[HISTORY: Adopted by the Board of Alderman of the City of Derby 4-23-1998.
Amendments noted where applicable.]
A.
This chapter is enacted pursuant to the Municipal Powers
Act of the Connecticut General Statutes [C.G.S. Section 7-148(c)(7)(H)].
B.
It is hereby found and declared that there exist within
the City of Derby taxable and tax-exempt real properties containing buildings
with multiple residential units, constructed or substantially reconstructed
more than 10 years ago.
C.
It is further found that not all of the residential units
in these buildings meet current housing and health code standards of the city
and state, resulting in conditions inimical to the health, safety and welfare
of the residents of the City of Derby.
D.
It is further found that periodic inspections of these
residential units encourage decent, safe and sanitary housing, thus reducing
property damage, personal injury and loss of life, and prevent the adverse
conditions described.
E.
The Board of Aldermen hereby adopts C.G.S. Section 47a-57,
as may be amended from time to time.
For this purposes of this chapter, the following words, terms and phrases
shall have the following meanings, unless the context clearly indicates otherwise:
All state, regional and local building, fire, zoning and health codes
and regulations.
Building official, as defined in C.G.S. Section 29-260.
The parties responsible for enforcing the applicable codes.
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, a bona fide lease
agreement, rent receipt or utility statement.
Physical improvements to the structure that increase the assessed
value of the structure by more than 50% percent as documented by building
permits on file.
The Building Official is charged with enforcement.
A.
Prior to any person, corporation or entity occupying
or offering for occupancy any building or portion of an apartment or dwelling
unit in any structure containing three or more housing units, after a vacancy,
an occupancy permit for the apartment or dwelling unit shall be obtained from
the Building Official.
B.
A permit is not required for any structure occupied by
the owner thereof and containing three or less housing units.
C.
A permit is not required for any structure which has
been constructed or substantially reconstructed within the ten-year period
immediately before the date such occupancy permit would otherwise be required
under this section.
The Board of Aldermen shall establish the permit fee and may periodically
change the amount at a duly noticed Aldermanic meeting. The initial permit
fee shall be $35 and shall entitle the owner to up to three permits for the
same apartment or dwelling unit within 12 consecutive months of paying the
fee.
The Building Official, along with all other appropriate enforcing agencies
of applicable codes, shall inspect the apartment or dwelling unit within 15
calendar days of the initial written application to the Building Department.
The Building Official and appropriate enforcing agencies shall make certain
that the building or portion thereof and its intended use conform to all applicable
codes.
The permit shall name the owner and the tenant or occupant and shall
be valid only for the tenant or occupant named at the time of issue.
A.
Provided no violations are found, the Building Official
shall issue an occupancy permit within five working days of the inspection.
B.
If violations are found, the Building Official shall
issue an occupancy permit within five working days after the violations have
been corrected, whether presumed because of the report by the owner or other
responsible person or verified by reinspection.
A.
If an apartment or dwelling unit requiring a permit is
occupied without a valid certificate of occupancy, the Building Official shall
notify the Board of Aldermen and the owner or responsible person in writing.
B.
Failure of the owner or responsible person to apply for
an inspection within 15 days of the date of the written notice shall result
in a fine of $15 a day, commencing 15 days after the date of the written notice.
A.
The appropriate enforcing agency shall issue a written
notice to any person who violates any provision of an applicable code. The
notice shall specify each violation and the last day to correct the violations.
The date to correct the violations shall not be less than three weeks from
the date of mailing of the notice, provided that in the case of a condition
which, in the judgment of the enforcing agency, is or in its effect is dangerous
or detrimental to life or health, the date specified shall not be more than
five days from the date of mailing such notice. The enforcing agency may postpone
the last day by which a violation shall be corrected upon a showing by the
owner or other responsible person that full correction of the violation has
begun, but cannot be completed within the time provided because of technical
difficulties, inability to obtain necessary materials or labor or inability
to gain access to the dwelling unit.
B.
Any person who fails to correct any violation prior to
the correction date in the notice shall be subject to a fine of $5 per day
per violation from the date set for correction to the date the violation is
corrected, except that the fine shall not exceed $500 per day nor shall the
total fine exceed $7,500. The fine shall be subject to collection as outlined
in the Connecticut General Statutes.
C.
When the owner or other responsible person has corrected
the violation, the owner or responsible person shall promptly, but not later
than two weeks after such correction, report to the enforcing agency in writing,
with a copy to the Building Official, indicating the date when each violation
was corrected. It shall be presumed that the violation was corrected on the
date indicated, unless a subsequent reinspection by the enforcing agency again
reveals the existence of the condition giving rise to the earlier notice of
violation.
D.
The Building Official shall maintain a written record
of all violations and the dates for correction. The Building Official shall
provide in a written monthly report to the Board of Aldermen a list of property
addresses having violations that were not corrected by the date specified,
regardless of whether the date was extended by the enforcing agency.
