[HISTORY: Adopted by the Board of Aldermen of the City of Derby 3-26-1998;
amended in its entirety 7-25-2002. Subsequent amendments noted where applicable.]
A.
This chapter is enacted pursuant to the Municipal Powers
Act of the Connecticut General Statutes, including Subparagraph (H)(xv) of
Subdivision (7) of Subsection (c) of Section 7-148 and Section
7-148aa.
B.
It is hereby found and declared that there exists within
the City of Derby a number of taxable and tax-exempt real properties containing
blighted buildings and conditions and that the continued existence of blighted
premises contributes to the decline of neighborhoods. It is further found
that the existence of such blighted premises adversely affects the economic
well being of the City and is inimical to the health, safety and welfare of
the residents of the City of Derby. It is further found that many of the blighted
premises can be rehabilitated, reconstructed, demolished or reused to provide
decent, safe, sanitary housing or commercial facilities, and that such rehabilitation,
reconstruction, demolition or reuse would eliminate, remedy and prevent the
adverse conditions described.
For the purposes of this chapter, the following words, terms and phrases
shall have the following meanings, unless the context clearly indicates otherwise:
Any building, structure or parcel of land, except exempt property
as defined below, in which at least one of the following conditions exists:
It is dilapidated or becoming dilapidated as documented by the Building
Official;
It is attracting illegal activity as documented by the Police Department;
It is a fire hazard as determined by the Fire Marshal or as documented
by the Fire Department;
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.
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
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.
Building Official, as defined in C.G.S. Section 29-260.
A person appointed by the Mayor to conduct the hearings authorized
by this chapter.
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.
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.
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.
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.
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.
A.
On or about the first of each month, all City department
heads shall report any real property they are aware of that appears to be
blighted to the Building Official. The Building Official shall conduct inspections
and prepare and update on a monthly basis a list of blighted premises. A copy
of the updated list shall be provided monthly to the Aldermanic Subcommittee.
B.
The Board of Aldermen shall approve, with or without
modifications, or disapprove a list of blighted premises which shall be updated
from time to time. No property owner shall be cited or fined for violation
of this chapter unless such owner’s property is on the list of blighted
premises approved by the Board of Aldermen.
A.
The Mayor shall appoint one or more citation hearing
officers to conduct the hearings authorized by this section.
B.
Once a blighted property is on the list of blighted properties
approved by the Board of Aldermen, the Building Official shall serve a notice
of citation on each owner of such blighted property by mailing a notice of
citation to the owner by certified mail, return receipt requested, to the
last known address of such owner or, in the case of an owner who cannot be
identified or one whose address is unknown, by publishing a copy of such notice
of citation in a daily or weekly newspaper having general circulation in the
City of Derby. The notice of citation (hereinafter “citation”)
shall state that the property is cited for violating this chapter, list the
specific violation or violations, set forth the specific amount of the daily
fine levied and state that such fine shall be levied from the date of the
citation for each day that any listed violation continues unless all violations
are corrected by a designated date, and state that, if the fine is uncontested,
it must be paid in full no later than 10 days from the expiration of the designated
deadline for correcting all the listed violations. The Building Official may
extend his initially designated deadline for correcting violations by mutual
agreement with the owner, provided that the extended deadline must be contained
in a writing signed by the owner and the Building Official, and further provided
that no date for correcting violations shall be more than 30 calendar days
from the date of the citation. For the purposes of this section, a facsimile
signature shall be deemed a signature.
C.
If all of the violations listed in the citation are not
corrected within the initial or extended designated period, as the case may
be, and the tine is not paid by the deadline for uncontested payment, then,
within 60 days from the expiration of the final period for the uncontested
payment of the fine for any citation issued under this section, the Building
Officer shall send written notice to the person cited. Such notice shall inform
the person cited:
(1)
Of the alleged violation(s) of this chapter that have
not been corrected and the amount of the fines due;
(2)
That he may contest his liability before a citation hearing
officer by delivering in person or by mail to the Building Official a written
demand for such a hearing within 10 days of the date of said notice;
(3)
That, if he does not timely demand such a hearing, an
assessment and judgment shall be entered against him; and
(4)
That such judgment may issue without further notice.
D.
If the property owner who was sent notice pursuant to
Subsection C of this section wishes to admit liability for any alleged violation,
he may, without requesting a hearing, pay the full amount of the fines admitted
to, in person or by mail to the Building Officer. Such payment shall be inadmissible
in any civil or criminal proceeding to establish the conduct of such person
or other person making the payment. Any owner served with a notice pursuant
to Subsection C of this section who does not deliver or mail written demand
for a hearing within 10 days of the date of said notice shall be deemed to
have admitted liability, and the Building Official shall certify to the hearing
officer such owner’s failure to demand a hearing. The hearing officer
shall thereupon enter and assess the fines provided for by this chapter and
shall follow the procedures set forth in Subsection F of this section.
E.
Any property owner 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
the notice of hearing, 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 citation issued
by the Building Official shall be filed and retained by the municipality and
shall be deemed to be a business record within the scope of Connecticut General
Statutes Section 51-180 and evidence of the facts contained therein. The presence
of the Building Official shall be required at the hearing if the owner so
requests. An owner wishing to contest liability shall appear at the hearing
in person or by counsel and may present evidence in his/its behalf. The Building
Official, or his designee, may present evidence on behalf of the municipality.
If the owner fails to appear in person or by counsel, the hearing officer
may enter an assessment by default against him upon a finding of proper notice
and liability under the applicable statutes and this chapter. The hearing
officer may accept from the owner copies of any 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/she
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. If he determines that the owner is not liable, the hearing
officer shall dismiss the matter and enter his/her determination in writing
accordingly. If the hearing officer determines that the owner is liable for
the violation(s), he shall forthwith enter and assess the fines against such
owner as provided by § 60-4 and as set forth in the citation.
F.
If such assessed fine is not paid on the date of its
entry, the hearing officer shall send, by first-class mail, a notice of the
assessment to the owner 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 within the boundaries of the judicial district in
which the municipality is located, 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 shall enter judgment,
in the amount of such record of assessment and court costs of $8, against
such person in favor of the municipality. Notwithstanding any other provision
of the General Statutes, the 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
General Statutes Section 52-259, in the superior court for the geographical
area in which the municipality is located, which shall entitle such owner
to a hearing in accordance with the rules of the judges of the Superior Court.
A.
Any unpaid fine imposed pursuant to the provisions of
this chapter 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 General Statutes for continuing,
recording and releasing property tax liens. Each such lien shall take precedence
over all other liens filed after July 1, 1997, and encumbrances, except taxes,
and may be enforced in the same manner as property tax liens. The fine shall
be retroactive to the date of service of the Building Official’s initial
notice of citation to the owner pursuant to Subsection B of § 60-6.
B.
All fines imposed for violations of this chapter shall
be deposited into a separate trust in agency account, which shall be a continuing
account, and shall be administered by the Board of Aldermen and used solely
for carrying out this chapter by acquiring and/or rehabilitating abandoned
and other blighted premises and payment of costs associated with the enforcement
and administration of this chapter.
C.
The Board of Aldermen may waive and release blight fines
and liens if the City of Derby acquires the property. If the blighted real
estate is purchased by a third-party buyer, the Board of Aldermen may also
waive and release part or all of the fines and liens at the time of the sale
of the blighted premises, if, in the Board’s opinion, the buyer has
the financial ability and intention to immediately rehabilitate the blighted
premises, or the Board may hold all penalties and liens until all rehabilitation
is completed to the satisfaction of the Building Official.
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.
