[HISTORY: Adopted by the Board of Selectmen
of the Town of Wilton 5–5-2008. Amendments noted where applicable.]
[Amended 11-6-2023]
This chapter is enacted pursuant to the authority
granted to the Town of Wilton under Connecticut General Statutes § 7-148(c)(7)(H)(xv).
The Board of Selectmen finds that blighted or unsafe buildings and
other structures of both residential and commercial use may pose a
threat to the health, safety and general welfare of their occupants
and other members of the public, may reduce property values in the
vicinity and unreasonably interfere with the use and enjoyment of
said properties. The Board of Selectmen also finds that buildings
and structures within the Town of Wilton should not be allowed to
become blighted or unsafe or to remain in such a condition.
No person or other person having lawful possession or control of a building or other structure within the Town of Wilton shall permit the building or structure to become blighted or unsafe, as defined in § 8C-3 below, or to remain in a blighted or unsafe condition.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
Any building or structure, or any part of a structure that
is a separate unit, any parcel of land, any lot of land, or any building
under construction for which a building permit has been issued for
more than 24 months without receiving a certificate of occupancy and
in which at least one of the following conditions exists:
The Blight Prevention Officer determines that
existing conditions pose a serious threat to the health and safety
of persons in the Town.
The premises are not being maintained as evidenced
by the existence of one or more of the following conditions:
[Amended 11-6-2023]
Missing, broken or boarded up windows or doors;
Collapsing or missing walls, roof or floor;
Exterior walls or siding which contains holes,
breaks, loose or rotting materials;
Foundation walls which contain open cracks and
breaks;
Overhang extensions, including but not limited
to canopies, marquees, signs, awnings, stairways, fire escapes, standpipes
and exhaust ducts, which possess signs of deterioration and decay;
Chimneys and similar appurtenances which are
in a state of disrepair;
Insect screens which contain tears or ragged
edges;
Vermin and/or insect infestation or conditions
favorable to the breeding of vermin and/or insects;
Garbage and trash; to include, but not limited
to, household refuse, machines, furniture;
Structures overgrown and covered with invasive
nonornamental weeds and/or vines, including but not limited to poison
ivy, sumac, burning bush, bittersweet, etc.;
Abandoned or inoperable vehicles, of any kind,
on the premises, unless otherwise garaged;
Unrepaired fire or water damage;
The cancellation of insurance on proximate properties.
Fifty percent of any one exterior elevation or exterior wall
with flaking, peeling, chipped or blistered paint on any one exterior
elevation which is visible to the public; or having exterior paint
which is chipped, blistered, flaking or peeling on more than one wall.
Illegal activities are conducted at the premises,
as documented in Police Department records.
The premises constitute a fire hazard as determined
by the Fire Marshal or as documented in the Fire Department records.
The premises, upon determination by the Health
Department, constitutes a health hazard.
An edifice of any kind and any piece of work artificially
built or composed of parts joined together in some form which is built
or constructed on any real property. The words “building”
and “structure” shall be construed as if followed by the
words “or part thereof.” Accessory buildings or structures,
canopy, awnings, marquees, and each and every type of portable equipment
shall be considered “buildings” or “structures”
within the meaning of this definition.
Individual employees of the Town of Wilton, functioning jointly
or severally, consisting of the Building Official, Zoning Enforcement
Officer and the Director of Health. The Blight Prevention Officer
is authorized by the First Selectman and Board of Selectmen to enforce
the Blighted and Unsafe Premises Ordinance.
Any individual appointed by the First Selectman and approved
by the Board of Selectmen to conduct hearings authorized by the Wilton
Code of Ordinances.[1]
The area of the Town comprised of all premises or parcels
of land, any part of which is within a radius of 1,000 feet of any
part of another parcel or lot within the Town.
Any person, firm, institution, partnership, corporation,
foundation, entity or authority who or which holds title to real property
or any mortgage or other secured or equitable interest in such property,
as appears in the Wilton land records.
Any premises or parcel of land or part thereof within 1,000
feet of blighted premises.
A continuous period of 60 days or longer during which a building
or structure or part thereof is not legally occupied by human beings.
A parcel of land with no structure(s) thereon.
[1]
Editor's Note: The former definition of "legal occupancy,"
which immediately followed, was repealed 11-6-2023.
The Blight Prevention Officer is granted the
authority necessary, with appropriate notice, to enforce the provisions
of this chapter. Such authority shall include, but not be limited
to, entering premises known to be, or suspected of being, blighted
or unsafe for the purpose of conducting inspections, citing violations,
determining enforcement actions, assessing fines, filing liens, designating
a building or structure as blighted or unsafe, ordering the demolition
of unsafe buildings or structures, and initiating legal actions.
The Blight Prevention Officer, or its designees,
shall inspect any buildings or structures that appear to be blighted
or unsafe based upon visible conditions or as reported by any other
persons who have reason to know of such conditions or upon such other
evidence as the Blight Prevention Officer deems relevant. Any building
or structure that has been determined by the Blight Prevention Officer
to be blighted or unsafe shall be so designated by the Blight Prevention
Officer.
A.
Upon designating a building or structure as blighted
or unsafe, the Blight Prevention Officer shall issue to the owner
a written notice of blighted or unsafe premises and shall order the
owner to correct the blighted or unsafe condition within 60 days of
the date of the notice. The notice shall be either delivered via in-hand
service or sent to the owner by certified mail and shall include:
(i) the facts upon which the designation is based; (ii) the date by
which the blighted or unsafe conditions must be corrected; (iii) the
fines, penalties, costs, fees and other enforcement actions that may
be imposed by citation if the conditions are not corrected; and (iv)
the owner’s right to contest the order before one or more citation
hearing officers appointed by the Board of Selectmen (the “Hearing
Officer”). In the event that the relevant building or structure
or portion of a building or structure is known by the Blight Prevention
Officer to be occupied by or under the legal control or possession
of a person or persons other than the owner, the Blight Prevention
Officer may direct a similar notice and order to any such person or
persons whom the Blight Prevention Officer may reasonably believe
to be fully or partially responsible for creating or maintaining the
blighted or unsafe condition. Each person receiving such a notice
and order shall be deemed to be jointly and severally liable for correcting
the blighted or unsafe conditions. A notice under this subsection
shall not be required prior to taking enforcement action if the violation(s)
of this chapter is the third or more violation at the same property
during the prior twelve-month period.
[Amended 11-6-2023]
B.
Prior to the expiration of the sixty-day repair period specified in the notice of blighted or unsafe building or structure, the owner or person receiving a notice and order pursuant to Subsection A may apply to the Blight Prevention Officer for an extension of the repair period. The Blight Prevention Officer may grant one or more extensions of the repair period, none of which may be longer than 60 days, if he or she determines that the owner or other person is diligently working to remedy the blighted or unsafe condition and that under the facts and circumstances an extension is reasonable.
C.
If the blighted or unsafe building or structure is
not repaired or resolved to the satisfaction of the Blight Prevention
Officer by the conclusion of the sixty-day repair period and any extensions
thereof granted by the Blight Prevention Officer, the Blight Prevention
Officer shall issue a citation and impose a fine of:
[Amended 11-6-2023]
(1)
One
hundred fifty dollars for each day that a violation continues if such
violation occurs at an occupied property;
(2)
Two
hundred fifty dollars for each day that a violation continues if such
violation occurs at a vacant property; and
(3)
One
thousand dollars for each day that a violation continues at a property
if such violation is the third or more such violation at such property
during the prior twelve-month period. For the sole purpose of determining
if a violation is the third or more such violation at such property
during the prior twelve-month period, "violation" means a violation
of any municipal blight regulation for which the municipality has
issued a notice of violation and, (I) in the determination of such
municipality, the conditions creating such violation were previously
cured, or (II) 120 days have passed from the notice of violation and
the conditions creating such violation have not been cured. A third
violation may also be established where three or more conditions constituting
such violation exist at a property simultaneously.
D.
Any citation issued pursuant to Subsection C must state that the owner who received notice under Subsection A shall have 15 days from the receipt of the citation to make an uncontested payment of such fines. Each day that the property is in violation of this chapter shall constitute a separate offense.
[Added 11-6-2023[1]]
E.
Upon the expiration of the fifteen-day period for the uncontested payment of fines under Subsection D, the Blight Prevention Officer shall send written notice to the person cited under Subsection D. Such notice shall inform the person cited: (1) of the allegations against him or her and the amount of fines, penalties, costs or fees due; (2) that he or she may contest his or her liability before the Hearing Officer by delivery, in person or mail, of written notice within 10 days of the date thereof; (3) that if he or she does not demand a hearing, an assessment and judgment shall be entered against him or her; and (4) that such judgment may issue without further notice. All notices and hearings related to such citations shall be given and held, respectively, in accordance with the citation hearing procedures set forth in state law.
[Amended 11-6-2023]
F.
Any property owner or other person who receives a
citation pursuant to this chapter has the right to request a hearing
before the Hearing Officer by delivering, by hand delivery or mail,
written notice of such request within 10 days of the date of the notice
of blighted or unsafe premises. If the property owner or other responsible
person requests a hearing, the Blight Prevention Officer shall send
written notice, by certified mail, of the date, time and place for
the hearing. Such hearing shall be held 15 to 30 days from the date
of the mailing of the notice of such hearing.
G.
The Hearing Officer shall conduct the hearing in the
form and with the methods of proof as it deems fair and reasonable,
in accordance with the hearing procedures for citations specified
in state law. The rules regarding the admissibility of evidence shall
not be strictly applied, but all testimony shall be given under oath
or affirmation.
H.
The Hearing Officer shall announce his or her decision
following the conclusion of the hearing. If he or she determines that
the subject property owner or other person having lawful possession
or control is not liable, the Hearing Officer shall dismiss the matter
and enter the determination, in writing, accordingly. If the Hearing
Officer determines that the subject property owner or other person
having lawful possession or control is liable, it shall enter the
determination, in writing, accordingly, and assess the relevant fines,
penalties, costs or fees that are provided for in this chapter.
I.
Any fine which is unpaid 30 days after it is imposed
shall constitute a lien upon the real estate against which the fine
was imposed from the original date of imposition.
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 such citation, or by such appeal being
sustained, the Town of Wilton, acting through its Blight Prevention
Officer, 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 commence an action on
behalf of the Town of Wilton to recover all costs, expenses and fees,
including attorney’s fees, incurred by the Town relating to
the violation.
The provisions of this chapter are declared
to be severable. If any section, sentence, clause or phrase of this
chapter shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections,
clauses, sentences or phrases of the chapter, but they shall remain
in effect, it being the legislative intent that this chapter shall
stand, notwithstanding the validity of any part.
This chapter shall be effective the 21st day
following the date of its publication.
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(Published in the Wilton Bulletin May 8, 2008)
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