[HISTORY: Adopted by the Town Council of
the Town of Stratford as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: This ordinance was reconsidered and approved
by the Town Council 9-8-2008. Ordinance No. 08-04 also superseded
former Ch. 161, Property Maintenance, adopted 10-13-1992, as amended.
A.
It is found and declared that there exists within the Town of Stratford
a number of real properties which contain vacant or occupied blighted
buildings, and/or properties and/or occupied vacant parcels that are
poorly maintained, and that the existence of such poorly maintained
properties and/or vacant or occupied parcels, and/or vacant and/or
occupied blighted buildings contributes to the decline of neighborhoods.
It is further found that the existence of poorly maintained properties
and/or vacant or occupied parcels, vacant or occupied blighted buildings
adversely affects the economic well-being of the Town and is inimical
to the health, safety and welfare of the residents of the Town. It
is further found that many of the vacant or occupied blighted buildings
can be rehabilitated, reconstructed or reused so as to provide decent,
safe and sanitary housing and ancillary commercial facilities, and
that such rehabilitation, reconstruction and reuse would eliminate,
remedy and prevent the adverse conditions described. It is further
found that the abatement of the blight of poorly maintained properties
and/or vacant or occupied parcels is a benefit to the health, safety
and welfare of the residents of the Town.
B.
Therefore, this article is adopted pursuant to Sections 7-148(c)(7)(H)(xv),
7-148aa, and 7-148gg of the Connecticut General Statutes and other
applicable law.
For the purposes of this article, the following words and terms
shall have the meanings respectively ascribed as follows:
The removal, painting over or other obscuring of graffiti
from view as directed by a notice to remove.
Any detached improvement not designated as part of the main
residence or structure.
[Added 4-14-2014 by Ord. No. 14-06]
Any building or structure, or any portion of a building or
structure that is a separate unit, regardless of whether the same
are vacant or occupied, or any accessory structure or fence, and/or
any vacant parcel of land, in which at least one of the following
conditions exist:
[Amended 4-14-2014 by Ord. No. 14-06]
It is determined by the Town that existing conditions pose a
serious or immediate danger to the health, safety or welfare of any
person.
The property is not being maintained so that it reflects a reasonable
level of maintenance in keeping with the standards of the community
and not constituting a blighting factor for adjoining property owners,
or an element leading to the progressive deterioration of the neighborhood.
The property is becoming dilapidated and is a factor that is
materially depreciating property values in the neighborhood.
The following factors may be considered in determining whether
a building or any structure on the property is not being maintained:
missing, broken or boarded windows or doors; a collapsing or missing
wall, roof, floor, stairs, porch, railings, basement hatchways, chimneys,
gutters or awnings; siding that is seriously damaged, missing, faded
or peeling; fire damages; a foundation that is structurally faulty;
or that the outside of the property is not being maintained in accordance
with the standards set forth in this chapter. Vacant buildings must
be boarded up as required by the Building Code. In addition, for any
building that is vacant for more than two months, the plywood used
to board up the openings must be painted in a color to match the building.
The exterior and areas exposed to public view of all commercial,
industrial and residential properties are not being kept free from
deterioration and/or are not in a good state of repair. Maintenance
of the outside of the property shall include, without limitation,
the following:
All surfaces shall be maintained free of broken glass, crumbling
stone or brick or other conditions reflective of deterioration or
inadequate maintenance.
The property shall be kept litter free. Garbage or trash shall
not be improperly stored or accumulated on the premises.
The maintenance and appearance of the grounds and yards of premises
shall be such that they reflect the level of upkeep of surrounding
premises and properties. This shall include, but not be limited to,
grass that has been allowed to go to seed or grown to a height of
more than eight inches, severely overgrown bushes and trees, dead
trees, or any vegetation of any nature which encroaches on streets,
sidewalks, or any other part of the public domain.
There shall be no graffiti on any buildings or structures.
The property is a fire hazard as documented by the Fire Department.
The property is attracting illegal activity as documented by
the Police Department.
Rat infestations as documented by the Health Department.
Abandoned vehicles and/or abandoned boats on the property.
Storage requirements. All equipment or other materials stored
on the property must be free from rust and in good working order.
Abandoned appliances, automobile parts, discarded household items
and piles of rotten lumber are prohibited from being stored on the
property. Equipment and material stored outside shall be stacked and/or
arranged in an orderly fashion in a location providing reasonable
screening from neighbors and adjoining streets.
The position as established within the Zoning Department
of the Town.
The position as established in Chapter 6 of the Stratford Town Code.
The position as established in Chapter 6 of the Stratford Town Code.
A building or structure in a state of disrepair or ruin as
a result of age or neglect.
[Amended 4-14-2014 by Ord. No. 14-06]
The Town Health Director or his/her designee, the Town Housing
Code Enforcement Officer or his/her designee, the Blight Enforcement
Officer, or any Town employee who has statutory authority to enter
onto private property for the purpose of inspecting said property,
and is appointed by the Mayor to issue fines for violations of this
article.
The defacing, damaging, or destroying by spraying of paint
or marking of ink, dye or other similar substances on public or private
buildings, structures, facilities, natural features, and places.
Occupancy that is legal by virtue of compliance with state
building, state fire safety, local zoning and housing codes and all
other pertinent codes, which habitation must be substantiated by a
bona fide lease agreement, a rent receipt or a utility statement.
An area of the Town comprised of all premises or parcels
of land, any part of which is within a radius of 800 feet of any part
of another parcel or lot within the Town.
Any space within a building that is or can be rented by or
to a single person, household or entity for his/her or its sole use,
and is intended to be a distinct space.
A period of 60 days or longer during which a building or
a portion thereof is not legally occupied.
A parcel of land with no structures thereon.
Any owner of real property in the Town shall not cause or allow
blighted premises, as defined in this article, to be created, nor
shall any owner allow the continued existence of such blighted premises.
[Added 2-13-2018 by Ord. No. 18-02]
The position as established within the Town, Blight Enforcement
Officer, shall serve as assigned by the Mayor.
A.
The Blight Enforcement Officer shall receive complaints of properties
alleged to constitute blighted premises and shall inspect same. The
Blight Enforcement Officer may cause regular inspections of certain
of the blighted premises to be referred to an Enforcement Officer
for the purpose of documenting continuous blight and, additionally,
may cause to be imposed a penalty of not more than $100 per violation
for each day that a blighted premises, as defined in this article,
or part thereof, is in violation of this article. Each day a blighted
premises, as defined in this article, or part thereof, is in violation
of this article shall constitute a separate offense. The Blight Enforcement
Officer shall cause the imposition of said penalty by notifying the
owner as provided below and forwarding a copy of such notice to the
Citation Clerk.
B.
The Town may authorize designated agents, including, without limitation,
members of the Public Works Department, to enter the blighted premises
during reasonable hours for the purpose of remediating the blighted
conditions, provided that such agent(s) shall not enter any dwelling
house or other structure so existing on a blighted premises. The Town
shall then assess the cost for such remediation upon the owner or
operator of the blighted premises.
A.
The written notice of citation shall include:
(1)
A description of the condition(s) that cause the premises to be considered
a blighted premises.
(2)
A statement of a definite number of days from the date of the notice
of citation by which the condition(s) causing the premises to be considered
a blighted premises must be remediated.
(3)
A statement of the penalties for noncompliance, as set forth in this
article.
B.
At any time within 12 months from the expiration of the final period
for the uncontested payment of any fines, penalties, costs or fees
for any citation issued under this article for an alleged violation
thereof, notice shall be sent to the person cited. Such notice shall
inform the person cited:
(1)
Of the allegations against him and the amount of the fines, penalties,
costs or fees due;
(2)
That he may contest his liability before a Citation Hearing Officer
by delivering, in person or by mail, written notice within 10 days
of the date thereof, to the Citation Clerk in care of the Town Attorney's
office at Town Hall;
(3)
That if he does not demand such a hearing, an assessment and judgment
shall be entered against him; and
(4)
That such judgment may issue without further notice.
C.
If the person who is sent notice pursuant to Subsection B of this section wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to the Citation Clerk. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in Subsection B of this section shall be deemed to have admitted liability, and the Citation Clerk shall certify such person's failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in Connecticut General Statutes § 7-152c(f).
D.
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 Citation 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
notice of citation and any subsequent notices issued by the Enforcement
Officer shall be filed and retained by the Town, and shall be deemed
to be a business record within the scope of Section 52-180 and evidence
of the facts contained therein. The presence of the Enforcement Officer
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. The Town Attorney or an Assistant
Town Attorney shall represent the Town of Stratford at the citation
hearing. If such person fails to appear, the Citation 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 Citation 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 Citation 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 Citation Hearing Officer shall
announce his decision at the end of the hearing. 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 this article.
E.
Any unpaid fine imposed pursuant to the provisions of this chapter
regulating blight shall constitute a lien upon the real estate against
which the fine was imposed from the date of such fine. Each such lien
may be continued, recorded and released in the manner provided by
the Connecticut General Statutes for continuing, recording and releasing
property tax liens. Each such lien shall take precedence over all
other liens filed after the effective date of this article and encumbrances,
except taxes, and may be enforced in the same manner as property tax
liens.
F.
If such assessment is not paid on the date of its entry, the Citation
Hearing Officer shall send by first class mail a notice of the assessment
to the person found liable and shall file, not less than 30 days nor
more than 12 months after such mailing, a certified copy of the notice
of assessment with the Clerk of a Superior Court facility designated
by the Chief Court Administrator together with an entry fee of $8.
The certified copy of the notice of assessment shall constitute a
record of assessment. Within such twelve-month period, assessments
against the same person may be accrued and filed as one record of
assessment. The Clerk of the Superior Court shall enter judgment,
in the amount of such record of assessment and court costs of $8,
against such person in favor of the Town. Notwithstanding any provision
of the General Statutes, the Citation Hearing Officer's assessment,
when so entered as a judgment, shall have the effect of a civil money
judgment and a levy of execution on such judgment may issue without
further notice to such person.
G.
A person against whom an assessment has been entered pursuant to
this section is entitled to judicial review by way of appeal. An appeal
shall be instituted within 30 days of the mailing of notice of such
assessment by filing a petition to reopen assessment, together with
an entry fee in an amount equal to the entry fee for a small claims
case pursuant to § 52-259, at a Superior Court facility
designated by the Chief Court Administrator, which shall entitle such
person to a hearing in accordance with the rules of the judges of
the Superior Court.
