[HISTORY: Adopted by the Board of Selectmen
of the Town of Simsbury 10-11-2006. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority
granted to the Town of Simsbury under Connecticut General Statutes
Section 7-148(c)(7)(H)(xv). The Board of Selectmen 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 Selectmen also finds that buildings and structures within
the Town of Simsbury should not be allowed to become blighted or unsafe
or to remain in such a condition.
No owner or other person having lawful possession or control of a building or other structure within the Town of Simsbury shall permit the building or structure to become blighted or unsafe, as defined in § 123-3 below, or to remain in a blighted or unsafe condition.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
Any building or structure, or any part of a structure that
is a separate unit, any parcel of land, any lot of land, or any building
under construction for which a building permit has been issued for
more than 24 months without receiving a certificate of occupancy and
in which at least one of the following conditions exists:
The Blight Prevention Officer determines that
existing conditions pose a serious threat to the health and safety
of persons in the Town.
The premises is not being maintained and contributes
to housing decay, as evidenced by the existence of one or more of
the following conditions:
Missing or boarded windows or doors;
Collapsing or missing walls, roof or floor;
Exterior walls which contain holes, breaks,
loose or rotting materials or which are not properly surface coated
to prevent deterioration;
Foundation walls which contain open cracks and
breaks;
Overhang extensions, including but not limited
to canopies, marquees, signs, awnings, stairways, fire escapes, standpipes
and exhaust ducts which contain rust or other decay;
Chimneys and similar appurtenances which are
in a state of disrepair;
Insect screens which contain tears or ragged
edges;
Vermin infestation;
Garbage, trash, abandoned vehicles, watercraft
or trailers of any kind on the premises (unless the premises is a
junkyard licensed by the State of Connecticut);
Overgrown grass or weeds at least one foot in
height; or
Graffiti.
Illegal activities are conducted at the premises,
as documented in Police Department records.
It is a fire hazard as determined by the Fire
Marshal or as documented in Fire District records.
It is a factor creating a substantial and unreasonable
interference with the use and enjoyment of other premises within the
surrounding area as documented by neighborhood complaints, police
reports, or the cancellation of insurance on proximate properties.
Such individual as is designated by the Town Manager to act
as the Blight Prevention Officer.
[Amended 7-12-2021]
An edifice of any kind or any piece of work artificially
built or composed of parts joined together in some form which is built
or constructed on any real property. The words "building" and "structure"
shall be construed as if followed by the words "or part thereof."
Accessory buildings or structures, canopy, awnings, marquees, and
each and every type of portable equipment shall be considered "buildings"
or "structures" within the meaning of this definition.
Any individual(s) appointed by the Town Manager to conduct
hearings authorized by the Simsbury Code of Ordinances.
[Amended 7-12-2021]
Occupancy in accordance with state building, state fire,
local zoning, local housing and all other pertinent codes.
An area of the Town comprised of all premises or parcels
of land any part of which is within a radius of 1,000 feet of any
part of another parcel or lot within the Town.
Any person, firm, institution, partnership, corporation,
foundation, entity or authority who or which holds title to real property
or any mortgage or other secured or equitable interest in such property,
as appears in the Simsbury land records.
Any premises or parcel of land or part thereof within 1,000
feet of a blighted premises.
A continuous period of 60 days or longer during which a building
or structure or part thereof is not legally occupied by human beings.
A parcel of land with no structure(s) thereon.
A.
The Blight Prevention Officer is granted the authority
necessary to enforce the provisions of this chapter. 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
of fines, filing liens, designating a building or structure as blighted
or unsafe, ordering the demolition of unsafe buildings or structures,
and initiating legal actions.
B.
Any unpaid fine imposed shall constitute a lien upon
the real estate in accordance with Connecticut General Statutes Section
7-148aa. Each such lien shall be continued, recorded and released
as provided for in Section 7-148aa.
A.
The Blight Prevention 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 Prevention Officer deems relevant.
B.
Any building or structure that has been determined
by the Blight Prevention Officer to be blighted or unsafe shall be
so designated by the Blight Prevention Officer.
A.
Issuance of notice; contents.
(1)
Upon designating a building or structure as blighted
or unsafe, the Blight Prevention Officer 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;
(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 order before
one or more citation hearing officers appointed by the Board of Selectmen
(the "Hearing Officer").
(2)
In the event that the relevant building or structure
or portion of a building or structure is known by the Blight Prevention
Officer to be occupied by or under the legal control or possession
of a person or persons other than the owner, the Blight Prevention
Officer may direct a similar notice and order to any such person or
persons whom the Blight Prevention 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.
B.
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 Prevention Officer for an extension of the repair period. The Blight Prevention 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.
C.
If the blighted or unsafe building or structure is not repaired to the satisfaction of the Blight Prevention Officer, or demolished, by the conclusion of the sixty-day repair period and any extensions thereof granted by the Blight Prevention Officer, the Blight Prevention Officer shall issue a citation and impose a fine of not more than $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.
D.
Failure to pay fine.
(1)
Upon the expiration of the fifteen-day period for the uncontested payment of fines under Subsection C, the Blight Prevention Officer shall send notice to the person cited under Subsection C. 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.
(2)
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.
E.
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 Prevention Officer shall set
written notice, by certified mail, of the date, time and place for
the hearing. Such hearing shall be held 15 to 30 days from the date
of the mailing of the notice of such hearing.
F.
The Hearing Officer shall conduct the hearing in the
form and with the methods of proof as he or she 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.
G.
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, he or she shall enter
the determination, in writing, accordingly, and assess the relevant
fines, penalties, costs or fees that are provided for in this chapter.
H.
Any fine which is unpaid 30 days after it is imposed
shall constitute a lien upon the real estate agent against which the
fine was imposed from the original date of imposition.
[Amended 11-13-2013]
A.
Pursuant
to Connecticut General Statutes § 7-148ff, 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 Simsbury,
acting through its Blight Prevention Officer, may cause or take such
action as is necessary to correct such violation. Such Blight Prevention
Officer, or his or her agent, may enter the property during reasonable
hours for the purpose of remediating blighted conditions, provided
such officer or agent shall not enter any dwelling, house or other
structure. The cost to take such action shall be subject to a lien
against the real property of the owner pursuant to Connecticut General
Statutes § 49-73b and 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 Simsbury to recover all costs, expenses and fees, including
attorney’s fees, incurred by the Town relating to the violation.
B.
The Blight
Prevention Officer shall give notice of the determination that the
right of entry is authorized. Notice shall be sent by certified mail,
return receipt requested, to the last known address of the property
owner. Said notice shall give the property owner no less than 10 days
from the date of the notice to remedy the blighted condition prior
to the exercise of the right of entry.
C.
As set
forth in Connecticut General Statutes § 7-148ff, there is
a board established consisting of the Blight Prevention Officer, the
Finance Director and the Tax Assessor to determine when the exercise
of the right of entry for a particular property is authorized under
this section.
