[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 5-9-2001.
Amendments noted where applicable.]
A.
This chapter is enacted pursuant to the authority granted
to the Town of Orange under Connecticut Statutes 7-148 c(7).
B.
This chapter prohibits any owner, agent, tenant or person
in control of real property located in the Town of Orange from allowing, creating,
maintaining or causing to be created or maintained a blighted premise. The
ordinance also established penalties for violations of this chapter.
For the purpose of this chapter, the following words, terms and phrases
shall have the following meaning ascribed to them in this chapter:
Any building or structure or parcel of land where at least one of
the following conditions exists:
It has been determined by the Town Building Official, Director of Health,
Town Engineer, Sanitarian or Zoning Enforcement Officer, or other appropriate
official of the Town of Orange, acting within the scope of their authority,
that a condition exists that poses a serious or immediate threat to the health,
safety or general welfare of the community.
The Fire Marshal has determined that a building or structure is a fire
hazard.
The property is in a state of disrepair or is becoming dilapidated.
"State of disrepair" or "becoming dilapidated" shall mean in a physically
deteriorating condition causing unsafe or unsanitary conditions or a nuisance
to the general public and be evidenced by one or more of the following conditions:
Missing, broken or boarded up windows and doors.
Collapsing or missing walls or roof.
Seriously damaged or missing siding.
Unrepaired fire or water damage.
Rodent harborage and/or infestation.
Persistent garbage or trash on the property.
Abandoned motor vehicle on the premises unless properly permitted as
a junkyard.
Overgrown brush, shrubs and weeds.
Visible portions of the property characterized by significant unattended
bare dirt patches.
Parking lots left in a state of disrepair or abandonment.
The overall condition of the property causes an unreasonable impact
on the enjoyment of or value of neighboring properties as expressed by persistent
complaints from adjoining property owners.
No owner, agent, tenant or person in control of real property located
in the Town of Orange shall allow, maintain or cause to be maintained a blighted
premise.
A.
The Town of Orange, through its designated enforcement
officer, shall serve written notice to an owner, agent, tenant and/or person
responsible. The notice may be hand delivered or mailed by certified mail,
return receipt requested, to the last known address of the owner.
B.
Such notice shall state the violation(s) and demand their
abatement within 10 calendar days. If the owner fails to correct the violations,
the Town of Orange may issue an enforcement citation as specified in this
chapter.
The Zoning Enforcement Officer and/or other individuals designated by
the First Selectman are charged with the enforcement of this chapter. The
Enforcement Officer is hereby authorized to take such enforcement actions
as are specified in this chapter.
Violations of the provisions of this chapter shall be punishable by
a fine of $100 for each day a violation exists and continues.
If any violation remains unabated after 10 days, any police officer,
the Zoning Enforcement Officer, building officials, Fire Marshal or other
person authorized by the First Selectman is hereby authorized to issue a citation
to the violator in accordance with this chapter.
Any unpaid fine imposed shall constitute a lien upon the real estate
in accordance with Connecticut General Statutes 7-148aa. Each such lien shall
be continued, recorded and released as provided for in 7-148aa.
In the event any owner, agent, tenant or person in control of real property
shall fail to abate or correct any violation specified in any notice, after
the issuance of an enforcement citation for such failure, which citation has
become final through the failure of such owner, agent, tenant or person in
control of real property to appeal from the issuance of said citation, or
by such appeal being sustained, the Town of Orange, acting through its designated
enforcement officer, issuing such notice of violation, may cause or take such
action as is necessary to correct such violation. The cost to take such action
shall be a civil claim by the town against such owner, agent, tenant or person
responsible for such property, and the Town Attorney may bring an action to
recover all such costs and expenses incurred.
Any blighted premises for which a special permit or site plan application
for improvements to the blighted premises is pending shall be exempt from
the provisions of this chapter for a period of 90 days from the date of submittal
of a complete application to the Town Plan and Zoning Commission.
If enforcement citation fines levied in accordance with this chapter
are not paid within 30 days, despite proper notice to the person found liable,
the Zoning Enforcement Officer shall file a certified copy of the unpaid fines
with the Clerk of the Superior Court. Notice with the Clerk of the Superior
Court shall be filed within 12 months. The Clerk shall enter judgment in favor
of the Town of Orange. The judgment shall have the effect of a civil money
judgment, and a levy of execution of such judgment may issue without further
notice to such person.
A person against whom a judgment has been entered is entitled to judicial
review in accordance with the provisions of Connecticut General Statutes 7-152c.
This chapter shall take effect 21 days after publication in accordance with Section 3.4 of the Town Charter.
