For the purposes of this chapter, the following words, terms and phrases
shall have the following meanings, unless the context clearly indicates otherwise:
BLIGHTED PREMISES
Any building, structure or parcel of land, except exempt property
as defined below, in which at least one of the following conditions exists:
A.
It is dilapidated or becoming dilapidated as documented by the Building
Official;
B.
It is attracting illegal activity as documented by the Police Department;
C.
It is a fire hazard as determined by the Fire Marshal or as documented
by the Fire Department;
D.
It is determined by the Building Official or by Health Department reports
that the condition of the building, structure or parcel of land poses a serious
or immediate danger to the safety, health or general welfare of the community.
E.
It is not being maintained. The following factors may be considered
in determining whether a structure or building is not being adequately maintained:
missing or boarded windows or doors; collapsing or missing walls, roof or
floors; seriously damaged or missing siding; a structurally faulty foundation;
garbage, trash or abandoned/unregistered cars on the premises (unless the
premises is a junkyard legally licensed by the State of Connecticut); overgrown
grass or weeds of at least one foot in length; graffiti; and fire damage;
or
F.
It is a factor creating a substantial and unreasonable interference
with the reasonable and lawful use and enjoyment of other space within the
neighborhood as documented by neighborhood complaints, or cancellation of
insurance on adjacent properties.
DILAPIDATED
Any building or structure or part thereof that would not qualify
for a certificate of use and occupancy or which is deemed an unsafe structure,
and any dwelling or unit which is designated as unfit for human habitation
as defined in the State Basic Building Code or the Code of the City of Derby.
EXEMPT PROPERTY
Any City-owned property; and any building or structure undergoing
remodeling, restoration, repair or renovation, provided that the blighted
condition will be corrected thereby and that the period thereof does not exceed
six consecutive months.
LEGAL OCCUPANCY
Occupancy that is legal by virtue of compliance with the State Building
Code, State Fire Safety Code, local zoning, local housing and all other pertinent
codes, and which habitation shall be substantiated by a deed, bona tide lease
agreement, rent receipt or utility statement.
NEIGHBORHOOD
An area of the City comprised of 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 City.
VACANT
A period of 60 days or longer during which a building or structure
subject to this chapter is not legally occupied.
No person, firm or corporation shall cause or allow any blighted premises,
as defined in the preceding section, to be created or continued on any real
property located within the City of Derby.
The Building Official is charged with enforcing this chapter. The Building
Official shall undertake regular inspections of blighted premises for the
purpose of documenting continuing blight. The Building Official shall impose
a fine of not less than $10 nor more than $100 for each day that a building,
structure or any part thereof or a parcel of land violates this chapter. The
fine shall be retroactive to the date that the Building Official serves the
notice of citation to the owner. Each day that the building or structure or
the parcel of land is in violation of this chapter shall constitute a separate
offense. The Building Official shall impose fines for blight by serving a
notice of citation on the owner in accordance with §
60-6B and shall
notify the Aldermanic Subcommittee of the citation and amount of the fine
imposed.
If the owner fails to rehabilitate or demolish the blighted premises,
and fails to respond to the initial citation of blight served in accordance
with Subsection B of §
60-6, falls to respond to a notice served
in accordance with Subsection C of §
60-6, fails to appear at a
duly noticed bearing before a hearing officer, or fails to pay the assessed
fine, the Building Official shall so report on a monthly basis to the Aldermanic
Subcommittee. Upon the recommendation of the Aldermanic Subcommittee, the
Board of Aldermen may vote whether to:
A. Take the necessary steps to acquire blighted premises
which have been certified by the Building Official to be abandoned pursuant
to the Urban Homesteading Act, Connecticut General Statutes Sections 8-169o
through 8-169w, as may be amended from time to time.
B. Take the necessary steps to acquire and rehabilitate
the blighted premises in accordance with any Comprehensive Plan of Development
for the City.
C. Take the necessary steps to acquire blighted premises,
provided that there are funds available, using such other state or federal
funding sources, if any, as may be available.