[2-6-2023]
The purpose of this chapter is to define, prohibit and abate
blight to protect the public health, safety, and welfare of the Town,
promote the remediation of blighted premises, and have the ability
to address situations where blighted premises have a demonstrated
impact on property values. This chapter is adopted in accordance with
the provisions of Section 7-148(c)(7)(H)(xv) of the Connecticut General
Statutes, as amended.
[2-6-2023]
(a)
This chapter shall apply to the maintenance, use and occupancy of
all premises, unless specifically excluded herein, now in existence
or hereafter constructed, maintained, or modified and shall include:
(b)
The following premises or structures are exempt from this chapter:
(1)
Land and associated structures used for agriculture, excluding
any dwelling unit, accessory structures to a dwelling unit and those
grounds immediately surrounding the dwelling that are related to the
dwelling unit;
(2)
A barn built at least 75 years ago.
(3)
Public or semipublic open space and conservation areas preserved
in their natural state.
[2-6-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling with no lawful inhabitants which reasonably appears
to be unprotected and permanently left by its owner. Factors which
support a finding of abandonment include, but are not limited to,
nonpayment of taxes, nonpayment of mortgage, deteriorating condition
of dwelling, interior infestation by vermin, wildlife or feral animals,
or disconnection of utilities servicing the dwelling.
An inoperable or unregistered motor vehicle, where "inoperable"
means the vehicle is incapable of being legally operated on public
roads without major work or modifications and/or cannot be driven
under its own power. "Major work or modifications" includes (but is
not limited to) the need to have all the tires on the vehicle and
said tires to be properly inflated; the need to have all doors on
the vehicle (including the hood and trunk lids); as well as the need
to have all windows intact and unbroken.
The cultivation of the soil, dairying, forestry, raising or
harvesting any agricultural commodity, including the raising, shearing,
feeding, caring for, training and management of livestock, including
horses, bees, the production of honey, poultry, fur-bearing animals
and wildlife, and the raising or harvesting of oysters, clams, mussels,
other molluscan shellfish or fish;
The operation, management, conservation, improvement or maintenance
of a farm and its buildings, tools and equipment, or salvaging timber
or cleared land of brush or other debris left by a storm, as an incident
to such farming operations;
The production or harvesting of maple syrup or maple sugar,
or any agricultural commodity, including lumber, as an incident to
ordinary farming operations or the harvesting of mushrooms, the hatching
of poultry, or the construction, operation or maintenance of ditches,
canals, reservoirs or waterways used exclusively for farming purposes;
Handling, planting, drying, packing, packaging, processing,
freezing, grading, storing or delivering to storage or to market,
or to a carrier for transportation to market, or for direct sale any
agricultural or horticultural commodity as an incident to ordinary
farming operations or, in the case of fruits and vegetables, as an
incident to the preparation of such fruits or vegetables for market
or for direct sale.
A detached, accessory structure that was at one time constructed
for and may be used for or maintained for agricultural purposes which
has not been converted to a nonagricultural use.
An individual or individuals appointed by the First Selectman
or his or her designee to enforce the provisions of this chapter and
issue citations. Per Connecticut General Statutes Section 7-152c,
this individual is separate from and independent of the Citation Hearing
Officer who will preside over the individual hearings as they arise.
Any building or structure or parcel of land subject to this
chapter in which at least one of the following conditions exists:
Collapsing or collapsed exterior wall of a structure;
Collapsing or collapsed roof on a structure;
Remains of a structure damaged by fire or casualty which is
exposed to elements and no longer serves the purpose for which it
was constructed;
Accumulations, exposure, deposit, or burial of any foul, decayed,
putrid or offensive substances;
Outside storage of debris, including, but not limited to, cans,
boxes, scrap metal, containers, trash, tires, appliances, and similar
debris, which is visible from a public way or public view, and in
an amount that exceeds what is reasonably customary for a dwelling
unit, for more than 60 days;
One or more abandoned vehicles on the premises for more than
180 days and visible from the public way or public view;
An abandoned or vacant building that is unsecured from unauthorized
entry; or
Other condition which poses a serious threat to the safety,
health, and general welfare of the community as determined by the
Health Department, Fire Marshal or Building Official.
Any building or structure in which at least three of the following
conditions are visible from a public way or public view:
Two or more missing windows or doors;
Two or more boarded windows or doors;
Rotted or missing siding;
Collapsing stairs, porch, or deck;
Collapsing handrail or railing;
Overhang or roof extension, including awning, patio cover or
carport cover, that is significantly deteriorated to the point it
is disintegrating or can no longer perform its intended function;
Is attracting illegal activities as documented in police records.
The following shall not be construed as "blighted premises"
unless posing a serious threat to the safety, health, and general
welfare of the community as determined by the Health Department, Fire
Marshal or Building Official:
Unmowed lawn or overgrown vegetation;
Dead, diseased, or damaged tree;
Fence that is dilapidated or has broken or rotted boards;
Driveway in a state of disrepair; or
Cosmetic issues, including, but not limited to, peeling paint,
torn or ragged window screen, or missing or damaged gutters.
The Citation Hearing Officer appointed pursuant to Connecticut
General Statutes Section 7-152c.
Material incapable of immediately performing the function
for which it is designated, including, but not limited to, abandoned,
discarded or unused objects; incomplete equipment such as machinery,
boats, recreational vehicles, or motor homes, regardless of whether
they constitute an abandoned vehicle under this chapter, and trailers
which are missing parts, not complete in appearance and in an obvious
state of disrepair; parts of automobiles, furniture, appliances, cans,
boxes, scrap metal, tires, batteries, containers, and garbage which
are in the public view.
A wasting or wearing away; a gradual decline in strength,
soundness, or quality; to become decomposed or rotten as evidenced
by the lack of maintenance, including, but not limited to, the following
conditions: missing or boarded windows or doors, collapsing or missing
walls or roofs, seriously damaged or missing siding or gutters, or
structurally faulty foundation.
Decayed or rotten beyond repair.
Areas where grass, weeds, and brush exist in their natural,
unlandscaped state.
Areas where trees and brush exist in their natural, unlandscaped
state.
Any person, firm, institution, partnership, corporation,
foundation, entity, or authority who or which holds title to real
property.
Premises within the legal limits of any street or road, owned
and maintained by the Town.
Visible from any public right-of way or neighboring property.
Any building, dwelling, fence, swimming pool, or similarly
constructed object.
A continuous period of 180 days or longer during which a
dwelling unit is not occupied by human beings.
[2-6-2023]
(b)
Whenever the blight enforcement officer determines that there has
been a violation of any provision of this chapter, such official may
give an informal 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, and/or the occupant, as the circumstances
warrant; provided such notice shall be deemed to be properly served
upon such owner, or 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
effect permanent compliance with the provisions of this chapter.
(c)
Nothing in this chapter shall prevent the blight enforcement officer
from making initial contact with the owner of blighted premises prior
to sending a notice of violation to discuss the issue, enforcement
process or other matters related to the complaint against the premises.
(d)
Time frame for compliance.
(1)
Owners shall correct the violation within 60 days of receipt
of the notice of violation.
(2)
An extension of the 60 days may be granted if the owner begins
work within the 60 days, has submitted a schedule for completion of
the work, and such schedule is satisfactory to the blight enforcement
officer. Except as set forth in the following Subsection (d)(3), the
violation must be corrected within a maximum time frame of 120 days
from receipt of the notice of violation.
(3)
With respect to properties which have been acquired by the Town
of Durham through tax sale or tax foreclosure, the Town may be granted
one or more extensions up to a maximum of 365 days during which to
correct a violation, recognizing Town policies, procedures and ordinances
and Charter requirements which must be followed in order to appropriate
funds and enter into contracts to address blighted conditions or other
disposition of Town-owned properties.
(4)
If the violation presents an imminent health or safety hazard,
as determined by the Building Official, Fire Marshal, or Health Department,
then the violation shall be corrected immediately.
(f)
In addition to all other remedies and any civil penalties/fine, special
assessments or lien imposed herein, the provisions of this chapter
may be enforced by injunctive proceedings in the superior court. The
Town may recover from such owner/occupier any and all costs and fees,
including reasonable attorneys' fees, expended by the Town in
enforcing the provisions of this chapter.
[2-6-2023]
Citations for violations of this chapter may be issued by the blight enforcement officer in an amount not to exceed $50 per violation per day. The blight enforcement officer shall issue citations as a citation officer in accordance with the procedures of § 1-12 of the Code of Ordinances of the Town of Durham
[2-6-2023]
(a)
The provisions of this chapter shall not be construed to prevent
the enforcement of other statutes, codes, ordinances, or regulations
which prescribe standards other than those 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, firesafety 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 shall prevail.
