[HISTORY: Adopted by the Board of Selectmen
of the Town of Simsbury 5-26-1976. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All those items listed in Section 22a-248 of the Connecticut
General Statutes Revised to 1987, or as may be amended.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
commercial or industrial purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, and shall include any yard,
grounds, walk, driveway, parking area as defined in Connecticut Public
Act 75-448, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building or other structure.
The owner or person in control of any private
property shall at all times maintain said property free of litter.
The storage of litter in proper containers for collection shall not
be considered a violation of this chapter.
A.
The Town Manager or his authorized representative
is hereby authorized and empowered to notify the owner of any private
property within the town or the agent of such owner to dispose of
litter located on such owner's property which is unsightly or dangerous
to public health, safety or welfare. Said notice shall be by registered
or certified mail, return receipt requested, addressed to such owner
at the address shown on the last completed grand list or to his agent
at his last known address.
[Amended 7-12-2021]
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to dispose of litter unsightly or dangerous to public health, safety or welfare within five days after receipt of written notice provided for in Subsection A above, or within five days after the date of such notice in the event the same is returned by the United States Postal Service because of its inability to make delivery thereof, provided that the same was properly addressed to such owner or agent, the First Selectman or his authorized representative is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.
C.
Recorded statement constitutes lien. Upon completion
of such work, the First Selectman or his authorized representative
shall determine the reasonable cost thereof and bill the owner or
agent therefor. Upon failure of the owner or agent to remit to the
town the amount of such charge within 30 days from the date of such
notice shall cause to be recorded in the land records of the town
a sworn statement showing the cost and expense incurred for the work,
the date the work was done and the location of the property on which
said work was done. The recordation of such sworn statement shall
constitute a lien and privilege on the property and shall remain in
full force and effect for the amount due in principal and legal interest,
plus costs of court, if any, for collection, until final payment has
been made. Sworn statements recorded in accordance with the provisions
hereof shall be prima facie evidence that all legal formalities have
been complied with and that the work has been done properly and satisfactorily
and shall be full notice to every person concerned that the amount
of the statement, plus interest at the same rate as allowed for delinquent
town taxes, constitutes a charge against the property designated or
described in the statement and that the same is due and collectible
as provided by law. Said lien shall be of the same effect and may
be foreclosed in the same manner as a tax lien.
[Amended 1-8-1990]
A violation of any provision of this chapter
shall be an infraction as provided for in Connecticut General Statutes
Sections 51-164m and 51-164n. Pursuant to Connecticut General Statutes
Section 51-164p, any such violation shall be punishable by a fine
of not more than $90 for each offense. Each day that such offense
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
