated agent pursuant to § 166-12A, an emergency exists which requires immediate action to protect the public health, safety or welfare, an order may be issued, without a hearing or appeal directing the owner, occupant, operator, or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the Board of Selectmen or its designated agent pursuant to § 166-12A may act to correct or abate the emergency.
B.
The owner, occupant, operator, or agent shall be granted
a hearing before the Housing Code Appeals Board on the matter upon his or
her request, as soon as practicable, but such appeal shall in no case stay
the abatement or correction of such emergency.
In any case where a provision of this code is found to be in conflict
with a provision of any zoning, building, fire, safety, or health ordinance
or code of the Town of Old Saybrook existing on the effective date of this
code, the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail. In any
case where a provision of this code is found to be in conflict with a provision
of any other ordinance or code of the Town of Old Saybrook existing on the
effective date of this code which establishes a lower standard for the promotion
and protection of the health and safety of the people, the provisions of this
code shall be deemed to prevail, and such other ordinances or codes are hereby
declare to be repealed to the extent that they may be found in conflict with
this code.
