Town of Manchester, CT
Hartford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Directors of the Town of Manchester as Secs. 4-41 to 4-47 of the 1996 Code; amended in its entirety 6-12-2012. Subsequent amendments noted where applicable.]
Building construction — See Ch. 129.
Demolition of buildings — See Ch. 133.
Littering — See Ch. 209.
Property maintenance — See Ch. 242.
Abandoned refrigerators and other airtight containers — See Ch. 251.
Solid waste — See Ch. 273.
Authority to define, prohibit and abate nuisances — See § 1-3(17).
Municipal authority to define, prohibit and abate nuisances — See C.G.S. § 7-148(c)(7)(E).
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The Building Inspector or Chief Building Inspector charged with the duty to administer and enforce the State Building Code and this chapter.
Buildings which are abandoned, boarded up, partially destroyed, by fire or otherwise, or partially constructed or uncompleted after building permits have expired.
The Building Official shall examine or cause to be examined whether any piece of real property has been maintained so as to constitute a nuisance as defined in § 226-1. If the Building Official finds that a nuisance does exist, he shall obtain a title report as to the real property, which shall identify all owners of record, lessees of record, holders of mortgages, or other liens and encumbrances of record. He shall serve upon each such person having an interest in said real property by personal service or by certified mail, postage prepaid, return receipt requested, a written notice stating the nature of the nuisance and ordering the owner to commence either the required repairs, improvements, demolition, or other actions, whichever in his judgment shall be appropriate to abate the nuisance, within 30 days from the date of service of such notice, and to complete such work within 90 days from the date thereof. The notice shall be sent to each such person at his address as it appears on any public record kept by the Town, or as known to the Building Official. If no address of any such person so appears, then a copy of the notice shall be so mailed and addressed to such person at the address of the real property found to constitute a nuisance. The service by certified mail shall be effective on the date of mailing. In addition to such service, the Building Official shall cause at least one copy of the notice bearing title letters at least one inch high reading "NOTICE TO ABATE NUISANCE," to be posted conspicuously on the building, structure, or on the real property itself found to be a nuisance.
The owner of the property which is subject to the order described in § 226-2 shall comply therewith as therein provided. The time for compliance with said order shall commence no later than 30 days from the date of service of said order.
If the owner does not obtain the proper permits and does not physically commence the abatement of the nuisance within the time required for the commencement of said work, the Building Official is authorized to undertake the appropriate actions, such as repair, improvement, or demolition necessary to abate the nuisance in accordance with his order. The Building Official shall keep an itemized account of all expenses involved in the repairing, improving, or demolishing or other acts necessary to abate the nuisance. The Building Official shall mail a statement of such expenses to the property owner and to the holder of any interest of record along with a bill requiring the payment by the owner of the same within 30 days from the date of the mailing thereof. Such statement shall include expenses incurred in issuing said order by the Building Official, including the obtaining of a title report as required by § 226-2. If the bill is not paid in full on the due date, in addition to pursuing other legal remedies, the Building Official may prepare or cause to be prepared a lien for such expenses pursuant to and in accordance with General Statutes § 49-73b as amended, which lien may be recorded on the land records.
Every person who shall cause or maintain a public nuisance as defined in § 226-1 shall be fined $50 per day for each day that such public nuisance exists; or who shall willfully omit or refuse to comply with an order issued by the Building Official pursuant to § 226-2 shall be fined not more than $100 for each day that such violation continues to exist.
Each day that a violation continues to exist pursuant to Subsections A and B herein shall constitute a separate offense.
At the discretion of the Building Official, the following remedies may be pursued:
Criminal prosecution as provided by law;
Issuance and enforcement of an abatement order as provided in §§ 226-2 and 226-4;
Criminal prosecution and abatement proceedings concurrently.