[HISTORY: Adopted by the Town Council of the Town of Wallingford 7-10-1984 by Ord. No. 323. Amendments noted where applicable.]
The intent of this chapter is to protect the public health, safety and welfare by eliminating physical conditions in or on buildings and structures which constitute nuisances and are thereby potentially dangerous or hazardous to the life, health or safety of persons on or near the premises where such conditions exist, as well as to prevent the creation, continuation, extension or aggravation of blight which affects the image and economic welfare of the community. This chapter provides for the designation of buildings or structures as hazardous and for procedures for the demolition of such buildings and structures.
As used in this chapter, the following terms shall have the meanings indicated:
- HAZARDOUS BUILDING
- Any building or structure which meets any or all of the following criteria:
- A. Unsanitary, constituting a hazard to health or safety because of inadequate maintenance, dilapidation, neglect or abandonment or because of a lack of proper sanitation or structurally unsafe or unsound or otherwise dangerous to persons or property; and/or
- B. Buildings or any part thereof which are in a dilapidated or filthy condition which may endanger the life or health of persons living in the vicinity, and/or which constitute a nuisance.
- A. Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of Connecticut, its governmental agencies or the ordinances of the Town of Wallingford.
- B. Any physical condition in or on any building or structure which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of the premises where such condition exists.
Compliance with this chapter shall not constitute a defense against any violation of any other ordinance of the Town of Wallingford applicable to any building or structure, nor shall any one act of compliance constitute a defense against any subsequent or other violation or this chapter.
Owners and operators of buildings and structures shall have all the duties, obligations and responsibilities prescribed in this chapter, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder nor be entitled to assert as a defense against any charge made against him/her/them for violation of this chapter the fact that another owner or operator or any other third person or entity is also responsible therefor and in violation thereof.
The Building Inspector of the Town of Wallingford, or his/her designated representative, is hereby designated as the officer charged with the enforcement of this chapter and is hereinafter referred to as the "enforcement officer."
The enforcement officer shall:
Determine if a certain building or structure appears to be a "hazardous building" as defined in § 90-2 above.
Upon determining that a building or structure may be hazardous, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said premises, as shown by the land records of the Town of Wallingford, to appear before him/her on the date specified in the notice to show cause why the building or structure alleged to be hazardous should not be repaired or demolished.
Hold a hearing and hear such testimony as the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as above provided, shall offer relative to the building or structure in question, as well as testimony of adjoining property owners and of the general public.
At such hearing, solicit the testimony, either written or oral, of appropriate town departments as to the condition of the building, which departments may include, but need not be limited to, the Department of Health, Fire Department, Police Department and/or Building Department.
Issue an order based upon the findings of fact made pursuant to Subsection B(5) above, commanding the owner, occupant, mortgagee, lessee, agent and/or other persons having an interest in the building to repair or demolish the building or structure found to be hazardous within 30 days, unless a lesser time period is warranted by emergency conditions.
Within 10 days after the order as referenced in § 90-4B(6) is served, the owner, operator, occupant or other party(ies) with an interest in such building or structure may appeal the order, in writing, to the Building Board of Appeals for its review of the order. The Building Board of Appeals shall conduct a hearing on such appeal within 10 days of its filing, and may either deny the appeal or modify, extend or otherwise alter the order.
If the owner, operator, occupant or other party(ies) fails to comply with the order provided for in § 990-4B(6), including such alterations as may result from the appeal process provided in § 90-5, the enforcement officer shall cause such building or structure to be repaired or demolished as the order may warrant and shall notify the Town Attorney's office of the costs of such repairs or demolition, which office shall cause the costs to be charged against the building or structure or the land on which the building or structure existed as a municipal lien, or as a benefit assessment, or to be recovered in a suit against the owner, said costs to include a processing fee of $50 payable to the Town of Wallingford.
The provisions of this chapter shall be supplemental to existing municipal ordinances dealing with housing and/or public health and shall not limit the provisions of other local, state or federal codes, regulations or statutes as they may apply. If any clause or provision of this chapter shall conflict with any clause or provision of any other ordinance or other local, state or federal code, regulation or statute, the more stringent provision shall apply.