[HISTORY: Adopted by the Board of Selectmen
of the Town of Woodbridge 2-19-2003, effective 3-21-2003 (Ch. 6, Art. VIII, of the 1983 Code); amended 9-10-2003, effective 10-10-2003. Subsequent
amendments noted where applicable.]
This chapter is adopted pursuant to the authority
granted to the Town of Woodbridge under C.G.S. § 7-148(c)(7)(H)(xv).
This chapter prohibits any owner, agent, tenant or person in control
of real property (hereinafter collectively and/or singularly referred
to as the "owner") located in the Town of Woodbridge from allowing,
creating, maintaining or causing to be created or maintained any blighted
premises. The chapter also establishes penalties for violation of
this chapter.
For the purposes of this chapter, the following
words, terms, and phrases shall have the following meanings ascribed
to them in this chapter:
Any building or structure or any parcel of land in which
at least one of the following conditions exists:
[Amended 1-8-2020, effective 2-22-2020]
It is determined by the Building Official, Zoning
Enforcement Officer, or other official designated by the Town, acting
within the scope of such official's authority, that the building,
structure, or parcel of land is in a condition that poses a serious
threat to the safety, health and/or general welfare of the community;
It is attracting illegal activity as documented
by Police Department reports;
It is a fire hazard as determined by the Fire
Marshal or Deputy Fire Marshal or documented by the Fire Department;
It is not being maintained or is becoming dilapidated
as evidenced by existence of one or more of the following conditions:
Missing, broken or boarded-up windows or doors.
Collapsing or missing walls, roof or floor.
Structurally faulty foundation.
Seriously damaged or missing siding.
Unrepaired fire or water damage.
Rodent harborage and/or infestation.
Persistent garbage or trash.
Abandoned motor vehicle situated on the premises
unless the premises is a junkyard legally licensed in the State of
Connecticut.
Parking lots left in a state of disrepair or
abandonment.
Violation of provisions regarding outside storage
under Zoning Regulations for the Town of Woodbridge.
Grounds and yards that fail to meet the level of maintenance
of surrounding premises and properties, and/or is an element leading
to the progressive deterioration of the neighborhood (examples shall
include planted lawn grass in excess of 14 inches in height that remains
uncut for a period of 30 days or longer, severely overgrown weeds,
bushes, dead fallen trees, unstacked wood, rubbish, and deteriorated
equipment or materials). Property maintained in its natural or wooded
state, garden, and ornamental plantings shall be exempt from this
provision.
The Building Official as defined in Connecticut General Statutes
§ 29-260.
A person that can be reasonably expected to perform maintenance
and yard work around a property or premises. This shall include children
above 16 years of age without physical or mental disability as defined
under the Americans With Disabilities Act.
[Amended 10-14-2009, effective 11-13-2009]
A building or structure or part thereof that would not qualify
for a certificate of occupancy if applied for, or which is deemed
an unsafe structure as defined by the State Building Code, or any
dwelling or unit that is designated as unfit for human habitation
as defined in the State Building Code and/or the ordinances of the
Town of Woodbridge.
In the case of an owner-occupied residence, an individual
who has a disability meeting the definitions for a mental or physical
disability, as defined under the Americans With Disabilities Act of
1990, and does not have other household members capable of providing
the necessary maintenance.
In the case of an owner-occupied residence, an individual,
or where more than one person resides on the premises, a family unit,
that has an income below the highest level of income established by
the State of Connecticut's Elderly Tax Relief Program.[1] This level is in the upper limit of Step 5 as set forth
in the Connecticut General Statutes § 12-170aa(c). It is
immaterial that a person is not elderly with regards to this chapter
because the reference to § 12-170aa(c) is only for the purpose
of providing a guideline for this chapter.
An area of the Town comprised of premises or parcels of land
any part of which is within a contiguous radius of 800 feet of any
other parcel within the Town.
The Town of Woodbridge.
No owner of real property located in the Town
of Woodbridge shall allow, maintain or cause to be maintained any
blighted premises.
A.Â
The Town of Woodbridge through its designated enforcement officer shall serve written notice on an owner, which may be any of the individuals described in § 175-1. The notice may be hand delivered or mailed by certified mail, return receipt requested, to the last known address of the owner, agent, tenant and/or person in control of real property.
B.Â
Such notice shall state the violation(s) and demand
abatement of such violation(s) within 10 calendar days. If the owner,
agent, tenant and/or person responsible fails to correct the violation(s),
the Town of Woodbridge may issue an enforcement citation as specified
in this chapter.
The Zoning Enforcement Officer or Building Official
and/or other individuals designated by the Board of Selectmen are
charged with enforcement of this chapter. Such designated 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 Official,
Fire Marshal or other person authorized by the Board of Selectmen
is hereby authorized to issue a citation to the violator in accordance
with this chapter.
The procedures established by Chapter 15, Citation Hearing Procedure, of this Code will apply to citations issued under this chapter. The final period for the uncontested payment of any citation under this chapter shall be 10 days after the date of receipt of the citation.
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.
[Amended 3-22-2010, effective 4-22-2010]
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 the citation of violation(s) being upheld, the Town of Woodbridge, acting through its Building Official, may cause or take such action as is necessary to correct such violation including, but not limited to, the demolition of unsafe buildings as provided in § 175-15 of these ordinances. The cost to take such action shall be a civil claim by the Town against such owner, agent, tenant or person in control of real property and the Board of Selectmen may bring an action to recover all costs and expenses incurred. Upon taking any such action to correct such violation, the Town shall cause to be recorded in the land records of the Town a sworn statement showing the cost and expense incurred in correcting such violation, the date the work was done and the location of the property on which said work was done. The recording of such sworn statement shall constitute a lien on the property.
Any blighted premises for which a special permit
or site plan application for improvements to any blighted premises
is pending shall be exempt from the provisions of this chapter for
a period of 90 days from the date of submission 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 10 days or a written request for hearing is not received within that time period, despite proper notice as provided hereunder, the designated enforcement officer shall certify the same to the hearing officer appointed pursuant to the citation hearing procedure and such hearing officer shall thereupon record with the Town Clerk and assess the fines provided by this chapter and shall follow the procedure set forth in Chapter 15, Citation Hearing Procedure, of this Code. A certified copy of the unpaid fines shall be filed with the Clerk of the Superior Court. The certified copy of the unpaid fines shall constitute a record of assessment. Notice with the Clerk of the Superior Court shall be filed within 12 months. Within such twelve-month period, fines against the same person may be accrued and filed as one record of assessment. The Clerk shall enter judgment in the amount of such record of assessment together with appropriate court costs in favor of the Town. 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.
A.Â
Special consideration shall be given to individuals
that are elderly or disabled if such individual cannot maintain a
reasonable level of upkeep of the owner-occupied residence because
the individual is elderly or disabled, as defined under this chapter,
and no capable household member resides in the residence. In such
cases, the designated enforcement officer shall give such elderly
or disabled individual reasonably adequate time to correct the violation(s).
B.Â
Where the owner of any blighted premises is found
to be a low-income individual under this chapter, the designated enforcement
officer shall give special consideration to the person by providing
reasonably adequate time to correct the cited violation(s). If the
cited violation(s) concerns a lawn, brush, weeds or shrub maintenance
or keeping the grounds free from rubbish and debris, the designated
enforcement officer will not provide additional time to correct the
violation.
[Added 3-22-2010, effective 4-22-2010]
A.Â
If the building official finds an unsafe condition, he or she shall
serve a written notice on the owner, agent, tenant or person in control
of the structure. This notice shall describe the condition deemed
unsafe, and specify the required repairs or improvements to be made
to abate it, or require the unsafe structure to be demolished within
a stipulated time. Unsafe structures shall be taken down and removed
or made safe, as the building official deems necessary and as provided
for in Section 115 of the Connecticut Building Code. An "unsafe condition"
shall be deemed as one that is dangerous to human life or the public
welfare, or which involves illegal or improper occupancy or inadequate
maintenance. This includes all structures or existing equipment which
are or hereafter become unsafe, unsanitary or deficient because of
inadequate means of egress facilities, inadequate light and ventilation,
or which constitute a fire hazard. A vacant structure that is not
secured against entry shall be deemed unsafe. Said notice shall inform
the owner, agent, tenant or person in control of the structure that
said structure may be demolished if it is not immediately rehabilitated.
B.Â
Notice.
(1)Â
Such written notice shall be deemed properly served if a copy thereof
is:
(2)Â
If a certified or registered letter is returned showing that the
letter was not delivered, a copy hereof shall be posted in a conspicuous
place in or about the structure affected by such notice.
(3)Â
Service of notice in the foregoing manner upon the owner's agent
or upon the person responsible for the structure shall constitute
service of notice upon the owner.
C.Â
If the owner, agent, tenant or person in control of the structure
to whom notice was sent has refused or neglected to contact the building
official and to timely comply with the required repairs or improvements,
the building official shall specify the required repairs or improvements
to be made to abate the unsafe condition, or that requires the unsafe
structure to be demolished within a stipulated time consistent with
the provisions of Section 115.3 of the Connecticut Building Code.
All costs incurred by the Town in pursuing such action shall be assessed
against the owner, agent, tenant or person in control of the structure.
D.Â
Notwithstanding the above provisions, whenever the building official
finds that there is imminent danger of failure or collapse of a building
or structure, or any part thereof, which endangers life, or when any
structure or part of it has fallen and life is endangered by the occupation
of the building or structure, the building official is authorized
and empowered to order and require the occupants to vacate such structure.
The building official shall post, or cause to be posted, at each entrance
to the building or structure a notice reading as follows: "This structure
is unsafe and its occupancy has been prohibited by the building official."
E.Â
Buildings, structures and premises for which an owner cannot be identified
or located by dispatch of a certificate of mailing to the last known
or registered address, which persistently or repeatedly become unprotected
or unsecured, which have been occupied by unauthorized persons or
for illegal purposes, or which present a danger of structural collapse
or fire spread to adjacent properties shall be considered abandoned,
declared unsafe and abated or demolished in accordance with the Connecticut
Building Code. Such work shall include that required, in the sole
opinion of the building official, to make the premises temporarily
safe, up to and including demolition. Costs incurred in the performance
of emergency repairs or demolition under the order of the building
official shall be paid from the treasury of the Town. Legal counsel
of the Town shall then institute appropriate action against the owner
of the premises where the unsafe building or structure is or was located.
