[Amended 12-10-2002; 8-11-2009; 7-5-2016]
A.
Scope. The provisions of this chapter shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
B.
Responsibility. The owner of the premises shall maintain the structures and the owner and/or occupant shall maintain the exterior property in compliance with these requirements, except as otherwise provided for in §§ 242-19 and 242-20. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this chapter.
C.
Vacant structures and land. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety.
The following words and terms shall, for the purposes of this
article and as stated elsewhere in this code, have the meanings shown
herein:
That portion of a building which is partly or completely
below grade.
A mixture of decaying vegetable or organic matter consisting
of garden waste, leaves; grass clippings, wood chips and tree branches
under 1 1/2 inches in diameter.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
Any person living or sleeping in a building; or having possession
of a space within a building.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land, including any structures thereon.
Includes any of the following:
The physical condition or occupancy of any premises regarded
as a public nuisance at common law;
Any physical condition or occupancy of any premises or its appurtenances
considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, basements, excavations and unsafe
fences or structures;
Any premises that have unsanitary sewerage or plumbing facilities;
Any premises designated as unsafe for human habitation;
Any premises that are manifestly capable of being a fire hazard,
or are manifestly unsafe or unsecure so as to endanger life, limb
or property;
Any premises from which the plumbing, heating or facilities
required by this code have been removed, or from which utilities have
been disconnected, destroyed, removed or rendered ineffective, or
the required precautions against trespassers have not been provided;
Any premises that are unsanitary, or that are littered with
rubbish or garbage, or that have an uncontrolled growth of weeds;
or
Any structure that is in a state of dilapidation, deterioration
or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged by fire to the extent so as not to provide shelter; in danger
of collapse or failure; and dangerous to anyone on or near the premises.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
An open space on the same lot with a structure.
A.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
C.
Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas necessary for access from the public way into the premises shall be kept in a proper state of repair and maintained free from hazardous conditions. Stairs shall comply with the requirements of §§ 242-17J and 242-41C.
D.
Weeds. All premises and exterior property shall be maintained free from weeds in excess of 10 inches (254 mm). All noxious weeds shall be prohibited from areas of expected and authorized human presence. "Weeds" shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, however, this term (weeds) shall not include cultivated flowers and gardens. This section shall not apply to drainage detention basins approved by agencies of the Town; land held under a deed of restriction for conservation or designated as open space upon the records of the Office of the Assessor; land used for active farming for a period of greater than four months during the year; easements in favor of public utilities (including but not limited to electrical, gas, water, sewage, and storm drainage); watershed land owned by a public water supply company or division of government; nor to inland wetlands and watercourses regulated by the Manchester Inland Wetlands and Watercourses Commission. Parcels of land not otherwise exempted but consisting of areas in excess of two acres shall not be subject to this section, except that the 20 feet nearest a public street shall be subject to the provisions of this section. Rights-of-way within which a public street is located shall be maintained free of weeds only to the extent required by the Traffic Authority for the maintenance of adequate sight lines. When a vacant residential property is in violation of this subsection, a minimum of 14 days have passed since service of the initial notice of the violation and neither the owner nor any responsible person can be located, then, upon the recommendation of the Property Maintenance Enforcement Committee, the Town or its agents may remediate the violation at the Town's expense, which expense may be recovered by the Town in a civil action against the owner. The Town shall have a lien against the property for such recovery. The remedies provided in this subsection shall be in addition to those permitted by §§ 242-6 and 242-7.
E.
Rat harborage. All structures and exterior property shall be kept
free from rat infestation. Where rats are found, they shall be promptly
exterminated by approved processes which will not be injurious to
human health. After extermination, proper precautions shall be taken
to prevent reinfestation.
F.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
G.
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
H.
Motor vehicles.
(1)
Except as provided for in other regulations, not more than one currently
unregistered motor vehicle shall be parked, kept or stored on any
premises, and no vehicle shall at any time be in a state of major
disassembly, disrepair, or in the process of being stripped or dismantled.
(2)
Exceptions:
(a)
A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or enclosed area designed and approved for such purposes.
(b)
Unregistered vehicles displayed on business premises licensed
by the Connecticut Department of Motor Vehicles as new or used car
dealers or automobile repair facilities.
(c)
Vehicles or equipment used in construction, road maintenance,
utility maintenance, municipal maintenance or by the United States
Postal Service which are unregistered or undergoing active repair,
provided that the area is contained within an eight-foot opaque fence
or plantings of similar height so as to screen and minimize the view
from a public street or land not owned by the operator of the facility
upon which such vehicles and equipment are stored or being repaired.
A.
General. The exterior of a structure shall be maintained in good
repair, free of blight, structurally sound and sanitary so as not
to pose a threat to the public health, safety or welfare.
B.
Exterior painting. All wood and metal surfaces, including but not
limited to window frames, doors, door frames, cornices, porches and
trim, shall be maintained in good condition. Peeling, flaking and
chipped paint in excess of 25% of the painted surfaces of the building
shall be eliminated and surfaces repainted. Notwithstanding this provision
of the code, all applicable federal and state regulations pertaining
to lead paint issues shall govern in the event of a conflict.
C.
Street numbers. All street numbers shall be installed as required in Chapter 137, Buildings, Numbering of, of the Manchester Town Code.
D.
Structural members. All structural members shall be maintained free
from deterioration and shall be capable of safely supporting the imposed
dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained plumb,
structurally sound and free from open cracks and breaks and shall
be kept in such condition so as to prevent the entry of rats.
F.
Exterior walls. All exterior walls shall be free from holes, breaks,
loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
G.
Roofs and drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
H.
Decorative features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
I.
Overhang extensions. All canopies, marquees, signs, metal awnings,
fire escapes, standpipes, exhaust ducts and similar overhang extensions
shall be maintained in good repair and be properly anchored so as
to be kept in a sound condition. When required, all exposed surfaces
of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
J.
Stairs and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 242-41C.
K.
Stairways, decks, porches and balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
L.
Chimneys and towers. All chimneys, cooling towers, smoke stacks,
and similar appurtenances shall be maintained structurally safe and
sound, and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
M.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
N.
Window and door frames. Every window, door and frame shall be kept
in sound condition, good repair and weather tight.
O.
Insect screens.
(1)
During the period from March 1 to November 30, every door, window
and other outside opening utilized or required for ventilation purposes
serving any residential structure containing habitable rooms, food
preparation areas, food service areas, or any areas where products
to be included or utilized in food for human consumption are processed
shall be supplied with approved tightly fitting screens of not less
than 16 mesh per inch, and every swinging door shall have a self-closing
device in good working condition.
(2)
Exception: Screen doors shall not be required where other approved
means, such as air curtains or insect-repellent fans, are employed.
P.
Doors. All exterior doors and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units and rooming units
shall tightly secure the door.
Q.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rats, rain and surface drainage water.
R.
Guards for basement windows. Every basement window that is openable
shall be supplied with ratproof shields, storm windows or other approved
protection against the entry of rats.
A.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Every occupant shall keep that part of the structure which
such occupant occupies or controls in a clean and sanitary condition.
Every owner of a structure containing a rooming house, a dormitory,
two or more dwelling units or two or more nonresidential occupancies
shall maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
B.
Structural members. All structural members shall be maintained structurally
sound and be capable of supporting the imposed loads.
C.
Interior surfaces. All interior surfaces, including windows and doors,
shall be maintained in good, clean and sanitary condition. Peeling
paint, cracked or loose plaster, decayed wood, and other defective
surface conditions shall be corrected.
D.
Lead-based paint. Interior and exterior painted surfaces of dwellings
and child- and day-care facilities, including fences and outbuildings,
which contain lead levels equal to or greater than 1.0 milligram per
square centimeter or in excess of 0.50% lead by weight shall be maintained
in a condition free from peeling, chipping and flaking paint or removed
or covered in an approved manner. Any surface to be covered shall
first be identified by approved warnings as to the lead content of
such surface. The code official will attach a lead hazard warning
to all repair orders for target dwellings whenever these conditions
are not maintained.
(1)
Violations. Violations concerning lead-based paint shall be directed
to the Director of Health for compliance with state and federal regulations.
(2)
Deteriorated condition of painted surfaces. If a child under six
years of age resides in the property and there exist deteriorated,
flaking or loose paint conditions, the code official will collect
a dust wipe sample when applicable. The sample will be sent to the
Director of Health along with a report of conditions. If the dust
sample test results exceed safe conditions as determined by the Director
of Health based upon state and federal standards, the Director of
Health shall order the lead hazard conditions to be abated.
E.
Stairs and railings. All interior stairs and railings shall be maintained
in sound condition and good repair.
F.
Stairs and walking surfaces. Every stair, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of § 242-41C.
G.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
A.
Accumulation of rubbish or garbage. All exterior property and premises
and the interior of every structure shall be free from any accumulation
of rubbish or garbage.
B.
Disposal of rubbish. Every occupant of a structure shall dispose
of all rubbish in a clean and sanitary manner by placing such rubbish
in containers normally utilized for such purpose in accordance with
prevailing industry standards.
(1)
Rubbish storage facilities. Tenants shall be responsible for the
supplying of rubbish containers for all one- to four-unit dwellings.
The owners shall be responsible for supplying rubbish containers for
buildings with five or more dwelling units.
C.
Disposal of garbage. Every occupant of a dwelling shall store and
dispose of any materials which might provide food for insects and/or
rodents in a clean, safe and sanitary manner. All garbage cans and
refuse containers shall be ratproof, insectproof, watertight, structurally
strong to withstand handling stress, and 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 liners, but shall not
be used without the container for on-site storage of garbage or refuse;
provided, however, the code official may approve the use of plastic
bags in circumstances which are found to be ratproof, insectproof
and at all times in a clean and sanitary condition. All bulk storage
containers shall be equipped with self-closing lids.
(1)
Garbage facilities. Every owner of a dwelling containing five or
more dwelling units shall supply facilities or refuse containers for
the clean, safe and sanitary storage and/or disposal of garbage and/or
refuse. The total capacity of all provided garbage and/or refuse containers
shall be sufficient to meet the needs of the occupants of the dwelling.
In the case of dwellings containing four units or less, it shall be
the responsibility of each occupant to furnish such facilities or
containers.
D.
Recycling. Containers and materials used in conjunction with an approved waste recovery (recycling) program shall be provided in accordance with such program. The presence of such materials and containers shall not constitute a violation of other provisions of this § 242-19. Tenants shall be responsible for supplying approved recycling containers for all one- to four-unit dwellings. Owners shall be responsible for supplying approved recycling containers for buildings with five or more dwelling units.
E.
Compost. Compost must be kept in an enclosure or bin not to exceed
a footprint of 150 square feet or be more than 4 1/2 feet tall,
and located to the rear of the dwelling.
A.
Infestation. All structures shall be kept free from insect and rat
infestation. All structures in which insects or rats are found shall
be promptly exterminated by approved processes that will not be injurious
to human health. After extermination, proper precautions shall be
taken to prevent reinfestation.
B.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
C.
Single occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
D.
Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupants shall be responsible for extermination.
E.
Occupant.
(1)
The occupant of any structure shall be responsible for the continued
rat-free, insect-free condition of the structure, and if the occupant
fails to maintain the rat-free, insect-free condition, the cost of
extermination shall be the responsibility of the occupant.
(2)
Exception: Where rat infestations are caused by defects in the structure,
the owner shall be responsible for extermination.
(3)
Referral to Director of Health. When deemed by a competent professional
that the infestation has been found to be infectious, the matter will
be referred to the Director of Health for appropriate action.
A.
General. No person shall operate a rooming house or tenement unit
or shall occupy or let to another for occupancy any tenement unit
or rooming unit in any dwelling which is not in compliance with the
appropriate provisions of every section of this code. No owner or
other person shall occupy or let to another for occupancy any rooming
unit or tenement unit unless it complies with all applicable requirements
of the Town of Manchester.
B.
Licensing requirements. No person shall operate a rooming house or
tenement unit unless he holds a current, unrevoked rooming house or
tenement unit license issued by the code official in the name of the
operator and for the specific dwelling. The operator shall apply to
the code official for such license, which shall be issued by the code
official upon compliance by the operator with the applicable provisions
of this code and of any procedural rules and regulations adopted pursuant
thereto. This license shall be displayed in a conspicuous place within
the dwelling at all times. Every person holding such a license shall
give notice in writing to the code official within 24 hours after
having sold, transferred, given away or otherwise disposed of ownership
of, interest in or control of any rooming house or tenement unit.
Such notice shall include the name and address of the person succeeding
to the ownership or control of such rooming house or tenement unit.
The new owner or operator must apply for transfer of the rooming house
or tenement unit license within 48 hours of receiving ownership or
control of the rooming house or tenement unit. Every rooming house
or tenement unit license shall expire at the end of one year following
its date of issuance, unless sooner suspended or revoked as hereinafter
provided, and may be reissued for successive periods of not to exceed
one year.
C.
Issuance or renewal of license. No operating license shall be issued
or renewed unless the applicant, owner or operator agrees in his application
to such inspection as the code official may require to determine whether
the rooming house or tenement unit in connection with such license
is sought is in compliance with the applicable provisions and with
applicable procedural rules and regulations adopted pursuant thereto.
D.
Temporary license. No such license shall be issued unless the rooming
house or tenement unit in connection with which the license is sought
is found after inspection to meet all applicable requirements and
applicable procedural rules and regulations adopted pursuant thereto;
except that a temporary license may be issued for a period not to
exceed 60 days whenever an unmet requirement does not present a serious
or immediate hazard to the health, safety and welfare of the occupants
and when in the opinion of the code official the temporary license
is in harmony with the general purpose and intent of this code.
E.
Denial of license. Any person whose application for a license to operate a rooming house or tenement unit has been denied may request in writing and shall be granted a hearing on the matter before the Municipal Board of Appeals pursuant to § 242-11 of this code.
F.
Owner's maintenance. The operator of every rooming house or
tenement unit shall maintain in a clean, safe and sanitary condition
the shared and/or public areas of the rooming house and premises thereof.
G.
Occupant's maintenance. The occupant of every rooming unit or
tenement unit shall maintain in a clean, safe and sanitary condition
that part or those parts of the rooming house, rooming unit or tenement
unit and premises thereof that he occupies and controls, except that
whenever the operator agrees as part of the letting for occupancy
to provide cleaning or maintenance services, the operator shall provide
these services and the occupant shall allow the operator or his agent
to enter at reasonable times the areas which the occupant occupies
and controls for the purpose of providing these services.
H.
Bathroom and toilet rooms. At least one flush water closet, lavatory
basin and bathtub or shower shall be supplied for the exclusive use
of each two tenement units. At least one flush water closet, lavatory
basin and bathtub or shower, properly connected to a water and sewer
system approved by the appropriate authority and in good working condition,
shall be supplied for each five persons or fraction thereof residing
within a rooming house, including members of the operator's family
whenever they share the use of said facilities, provided:
(1)
Flush urinals: That 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 flush water closets, and provided that there shall
be at least one flush water closet.
(2)
Toilet room location: That 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 for a rooming house such facilities are not located
more than one floor above or below the rooming unit served and for
a tenement unit such facilities are located on the same floor as the
tenement unit served.
(3)
Water temperature: That every lavatory basin and bathtub or shower
shall be supplied with adequate heated and unheated water under pressure
at all times.
(4)
Location: That if a rooming house has only one bathroom for use by
the occupants of the rooming units, said facilities shall not be located
below grade.
I.
Habitable rooms. Every rooming unit and tenement unit shall comply
with all the requirements of this code pertaining to a habitable room.
In addition, every window in every rooming unit shall be supplied
with shades, drapes or other device or material which, when properly
used, will afford privacy to the occupant of the rooming unit.
J.
Space requirements. Every rooming house and tenement unit shall comply
with the following minimum space requirements:
(1)
Minimum floor area. In each tenement unit there shall be at least
one room containing not less than 120 square feet of floor area.
(2)
Calculation of floor space. There shall be at least 100 square feet
of floor area for each occupant thereof. The floor space shall be
calculated on the basis of total habitable room area.
(3)
Area for sleeping purposes. Every room occupied for sleeping purposes
by one person shall contain at least 70 square feet of floor area,
and every room occupied for sleeping purposes by more than one person
shall contain at least 50 square feet of floor area for each occupant
thereof.
(4)
Shared or public areas. Whenever a rooming unit contains less than
100 square feet of floor area for each occupant thereof, there shall
be sufficient shared or public area available to provide a total of
100 square feet for the use of each occupant of the rooming unit.
The floor space shall be calculated on the basis of habitable room
area only.
K.
Rooming house. The following provisions shall apply in all rooming
houses:
(1)
Cooking prohibited. Cooking in rooming units is prohibited.
(2)
Communal cooking and dining facilities. Communal cooking and dining
facilities in a rooming house must be approved by the code official
in writing.
(3)
Food service and dining facilities. All food service and dining facilities
provided for the occupants shall comply with the State of Connecticut
Public Health Code.
(4)
Privacy locks. Access doors to rooming units shall have operating
locks to ensure privacy.
(5)
Bed linens and towels. Unless exempted by the code official in writing,
the operator shall supply and change bed linen and towels therein
at least once a week and prior to the letting of any room to any occupancy.
The operator shall be responsible for the maintenance of all supplied
bedding in a clean and sanitary manner.
L.
Access to egress. Every rooming or tenement 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, ordinances and regulations of the Town of Manchester
and the State of Connecticut.
M.
Handrails and guards. Structurally sound handrails shall be provided
on any steps containing four risers or more. Porches, patios and/or
balconies located more than 30 inches higher than the adjacent areas
shall have structurally sound protective guard or handrails.
N.
Arrangement. Access to or egress from each rooming or tenement unit
shall be provided without passing through any other rooming unit or
tenement unit.
O.
Inspection for license. Whenever, upon inspection of a licensed rooming
house or tenement unit, the code official finds that conditions or
practices exist which are in violation of the provisions of this code
or any applicable procedural rules and regulations adopted pursuant
thereto, the code official shall serve the owner or operator with
notice of such violation in the manner provided in this code. Such
notice shall state that, unless the violations cited are corrected
within a specified reasonable time period, the operating license may
be suspended.
P.
Reinspection for license. At the end of the time allowed for correction
of any violation cited, the code official shall reinspect the rooming
house or tenement unit and, if such conditions have not been corrected,
an order suspending the operating license may be issued.
Q.
Appeal of suspended license. Any person whose license to operate a rooming house or tenement unit has been suspended shall be entitled to an appeal to the Municipal Board of Appeals pursuant to § 242-11 of this code. If no request for appeal reaches the code official within 21 days following 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 showing that the violation or violations cited in the notice have been corrected.
R.
Inspections for reinstatement of license. If, upon reinspection,
the code official finds that the rooming house or tenement unit in
connection with which the notice was issued is now in compliance with
this code and with the applicable procedural rules and regulations
adopted pursuant thereto, the code official shall reinstate the license.
A request for reinspection shall not extend the suspension period,
unless the code official grants such an extension.
