[HISTORY: Adopted by the Town of Cromwell
as indicated in article histories. Amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
[Adopted BOS 7-9-1997]
It is hereby found and declared that there exist
in the Town of Cromwell structures used for nonresidential purposes
which are, or may become in the future, substandard with respect to
structure, equipment and maintenance; or further that such conditions
including but not limited to structural deterioration, lack of maintenance,
lack of essential heating, plumbing, storage or refrigeration equipment,
lack of maintenance or upkeep of essential utilities and facilities,
existence of fire hazards, inadequate provisions for light and air,
unsanitary conditions and overcrowding constitute a menace to the
health, safety, morals, welfare and reasonable comfort of the citizens
and inhabitants of the Town of Cromwell. It is further found and declared
that by reason of lack of maintenance and progressive deterioration,
certain properties have the further effect of creating blighting conditions
and initiating slums, and that if the same are not curtailed and removed,
the aforesaid condition will grow and spread and will necessitate
in time the expenditure of large amounts of public funds to correct
and eliminate the same, and that by reasons of timely regulations
and restrictions as herein contained, the growth of slums and blight
may be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities of nonresidential uses
and adjacent or nearby residential neighborhoods enhanced and the
public health, safety and welfare protected and fostered. It is further
found that many vacant or blighted buildings can be repaired or rehabilitated
and reused so as to provide decent, safe and sanitary commercial facilities
and hence to become productive properties for the owners and a source
of property taxes for the Town.
The purpose of this article is to protect the
public health, safety, morals and welfare by establishing minimum
standards governing the maintenance, appearance, condition and occupancy
of nonresidential premises; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make the aforesaid facilities fit for human habitation,
occupancy and use; to fix certain responsibilities and duties upon
owners and operators and distinct and separate responsibilities and
duties upon occupants; to authorize and establish procedures for the
inspection of premises; to fix penalties for the violations of this
article; and to provide for the repair, demolition or vacation of
premises unfit for human habitation or occupancy or use. This article
is hereby declared to be remedial and essential for the public interest,
and it is intended that this article be liberally construed to effectuate
the purposes as stated herein.
The short title of this article shall be "Commercial
Structures Code of Cromwell."
The following terms, wherever used herein or
referred to in this article, shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context:
A structure the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
A structure adapted to permanent or continuous occupancy
for use for public, institutional, business, industrial or storage
purposes.
The condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any device or condition likely to cause fire
and which is so situated as to endanger either persons or property.
The creation, maintenance or continuance of
any physical condition by reason of which there exists a use, accumulation
or storage of combustible or explosive material sufficient in amount
or so located or in such a manner as to put in jeopardy, in event
of ignition, either persons or property.
The obstruction to or of fire escapes, stairways,
aisles, exits, doors, windows, passageways or halls, likely, in the
event of fire, to interfere with the operations of the Fire Department
or of the safety and ready egress of occupants.
All kitchen refuse of residences, hotels, restaurants or
other places where food is prepared for human consumption, and all
offal from fish, meat and vegetable markets, and all vegetable or
organic substances unfit for food that are subject to immediate decay.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
A motor vehicle not displaying proper registration plates
and which is worn out, inoperative or which is ready for dismantling
or destruction.
Any person who has charge, care or control of a premises,
or a part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
or control as owner or agent of the owner, or as executor, executrix,
administrator, administratix, trustee, receiver or guardian of the
estate, or as a mortgagee in possession, regardless of how such possession
was obtained.
All of the following supplies, facilities and equipment:
gas pipes, gas burning equipment, water pipes, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes-washing machines, catch basins, vents and
any other similar supplied fixtures, together with all connections
to water, sewer or gas lines, and water pipes and lines utilized in
conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the building or
structures thereon.
Brush, weeds, broken glass, stumps, roots, obnoxious growth,
filth, garbage, trash, refuse, debris and junk motor vehicles.
An enclosed space containing one or more toilets and one
or more lavatories or fixtures serving similar purposes.
All combustible and noncombustible waste materials, except
garbage; and the term shall include, but not be limited to, the residue
from the burning of wood, coal, coke and other combustible material,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather, plastic
or other synthetic materials, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery, abandoned automobiles and
dust.
Any combination of any materials, whether fixed or portable,
forming a construction, including buildings.
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through window, skylights,
doors or stacks with or without wind-driven devices.
Deterioration, decay or damage caused by exposure to the
elements.
Every building and the premises on which it is situated which are not governed by the provisions of Chapter 151, Housing Standards, of this Code shall comply with the provisions of this article, whether or not such buildings shall have been constructed, altered or repaired before or after the enactment of this article, and irrespective of any permits or licenses which shall have been 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 establishes minimum standards for the continued occupancy and use of all buildings to which it applies and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities including, but not limited to, the Connecticut Basic Building Code, the Cromwell Zoning Regulations, Chapter 146, Health Standards, of this Code, Chapter 158, Littering, of this Code, and other applicable Town and state laws.
A.
Owners and operators shall have all the duties and responsibilities as prescribed in this article and also in Chapter 151, Housing Standards, of this Code and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B.
Occupants shall have all the duties and responsibilities in this article and also in Chapter 151, Housing Standards, in this Code and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C.
Unless expressly provided to the contrary in this
section, the respective obligations and responsibilities of the owner
and operator on one hand and the occupant on the other shall not be
altered or affected by any agreement or contract by and between any
of the aforesaid or between them and other parties.
The following duties and responsibilities are
hereby imposed on every owner and operator of any building covered
by the provisions of this article:
A.
The exterior of the premises and all structures thereon
shall be kept free of all nuisances and any hazards to the safety
of occupants, pedestrians and persons utilizing the premises and free
of unsanitary conditions, and any of the foregoing shall be promptly
removed and abated by the owner or operator. The items prohibited
hereby shall include but not be limited to brush, weeds, broken glass,
stump roots, obnoxious growth, filth, garbage, trash, debris, dead
and dying trees and limbs or other natural growth, loose or overhanging
objects, ground surface hazards and junk motor vehicles.
B.
Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
C.
Chimneys and all flue and vent attachments thereto
shall be maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designed. Chimneys, flues, gas vents or other draft-producing equipment
shall provide sufficient draft to develop the rated output of the
connected equipment, shall be structurally safe, durable, smoke-tight
and capable of withstanding the action of the flue gas.
D.
Exterior porches, landings, balconies, stairs and
fire escapes shall be provided with banisters or railings properly
designed and maintained to minimize the hazard of falling, and the
same shall be kept structurally sound, in good repair and free from
defects.
E.
The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of
the premises and all buildings thereon shall reflect a level of maintenance
which will create confidence in, and encourage the patronage of or
use by, tenants, customers, business invitees, employees and others
who may be expected to use or visit the premises in the ordinary course
of business.
F.
Premises shall be kept landscaped, and lawns, hedges
and bushes shall be kept trimmed and in good health.
G.
All permanent signs and billboards exposed to public
view permitted pursuant to other ordinances or laws shall be maintained
in good repair. Any signs which have excessively weathered or faded
or those upon which the paint has excessively peeled or cracked shall,
with their supporting members, be removed forthwith or put into a
good state or repair by the owner of the sign.
H.
All display windows or storefronts constructed of
plate glass shall be kept clean and free of cracks, and no storage
shall be permitted therein unless shielded from public view.
I.
All storefronts shall be kept in good repair, painted
where required, and shall not constitute a safety hazard or nuisance.
In the event that repairs to a storefront become necessary, such repairs
shall be made with the same, similar or comparable materials used
in the construction of the storefront in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a storefront
shall be kept painted, where required, and in good repair.
J.
Except for "For Rent" and "For Sale" signs, any temporary
sign or other paper advertising materials glued or otherwise attached
to an exterior building surface, window or windows or otherwise exposed
to public view shall be removed at the expiration of the event or
sale for which it is erected or within 60 days after erection, whichever
shall occur first.
K.
Any awnings or marquees and their accompanying structural
members which extend over any street, sidewalk or other portion of
the premises shall be maintained in good repair and shall not constitute
a nuisance or a safety hazard. In the event that such awnings or marquees
are not properly maintained in accordance with the foregoing, they
shall, together with their supporting members, be removed forthwith.
In the event that said awning or marquees are made of cloth or plastic,
or of similar materials, said cloth or plastic where exposed to public
view shall be maintained in good condition and shall not show evidence
or excessive weathering, ripping, tearing or other holes. Nothing
herein shall be construed to authorize any encroachment on streets,
sidewalks or other parts of the public domain.
L.
The exterior of every structure or accessory structure
shall be kept in good repair and kept painted where necessary for
purposes of preservation and appearance. All surfaces shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other condition reflective of deterioration or inadequate
maintenance.
M.
Rest rooms shall be surfaced with waterproof floors
and shall be kept dry, clean and sanitary at all times. Sufficient
rest rooms shall be installed and maintained for each sex commensurate
with the use of the premises. Every rest room shall be provided with
a permanently installed artificial lighting fixture and a wall switch
therefor which is free from danger of short-circuiting.
N.
All premises shall be properly connected to and provided
with electric power as requested for the operation of the structure.
All such connections and electrical equipment shall be installed and
maintained in conformity with the provisions of the National Electrical
Code and other applicable ordinances.
O.
Maximum fuse sizes consistent with safety shall be
posted conspicuously, and no fuse shall be installed in a fuse box
in excess of the stated maximum; except that owners and operators
shall not be responsible for a violation in fuse installations occurring
without their knowledge where the correct maximum fuse size is stated
on the fuse box, and the fuse box is located within any part of the
premises which is in the exclusive possession of the occupant. In
those cases, the occupant shall be responsible for such violations.
The following duties and responsibilities are
hereby imposed upon every occupant of any building covered by the
provisions of this article:
A.
Upon discovery by an occupant of any violation of
this article, such occupant shall report the same to the owner or
operator. Upon failure of the owner or operator to act in five days,
then the occupant shall report the same to the inspector immediately.
B.
All parts of the premises under the control of the
occupant shall be kept in a clean and sanitary condition.
C.
Storage bins, rooms and areas shall not be used for
the accumulation of garbage or refuse.
D.
Every occupant shall be responsible for the elimination
of infestation in and on the premises subject to its control.
E.
No occupant shall install electrical fuses in a fuse
box in excess of the limit posted on such fuse box. In the event that
a fuse box is not posted with fuse limits, the occupant shall promptly
upon discovery of such condition report the same to the owner or operator.
Upon failure of the owner or operator to act in five days to post
such fuse limits, then the occupant shall report the same to the inspector
immediately.
The provisions of this article shall be administered
and enforced by the Public Health Coordinator of the Town of Cromwell
or his/her designated agent referenced herein as the "inspector."
[Amended TC 6-16-2014]
Whenever in this article any act is prohibited
or declared to be unlawful or the doing of any act is required or
the failure to do any act is declared to be unlawful, the violation
of any such provision of this article, the inspector may obtain a
citation for such violation, which violation shall be punishable by
a fine not to exceed $100, provided that prior to issuing such citation,
the inspector shall issue a written warning providing notice of the
specific violation(s). Each day of any violation of this article shall
constitute a separate offense. In addition, with the written consent
of the Town Manager, the inspector may refer any violation of this
article to the state attorney for criminal prosecution as provided
by the Connecticut General Statutes, or may refer any violation to
the Town Attorney for injunctive relief or other civil action.
In any case where the provisions of this article
impose a higher standard than that set forth in any other ordinance
or law, then the standards as set forth herein shall prevail, but
if the provisions of this article impose a lower standard than any
other ordinance or law, then the higher standard contained in such
other ordinance or law shall prevail.
No license or permit or other certification
of compliance with this article shall constitute a defense to any
violation of any other ordinance of the Town applicable to any structure
or premises, nor shall any provision herein relieve any owner, operator
or occupant from complying with any other provision, nor any official
of the Town from enforcing any such other provision.
