[Adopted 5-14-2013 by Ord. No. 588]
For the purposes of this article, the following words, terms
and phrases shall have the following meanings:
ABANDONED
Generally, the intentional relinquishment of a property and/or
control thereof. Abandonment is based upon the given facts of a particular
case and may include an act or omission of an act. A property unoccupied
and left unprotected, exposed and/or deteriorating may be found to
be abandoned.
BLIGHTED
Deteriorating, in a state of ill repair, filth or decay.
As further defined in this article.
BUILDING or STRUCTURE
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" or "structure"
shall be construed as if followed by the words "or part(s) thereof."
Accessory buildings or structures, canopies, awnings, permanent signs,
marquees, and each and every type of portable equipment shall be considered
"building" or "structures" within the meaning of this definition.
GARBAGE
Any rotting vegetable and animal wastes, excluding sewage
and body waste, but shall not include properly maintained compost.
LITTER
Any discarded substance or waste material that is thrown
or scattered about, such as but not limited to any tobacco or cigarette
product, paper, plastic, bottle or part thereof or similar.
REAL PROPERTY OR PREMISES
A.
Any dwelling or dwelling unit, including one-family, two-family
and multiple-family dwellings, whether vacant or occupied;
B.
Any lot, plot or parcel of land, whether vacant or occupied;
C.
Any building of nondwelling use, including commercial properties,
whether vacant or occupied;
D.
Any mixed-use, commercial and residential building, whether
vacant or occupied;
E.
Any accessory structure accessory to any building, whether vacant
or occupied; and
F.
Any apartments, boardinghouses, group homes, lodging homes,
rooming houses, tenement houses or dormitories, or other similar buildings,
whether vacant or occupied.
RUBBISH
Nonrotting combustible and noncombustible waste, such as
but not limited to paper, cardboard, wood, metal, glass, bedding,
furniture, refrigerators, demolition material or similar items.
STATE OF DISREPAIR or BECOMING DILAPIDATED
In a physically deteriorating condition which, if left unabated, would cause an unsafe or unsanitary condition or a nuisance to the general public which may be evidenced by one or more of the conditions set forth in §
156-3 of this article.
YARD
An open parcel of land on the same lot with a principal building,
extending along a property line or street line and inward to the principal
building.
No owner or occupant of any real property shall permit, cause,
keep, maintain, or create a blighted premises. Any building, accessory
structure or parcel of land, including single-family, multifamily
residential or commercial, whether occupied or vacant, in which at
least one of the following conditions exists is a blighted premises:
A. The condition of the premises poses a serious or immediate danger
to the health, safety or general welfare of the community;
B. One or more of the following conditions exist as determined by the
Building Department:
(1) Multiple missing, broken windows or doors or abandoned boarded structures;
(2) Collapsing, missing or damaged walls, floors or roofs; dilapidated
chimney;
(3) Seriously damaged or missing siding or the building is otherwise
dilapidated;
(4) Structurally faulty foundation or walls which contain substantial
open cracks or breaks;
(5) Accessory structures not structurally sound or in good state of repair;
(6) Neglectful exterior property maintenance or abandonment resulting
in deterioration of the property and/or having an adverse effect on
the neighborhood, including but not limited to graffiti; accumulation
of rubbish, litter, severely unkempt/out of control brush/weeds on
any land abutting a paved public street (agricultural land exempted);
(7) Incomplete residential exterior construction, renovation or repairs,
which remain incomplete for a year following the issuance of a building
permit;
(8) Any parking lots where a major portion of which is left in a state
of substantial disrepair (numerous potholes, broken asphalt, etc.);
(9) Outside storage/accumulation of junk, materials, boxes, paper, plastics,
metals and/or refuse of any kind. Accumulation/excessive collection
of a large number of possessions, including items having little value
or of little usefulness. Clutter of items that impede or prevent movement
around the property and/or prevent the outside of the property from
being used for its intended purpose.
C. One or more of the following conditions exist, as determined by the
Health Department:
(1) Unsanitary conditions, including rodent harborage or infestation
caused by improper storage or accumulation of garbage, trash, and/or
litter or any other cause;
(2) Stagnant water in artificial pools or ponds or discarded tires or
other objects capable of maintaining stagnant water;
(3) Infestation by rodents or other pests.
D. The following condition exists as determined by the Police Department:
(1) Any building, structure or parcel of land attracting criminal activity
as documented by police authority. The Police Department must make
a determination that the condition of the property contributes to
the criminal activity occurring on said property.
(2) Abandoned, inoperable or unregistered motor vehicle.
[Added 11-12-2019 by Ord. No. 632]
(a) Any abandoned, inoperable or unregistered motor vehicle on any property
within the Town unless:
[1] The keeping or storage of abandoned, inoperable or unregistered motor
vehicles on property is permitted by law and the owner is in compliance
with such law.
[2] The keeping or storage of abandoned, inoperable or unregistered motor
vehicles is in an enclosed building.
(b) Each such abandoned, inoperable or unregistered motor vehicle on
such property shall constitute a separate violation of this chapter.
(c) In addition to the procedure set forth herein, the Chief of Police,
or his/her designee, may remove any abandoned, inoperable or unregistered
motor vehicle within the Town limits in accordance with Connecticut
General Statutes § 14-150, § 14-150a, as amended, or otherwise
enforce applicable law.
E. The following conditions exist, as determined by the Fire Marshal:
(1) Any premises or structure that is deemed a fire hazard as documented
by the Fire Marshal.
Any person may contest the citation for violation(s) of this
article as per Connecticut General Statutes § 7-152c, as
amended, and as provided herein.
A. The Mayor shall appoint one or more Citation Hearing Officers other
than an employee from any of the departments with responsibility as
a Code Enforcement Official, who shall serve until a successor is
appointed.
B. The person aggrieved may contest his liability by delivering in person
or by mail a completed citation appeals form to the Town Clerk's
office, Town Hall, Room 108, 45 South Main Street, Wallingford, CT.
Citation appeals must be received within 10 calendars days of the
date of the issuance of the citation.
C. The hearing shall be conducted in accordance with the procedure set
forth in Connecticut General Statutes § 7-152c, as amended:
(1) Any
person who requests a hearing shall be given written notice of the
date, time and place for the hearing. Such hearing shall be held not
less than 15 days nor more than 30 days from the date of the mailing
of notice, provided the hearing officer shall grant upon good cause
shown any reasonable request by any interested party for postponement
or continuance. An original or certified copy of the initial notice
of violation issued by the issuing official or policeman shall be
filed and retained by the municipality, and shall be deemed to be
a business record within the scope of § 52-180 and evidence
of the facts contained therein. The presence of the issuing official
or policeman shall be required at the hearing if such person so requests.
A person wishing to contest his liability shall appear at the hearing
and may present evidence in his behalf. A designated municipal official,
other than the hearing officer, may present evidence on behalf of
the municipality. If such person fails to appear, the hearing officer
may enter an assessment by default against him upon a finding of proper
notice and liability under the applicable statutes or ordinances.
The hearing officer may accept from such person copies of police reports,
investigatory and citation reports, and other official documents by
mail and may determine thereby that the appearance of such person
is unnecessary. The hearing officer shall conduct the hearing in the
order and form and with such methods of proof as he deems fair and
appropriate. The rules regarding the admissibility of evidence shall
not be strictly applied, but all testimony shall be given under oath
or affirmation. The hearing officer shall announce his decision at
the end of the hearing (which may be continued for reasonable cause
or in order to inspect the property). If he determines that the person
is not liable, he shall dismiss the matter and enter his determination
in writing accordingly. If he determines that the person is liable
for the violation, he shall forthwith enter and assess the fines,
penalties, costs or fees against such person as provided by the applicable
ordinances of the municipality.
D. The failure to pay the citation may result in the entry of a judgment
by the Superior Court in accordance with Connecticut General Statutes
§ 7-152c(f), as amended.
E. Nothing herein shall prevent any Town official from pursuing any
other remedies, including injunctive relief or a referral to the State's
Attorney's office for enforcement.
Any unpaid civil penalty 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 Connecticut General Statutes § 7-148aa.
Any person who, after written notice and a reasonable opportunity
to remediate blighted conditions, willfully violates this article
with respect to housing blight, adopted pursuant to Connecticut General
Statutes § 7-148(c)(7)(H)(xv), as amended, shall be fined
by the State of Connecticut not more than $250 for each day for which
it can be shown, based on actual daily inspections, that the blighted
conditions continued to exist after written notice to the owner or
occupant and the expiration of a reasonable opportunity to remediate.
The provisions of this article shall be supplemental to existing
municipal ordinances dealing with building/housing and/or public health
or safety and shall not limit the provisions of other local, state,
or federal codes, regulations or statutes. Further, if any portion
of this article is deemed unenforceable, the remaining provisions
shall be in full force and effect.