[HISTORY: Adopted by the Town Meeting of the Town of Colchester 7-9-1968.
Amendments noted where applicable.]
Whereas, in the Town of Colchester, there are or may in the future be
buildings or structures which are dilapidated, unsafe, dangerous, unsanitary,
a menace to the health, morals, safety and general welfare of the public,
and which might tend to constitute a fire menace, and which are a public nuisance.
All buildings or structures which have any or all of the following defects
shall be deemed dangerous buildings:
A.
Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the public.
B.
Those which have become or are so deteriorated, dilapidated,
decayed, unsafe, unsanitary or which are likely to cause sickness or disease,
so as to work injury to the health, morals, safety or general welfare of those
living there or the general public.
C.
Those having parts thereof which are so attached that
they may fall and injure members of the public or property.
D.
Those which because of their condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the people
of the town.
Upon receipt of information from the local Fire Marshal or from any other authentic source that any building in the Town of Colchester has become a dangerous building as defined in § 30-2 hereof, the Town Building Official shall immediately make an inspection of said building for the purpose of determining whether any conditions exist which render such place a dangerous building as defined in § 30-2 of this chapter.
Wherever the Building Official in making an inspection as provided in the proceeding section shall find that any standards set forth in § 30-1 of this chapter, he or she shall order said dangerous building to be repaired or demolished.
The Building Official shall cause such order to be put in writing and
personally served upon the owner by the Building Official or by any indifferent
person by delivering to such owner a true and attested copy thereof or by
leaving same at his or her usual place of abode; provided, however, that when
such owner or agent by registered mail. If there is any regular occupant of
the building other than the owner, service shall be made upon such occupant
of the building by leaving a true and attested copy of such order in the hands
of said occupant or at the main entrance of said building. The person serving
such order shall certify upon the original order the date of the service and
how and upon whom it was made, and if service is made by an indifferent person,
he or she shall return the original order to the Building Official.
The owner or occupant of the premises or the owner's authorized
agent in charge thereof may within 10 days after the service of an order,
as provided in the proceeding section, request a hearing upon such order before
the Board of Selectmen of the Town of Colchester. The Board shall conduct
such hearings, after due notice to such owner and the Building Official of
the time and place thereof, and shall review such order and may affirm, repeal
or modify it. The Board shall render its decision upon such order within seven
days from the date of the hearing.
Any person upon whom such an order has been served as provided in § 30-5 hereof shall comply with such order within 10 days after service thereof or if a hearing is requested within 10 days after the Board of Selectmen has rendered its decision upon such hearing; provided, however, that for a good cause shown the Board may extend the time for complying with such order for a period not exceeding 90 days.
If the owner, the owner's agent in charge of the premises or the occupant fails to comply with the order provided for in § 30-3 hereof, the Selectmen shall cause such building or structure to be repaired or demolished as the facts may warrant.
The Tax Collector shall collect from the property owner designated by
the Building Official the total amount of the costs of such repair or demolition,
plus a penalty with 6%. Such costs may be recovered in an action at law against
the be a lien upon the premises in connection owner, and sale with which it
was incurred and such lien shall exist from the date of commencement of the
repairs or demolition. Such lien shall expire one year after the date on which
it commences to run unless a certificate thereof containing a statement of
the amount of such lien and a description of the premises upon which it is
claimed shall be signed and lodged for record by the First Selectman and the
town Tax Collector in the office of the Town Clerk before the expiration of
such period.
The owner of any dangerous building who shall fail to comply with any
order to repair or demolish said building or structure shall, upon conviction
thereof, be subject to a fine not exceeding $100 for each offense. Each day
during which such failure to comply continues beyond the date fixed for compliance
shall constitute separate offense.
