[HISTORY: Adopted by the Board of Aldermen of the City of Derby 9-23-1976 as Ch. 17 of the Charter and Revised Ordinances. Amendments noted where applicable.]
[Added 11-21-2002][1]
A. 
The City of Derby hereby adopts the International Property Maintenance Code, 2000 Edition, as amended thereafter, to govern the maintenance of existing buildings and structures and to serve as the Property Maintenance Code of the City of Derby. Each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter.
B. 
The following sections of the International Property Maintenance Code, 2000 Edition, as amended, are hereby revised:
(1) 
Section 101.1: Insert “City of Derby” as the name of the jurisdiction.
(2) 
Section 103.6: Insert “Fee schedule, if any, as established by the Naugatuck Valley Health District.”
(3) 
Section 106.3: Delete: the word “misdemeanor” and insert the word “infraction.”
(4) 
Section 106.4: Insert “For each such violation there shall be a fine of $100.”
(5) 
Section 303.14: Insert “May 1 to October 1.”
(6) 
Sections 602.3 and 602.4: Such provisions are modified to require the provision of heat to a temperature of not less than 65° F. at all times.
(7) 
Section 111 is hereby deleted in its entirety.
[1]
Editor's Note: This ordinance also repealed former § 102-1, Definitions, and all other ordinances in conflict with the International Property Maintenance Code.
[Added 11-21-2002]
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, on any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance repealed; nor shall any legal right or remedy of any character be lost, impaired or affected by this chapter.
[Added 11-21-2002]
A. 
Application for appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.
B. 
Membership of Board. The Board of Appeals shall consist of the Derby Zoning Board of Appeals. The Code Official shall be an ex-officio member but shall have no vote on any matter before the Board.
C. 
Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
D. 
Notice of meeting. The Board shall meet upon notice from the Chairman, within 20 days of the filing of an appeal, or at stated periodic meetings.
E. 
Open hearing. All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than 2/3 of the Board membership.
F. 
Board decision. The Board shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of the total number of appointed Board members.
G. 
Court review. Any person, whether or not a previous party to the appeal, shall have the right to apply to the appropriate court to correct errors of law.
H. 
Stays of enforcement. Appeals of notice and orders (other than imminent dangers notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.
[Amended 1-21-1982]
There shall be a Health and Housing Code Enforcement Officer whose duty shall be to enforce this chapter and to carry out the provisions of this chapter and state statutes, as applicable.
[Amended 1-21-1982]
The Mayor is authorized to appoint the Health Officer, subject to the approval of the Board of Aldermen.
[Amended 1-21-1982]
The salary of the Health Officer shall be as set out in § 32-38.[1]
[1]
Editor's Note: Former §§ 102-5 through 102-27, regarding various housing standards and requirements, were repealed 11-21-2002 upon adoption of the International Property Maintenance Code. See § 102-1.