[HISTORY: Adopted by the Town of Windsor Locks 9-14-2011. Amendments
noted where applicable.]
The purpose of this chapter is to define, prohibit and abate
blights and nuisances and to protect, preserve, and promote public
health, safety and welfare; and to preserve and protect property values.
This chapter shall apply uniformly to the maintenance of all
residential, nonresidential, and undeveloped premises now in existence
or hereafter constructed, maintained, or modified but shall exclude
agricultural lands as defined in Section 22-3(b) of the Connecticut
General Statutes; land dedicated as public or semi-public open space
or preserved in its natural state through conservation easements;
or areas designated as inland wetlands and watercourses.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
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 building, structure or parcel of land 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 or trash;
abandoned, inoperable or unregistered motor vehicles on the premises
in violation of Section 14-150a of the Connecticut General Statutes
(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 abutting premises
or block or interferes with the use of any public sidewalk and/or
private street or right-of-way or any road sign.
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.
Any Town-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.
No person, firm, corporation, or other legal entity 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
Town of Windsor Locks. Any exempt property, as defined in the preceding
section, shall not be considered a blighted premises and, therefore,
shall not be subject to the provisions hereof.
A.
The provisions in this chapter shall not be construed to prevent
the enforcement of other statutes, codes, ordinances or regulations
which prescribe standards other than are provided in this chapter.
B.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, fire, safety or health ordinance,
regulation or other code of the Town or state, the provision which
establishes the higher standard for the promotion and protection of
the health and safety and property values of the people shall prevail.
C.
This chapter shall not affect violations of any other ordinances,
codes or regulations existing prior to the effective date of this
chapter, and any such violations may be governed and continue to be
punishable under the provisions of those ordinances, codes, or regulations
in effect at the time the violation was committed.
The owner, lessee, or occupant of premises subject to this chapter,
including the agents thereof, shall be jointly and severally obligated
to comply with the provisions of this chapter. Whenever the person,
as herein defined, is a corporation or other legal entity, the officers
thereof shall be jointly and severally responsible with that corporation
or other legal entity.
A.
Complaints may be submitted to the First Selectman, or his designee(s),
by members of the public, but such complaints must be in writing and
signed on forms provided by the Town. In instances where a member
of the public may wish to remain anonymous, the First Selectman, or
his designee(s), may, in his or her sole discretion, serve as the
complainant and complete and sign said form.
B.
Whenever the First Selectman, or his designee(s), determines that
there has been a violation of any provision of this chapter, except
as to abandoned, inoperable or unregistered motor vehicles, such officer
shall give notice of such violation to the person responsible therefor,
as hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Set forth the violations of this chapter;
(3)
Specify a final date for the correction of any violation;
(4)
Be served upon the owner or the owner's agent, or the occupant
as the case may require; provided such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is posted in a conspicuous place in or about the dwelling
affected by this notice; or if such person is served with such notice
by any other method authorized or required under the laws of this
state;
(5)
Contain an outline of remedial action which, if taken, will affect
permanent compliance with the provisions of this chapter; and
(6)
State that the penalties and enforcement provisions of this chapter
will become effective on the final date set for the correction of
any violation.
C.
Whenever the First Selectman, or his designee(s), determines that there has been a violation of this chapter pertaining to abandoned, inoperable or unregistered motor vehicles, such officer shall give notice of such violation to the owner of the property on which such vehicle so remains in compliance with Subsection B, except that:
D.
Any person notified in accordance with this section who fails to correct any violation by the date specified in said notice shall be in violation of this chapter and subject to its penalties and enforcement procedures. Any person in violation of this chapter pertaining to abandoned, inoperable or unregistered motor vehicles shall be subject to the removal and disposition of such vehicle 30 days after notice of the alleged violation in accordance with Subsection C above.
Any person notified in accordance with § 236-7 above may appeal said notice of violation(s) to the Housing Code Appeals Board, in writing, within 10 days of the date of said notice. If an appeal is taken as aforesaid, the first day of violation shall be seven days after the decision of the Housing Code of Appeals or on such later date as established by the Housing Code of Appeals.
B.
Enforcement.
(1)
The First Selectman, his designee(s), or any police officer in the
Town of Windsor Locks is authorized to issue a citation or summons
for a violation of this chapter.
(2)
In addition thereto, the First Selectman, or his designee(s), is
authorized to initiate legal proceedings in the Superior Court for
the immediate correction of the violation(s), collection of any penalties,
and the recovery of all costs, including costs of remedial action(s)
authorized by the Court and reasonable attorney's fees incurred
by the Town of Windsor Locks to enforce this chapter.
C.
All fines, court costs, costs of remedial action, and attorney's
fees, as ordered by the court, shall constitute a lien on the subject
premises, provided the owner of said premises has been notified of
the violations as herein provided and was made a party to the enforcement
proceedings.
