Town of Manchester, CT Article I Administration

§ 242-1 Title; authority; scope; intent.

[Amended 7-5-2016]

A. Title.

(1) These regulations shall be known as the "Town of Manchester Property Maintenance Code," hereinafter referred to as "this code."

(2) This chapter is enacted pursuant to the authority granted to the Town of Manchester under Connecticut General Statutes §§ 7-148(c)(7)(H)(xv), 7-148(c)(7)(A); 7-148(c)(7)(E); 7-148aa; 7-148jj; 7-148o; and 7-152c. The Board of Directors finds that blighted or unsafe buildings and other structures may pose a threat to the health, safety and general welfare of their occupants and other members of the public, and may reduce the value and unreasonably interfere with the use and enjoyment of properties in the vicinity of such premises. The Board of Directors also finds that buildings and structures within the Town of Manchester should not be allowed to become blighted or unsafe or to remain in such a condition.

B. Scope. This code is to protect the public health, safety and welfare in all existing residential premises, the exterior of all nonmunicipal, nonresidential premises and the exterior of all included municipal facilities by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises; and providing for administration, enforcement and penalties.

C. Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.

D. Referenced standards. The standards referenced in this code and listed in Article VII shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced standards, this code shall apply.

E. Existing remedies. The provisions in this code shall not be construed to:

(1) Abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary; or

(2) Prevent the enforcement of other statutes, codes, ordinances or regulations which prescribe standards other than those provided in this article.

F. Workmanship. All repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner.

G. Application of other codes. Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Connecticut State Building Code and Connecticut State Fire Safety Code listed in Article VIII.

H. No owner or other person having lawful possession or control of a building or other structure within the Town of Manchester shall permit the building or structure to become blighted or unsafe, as defined in § 242-13 below, or to remain in a blighted or unsafe condition.

I. The provisions of this chapter are declared to be severable. If any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, clauses, sentences or phrases of the chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand, notwithstanding the validity of any part.

§ 242-2 Saving clause.

[Amended 7-5-2016]

This code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

§ 242-3 Maintenance of equipment, systems, devices and safeguards required.

[Amended 7-5-2016]

All equipment, systems, devices and safeguards required by this code or a previous statute or code for the structure or premises when erected or altered shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.

§ 242-4 Use of approved materials and equipment; approval of alternatives.

[Amended 7-5-2016]

A. Approved materials and equipment. All materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.

B. Modifications.

(1) Where there are practical difficulties involved in carrying out provisions of this code, the code official shall have the right to vary or modify such provisions, subject to the approval of the Municipal Board of Appeals (see § 242-11) upon application of the owner or the owner's representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare are assured.

(2) Records. The application for modification and the final decision of the code official shall be in writing and shall be officially recorded in the permanent records of the Department.

C. Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements have been placed in good and proper working condition and approved.

D. Alternative materials and equipment. The provisions of this code are not intended to prevent the installation of any material or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

§ 242-5 Duties and powers of Blight Enforcement Officer and code official.

[Amended 7-5-2016]

A. General. The Blight Enforcement Officer and/or the code official and his or her lawfully appointed designee shall enforce all of the provisions of this code.

B. Notices and orders. The Blight Enforcement Officer and/or the code official shall issue all necessary notices or orders in writing to ensure compliance with the code.

C. Right of entry. The Blight Enforcement Officer and/or the code official or his assistants shall have the right of entry to such buildings or structures as may be within his jurisdiction for the proper performance of his duties between the hours of 9:00 a.m. and 5:00 p.m., except that, in the case of emergency, he shall have the right of entry at any time, if such entry is necessary in the interest of public safety, in accordance with Connecticut General Statutes Chapter 541, Part IA, or under such conditions as described in Connecticut General Statutes Chapter 541, Part III.

D. Access by owner or operator. Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this code.

E. Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

F. Coordination of enforcement. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the code official so charged by the jurisdiction. Whenever inspections are necessary by any other department, the code official shall make a reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.

G. Rule-making authority. Adoption and promulgation of rules and regulations shall be subject to the approval of the Town of Manchester Board of Directors. The code official shall have power as necessary in the interest of public health, safety and general welfare to interpret and implement the provisions of this code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code or of violating accepted engineering practice involving public safety. The code official, with the approval of the Board of Directors, shall be permitted to utilize the applicable BOCA code commentaries as needed for interpretation and clarification of what the intent of the code is.

H. Organization. The code official shall select such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this code and as authorized by the appointing authority. The code official is authorized to designate as authorized by the appointing authority employees as deputies who shall exercise all the powers of the code official during the temporary absence or disability of the code official.

I. Restriction of employees. An official or employee connected with the enforcement of this code, except one whose only connection is that of a member of the Municipal Board of Appeals established under the provisions of § 242-11, shall comply with § 2-4 of the Town Charter, and shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.

§ 242-6 Powers and duties of enforcement officers; notice and enforcement; penalties for offenses.

[Amended 7-5-2016]

A. Powers.

(1) The Blight Enforcement Officer and/or the code official is granted the authority necessary to enforce the provisions of this chapter in the exercise of his or her discretion, including, but not limited to, the referral of properties in violation of this chapter to the Housing Session of the Superior Court after due process is afforded the property owner, independent of the enforcement procedures set forth herein. Such authority shall include, but not be limited to, entering premises known to be, or suspected of being, blighted or unsafe for the purpose of conducting inspections, citing violations, determining enforcement actions, assessment fines, filing liens, designating a building or structure as blighted or unsafe, ordering the demolition of unsafe buildings or structures, and initiating legal actions.

(2) Any unpaid fine imposed shall constitute a lien upon the real estate in accordance with Connecticut General Statutes § 7-148aa. Each such lien shall be continued, recorded and released as provided for in § 7-148aa.

B. Inspection and designation of blighted or unsafe buildings or structures. The Blight Enforcement Officer or his or her designee shall inspect any buildings or structures that appear to be blighted or unsafe based upon reports of the Director of Health or of any other persons who have reason to know of such conditions, or upon such other evidence as the Blight Enforcement Officer deems relevant. Any building or structure that has been determined by the Blight Enforcement Officer to be blighted or unsafe shall be so designated by the Blight Enforcement Officer.

C. Notice and enforcement.

(1) Upon designating a building or structure as blighted, unsafe, or in noncompliance with any provision of this chapter, the Blight Enforcement Officer or code official shall issue to the owner a written notice of blighted or unsafe premises and shall order the owner to correct the blighted or unsafe condition within 60 days of the date of the notice. The notice shall be sent to the owner by certified mail and shall include:

(a) The facts upon which the designation is based;

(b) The date by which the blighted or unsafe conditions must be corrected, including a description of the corrective actions to be taken to bring the property into compliance with the order;

(c) The fines, penalties, costs, fees and other enforcement actions that may be imposed by citation if the conditions are not corrected; and

(d) The owner's right to contest the offer before one or more citation hearing officers appointed by the Board of Directors (the "hearing officer"). In the event that the relevant building or structure or portion of a building or structure is known by the Blight Enforcement Officer to be occupied by or under the legal control or possession of a person or persons other than the owner, the Blight Enforcement Officer may direct a similar notice and order to any such person or persons whom the Blight Enforcement Officer may reasonably believe to be fully or partially responsible for creating or maintaining the blighted or unsafe condition. Each person receiving such a notice and order shall be deemed to be jointly and severally liable for correcting the blighted or unsafe conditions.

(2) Prior to the expiration of the sixty-day repair period specified in the notice of blighted or unsafe building or structure, the owner or person receiving a notice and order pursuant to Subsection A may apply to the Blight Enforcement Officer for an extension of the repair period. The Blight Enforcement Officer may grant one or more extensions of the repair period, none of which may be longer than 60 days, if he or she determines that the owner or other person is diligently working to remedy the blighted or unsafe condition and that under the facts and circumstances an extension is reasonable.

(3) If the blighted or unsafe building or structure is not repaired to the satisfaction of the Blight Enforcement Officer, or demolished, by the conclusion of the sixty-day repair period and any extensions thereof granted by the Blight Enforcement Officer, the Blight Enforcement Officer shall issue a citation and impose a fine of $100 for each day that the building or structure remains unrepaired and stating that the owner or other person who received notice under Subsection A shall have 15 days from the receipt of the citation to make an uncontested payment of such fines. Each day that the property is in violation of this chapter shall constitute a separate offense. If the citation has been sent by regular mail, the day of receipt shall be deemed to be three business days after the mailing of the citation.

(4) Upon the expiration of the fifteen-day period for the uncontested payment of fines under Subsection C(3), the Blight Enforcement Officer shall send notice to the person cited under Subsection C(3). Such notice shall inform the person cited: a) of the allegations against him or her and the amount of fines, penalties, costs or fees due; b) that he or she may contest his or her liability before the hearing officer by delivery, in person or mail, of written notice within 10 days of the date thereof; c) that if he or she does not demand a hearing, an assessment and judgment shall be entered against him or her; and d) that such judgment may issue without further notice. All notices and hearings related to such citations shall be given and held, respectively, in accordance with the citation hearing procedures set forth in state law.

(5) Any property owner or other person who receives a citation pursuant to this chapter has the right to request a hearing before the hearing officer by delivering, by hand delivery or mail, written notice of such request within 10 days of the date of the notice of blighted or unsafe premises. If the property owner or other responsible person requests a hearing, the Blight Enforcement Officer shall set written notice, by certified mail, of the date, time and place for the hearing. Such hearing shall be held 15 days to 30 days from the date of the mailing of the notice of such hearing.

(6) The hearing officer shall conduct the hearing in the form and with the methods of proof as it deems fair and reasonable, in accordance with the hearing procedures for citations specified in state law. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.

(7) The hearing officer shall issue a written decision following the conclusion of the hearing. If he or she determines that the subject property owner or other person having lawful possession or control is not liable, the hearing officer shall dismiss the matter and enter the determination, in writing, accordingly. If the hearing officer determines that the subject property or other person having lawful possession or control owner is liable, it shall enter the determination, in writing, accordingly, and assess the relevant fines, penalties, costs or fees that are provided for in this chapter ("the assessment").

(8) If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than 30 days or more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of a Superior Court facility designated by the Chief Court Administrator, together with an entry fee of $8. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The clerk shall enter judgment, in the amount of such record of assessment and court costs of $8, against such person in favor of the municipality. Notwithstanding any provision of the General Statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person.

(9) A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to C.G.S. § 52-259, at a Superior Court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing de novo in accordance with the rules of the judges of the Superior Court.

(10) Any fine which is unpaid 30 days after it is imposed shall constitute a lien upon the real estate against which the fine was imposed from the original date of imposition.

D. Municipal performance. In the event any owner, agent, tenant or person in control of real property shall fail to abate or correct any violation specified in any notice, after the issuance of an enforcement citation for such failure, which citation has become final through the failure of such owner, agent, tenant, or person in control of real property to appeal from the issuance of such citation, or by such appeal being sustained, the Town of Manchester, acting through its Blight Enforcement Officer, may cause or take such action as is necessary to correct such violation. The cost to take such action shall be a civil claim by the Town against such owner, agent, tenant, or person responsible for such property and the Town Attorney may commence an action on behalf of the Town of Manchester to recover all costs, expenses and fees, including attorney's fees, incurred by the Town relating to the violation.

E. Willful violations.

(1) Except as provided in Subsection B of this section, any person who, after written notice and a reasonable opportunity to remediate blighted conditions, willfully violates any regulation adopted pursuant to Subparagraph (H)(xv) of Subdivision (7) of Subsection (c) of § 7-148 of the Connecticut General Statutes concerning the prevention and remediation of housing blight shall be fined by the state not more than $250 for each day for which it can be shown, based on actual inspection of the property on each such day, that the blighted conditions continued to exist after written notice to the owner or occupant as provided in this section, and the expiration of a reasonable opportunity to remediate.

(2) Any person who is a new owner or new occupant shall, upon written request, be granted a thirty-day extension of the notice and opportunity to remediate provided pursuant to Subsection E(1) of this section. For the purposes of this section, "new owner" means any person or entity who or which has taken title to a property within 30 days of the notice, and "new occupant" means any person who has taken occupancy of a property within 30 days of the notice.

§ 242-7 Notices and orders.

A. Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in Subsections B and C. Notices for condemnation procedures shall also comply with § 242-8C.

B. Form: Such notice prescribed in Subsection A shall:

(1) Be in writing;

(2) Include a description of the real estate sufficient for identification;

(3) Include a statement of the reason or reasons why the notice is being issued; and

(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.

C. Method of service. Such notice shall be deemed to be properly served if a copy thereof is delivered to the owner personally; or sent by certified or registered mail addressed to the owner at the last known address with return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in two conspicuous places in or about the structure affected by such notice. The code official who posts such premises shall certify in writing the date and the location and number of signs posted, and such certification shall be signed by the witness. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. In the event a violation of this code requires a referral to the Superior Court for enforcement, then service to satisfy court requirements will be made pursuant to applicable state statutes.

[Amended 12-10-2002]

D. Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 242-6B.

§ 242-7.1 Landlord registration.

[Added 1-15-2008; amended 7-5-2016]

A. Purpose. This section is being enacted in accordance with and pursuant to Connecticut General Statutes §§ 47a-6a and 47a-6b and is intended to assure the identification and availability of the name and address of the responsible party for landlord-related issues, including, but not limited to, notification and service of process for all Property Maintenance Code, Building Code, Housing Code, Fire Code and Health Code enforcement.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADDRESS

A location as described by the full street number, if any, the street name, the city or town, and the state, and not a mailing address such as a post office box.

AGENT IN CHARGE

One who manages real estate, including, but not limited to, the collection of rents and supervision of property.

NONRESIDENT OWNER

An owner of occupied or vacant residential rental property who does not reside on such property.

RESIDENTIAL RENTAL REAL PROPERTY

Any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied or is occupied as the home or residence of one or more persons, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yard.

C. Registration requirements.

(1) Each nonresident owner of occupied or vacant residential rental real property in the Town of Manchester shall maintain on file in the office of the Building Department the current residential address of the nonresident owner of such property, if the owner is an individual, or the current residential address of the agent in charge of the building, if the nonresident owner is a corporation, partnership, trust or other legally recognized entity owning rental property in the state. Each nonresident owner of occupied or vacant residential rental real property shall also provide a telephone number where said owner or a property manager authorized to act for said owner can be reached by the Town of Manchester in the event of an emergency.

(2) If such residential address changes, notice of the new residential address shall be provided by such nonresident owner or agent in charge of the building to such municipal office not more than 21 days after the date that the address change occurred.

(3) If the nonresident owner or agent fails to file an address under this section, the address to which the municipality mails property tax bills for the residential rental real property shall be deemed to be the nonresident owner's or agent's current address. Such address may be used for compliance with the provisions of Subsection D of this section.

(4) Service of state or municipal orders relating to maintenance of such residential rental real property or compliance with state law and local codes concerning such residential rental real property directed to the nonresident owner or agent at the address on file, or deemed to be on file in accordance with the provisions of this section, shall be sufficient proof of service of notice of such orders in any subsequent criminal or civil action against the owner or agent for failure to comply with the orders, provided a copy is also mailed to any post office box address on file. The provisions of this section shall not be construed to limit the validity of any other means of giving notice of such orders that may be used by the Town of Manchester.

D. Penalties for offenses.

(1) Any person who violates any of the provisions of this section shall have committed an infraction.

(2) Any person who violates the provisions of this section shall pay a civil penalty of $250 for the first violation and $1,000 for any subsequent violation. Any person who is assessed a civil penalty pursuant to this section may appeal therefrom to the Superior Court. An appeal shall be instituted not later than 30 days after the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to Section 52-259 of the General Statutes, at the Superior Court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.

E. Eligibility for Town programs, grants. Any person who fails to comply with the requirements of this section shall, in addition to the penalties set forth in Subsection D herein, be deemed ineligible to participate in any Town-sponsored programs benefiting a property which is subject to this section, including, but not limited to, grant assistance, rental assistance, Community Development Block Grant assistance, Rebuilding Together, tax abatement or tax assessment agreements and trash rebate programs.

F. Effective date. The provisions of this section shall become effective upon formal adoption by the Board of Directors. The date by which registration forms are due in the Building Department for the initial implementation of the requirements of this section is July 1, 2008.

G. Annual reporting to Board of Directors. No less than 90 days after the commencement of each fiscal year, the Town Finance Department shall forward a report to the Town Board of Directors, indicating for the previous fiscal year:

(1) An estimate of the overall level of compliance of nonresident owners with the registration requirements of this Landlord Registration Ordinance; and

(2) A description of enforcement efforts made with respect to nonresident owners who are not in compliance with the section; and

(3) The number of occasions when addresses or phone numbers obtained through the Landlord Registration Ordinance were requested by Town staff for code enforcement or emergency notification purposes, and whether, in each such case, the address or phone number was in fact available to the requester from the database maintained as part of the Landlord Registration Ordinance; and

(4) To the extent feasible, an estimate of the total annual revenue received by the Town which is attributable to the Landlord Registration Ordinance, whether from fees or fines; and

(5) To the extent feasible, an estimate of the total Town employee hours dedicated to implementation, oversight and enforcement of the provisions of this Landlord Registration Ordinance.

H. Severability of section provisions. Each subsection of this section is an independent subsection, and the holding of any subsection or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other subsections or parts thereof.

§ 242-8 Unsafe structures and equipment.

[Amended 7-5-2016]

A. General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

(1) Unsafe structure. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is likely.

(2) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

(3) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

(4) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

B. Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

C. Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 242-7C. The notice shall be in the form prescribed in § 242-7B.

D. Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

E. Prohibited occupancy. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment, shall be liable for the penalties provided by this code.

F. Removal of placard. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

§ 242-9 Emergency measures.

[Amended 7-5-2016]

A. Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same, except public officials in the performance of their official duties.

B. Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

C. Closing streets. When necessary for the public safety, the code official shall temporarily close structures or request the authority having jurisdiction to close sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

D. Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

E. Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the treasury of the Town of Manchester on approval of the code official, subject to the approval of the General Manager or his or her designee. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

F. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall, thereafter, upon petition directed to the Municipal Board of Appeals, be afforded a hearing as described in this code.

§ 242-10 Demolition.

[Amended 7-5-2016]

A. General. The code official shall order the owner of any premises upon which is located any structure which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to raze and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure.

B. Order. All notices and orders shall comply with § 242-6.

C. Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

D. Salvage materials. When any structure has been ordered razed and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

§ 242-11 Means of appeal.

A. Request for appeal. Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Municipal Board of Appeals, provided that a written request for an appeal, stating the order(s) being appealed and the basis for the appeal, is postmarked or received within 10 calendar days after the day the decision, notice or order was served. The Municipal Board of Appeals shall consider whether the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The Municipal Board of Appeals shall have the authority to take into account unusual hardship or practical difficulties in complying with the orders of the code official, or the requirements of the code, including the ability to grant extensions of time for compliance.

[Amended 12-10-2002]

B. Membership of the Board. Seven members shall be appointed by the Board of Directors to the Municipal Board of Appeals. Three members of this Board shall constitute a quorum to hear and decide any appeals. The initial appointees of Board members pursuant to this provision shall serve staggered terms. Thereafter, all appointments to this Board shall be for a term of three years.

[Amended 12-10-2002; 5-13-2003]

(1) Chairman. The Municipal Board of Appeals shall annually select one of its members to serve as Chairman.

(2) Disqualification of member. A member shall not hear an appeal in which that member has any personal, professional or financial interest.

(3) Secretary. The General Manager and his or her designee shall designate a qualified clerk to serve as Secretary to the Municipal Board of Appeals. The Secretary shall file a record of all proceedings in the office of the Town Clerk. The Secretary shall also assist the Board Chairman in providing notice to alternates when they are needed for a hearing.

C. Notice of meeting. The Municipal Board of Appeals shall meet upon notice from the Chairman, within 15 business days of the filing of an appeal, or at stated periodic meetings.

[Amended 12-10-2002]

D. Open hearing. All hearings before the Municipal Board of Appeals shall be open to the public. The appellant, the appellant's representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard.

(1) Procedure. The Municipal Board of Appeals shall adopt and make available to the public through the secretary and the code enforcement office procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.

(2) Determination of aggrievement. Upon receipt of an appeal from an owner or his representative, or approval of an appeal by a person other than the owner or his agent, the Municipal Board of Appeals shall first determine whether such person has a right to appeal.

E. Postponed hearing. When three members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

[Amended 12-10-2002]

F. Board decision. The Municipal Board of Appeals shall modify or reverse the decision of the code official, or grant an extension in the time period needed to come into compliance with the order, by a concurring vote of three members.

(1) Decision. The decision of the Municipal Board of Appeals shall be by vote. Copies of the Municipal Board of Appeals' decisions shall be furnished to the appellant and to the code official.

(2) Administration. The code official shall take immediate action in accordance with the decision of the Municipal Board of Appeals.

G. Court review. Any person who is aggrieved by any ruling of the Municipal Board of Appeals may appeal to the Superior Court for the judicial district where such building or structure or premises are located.