[HISTORY: Adopted by the Town Council of
the Town of Mansfield 5-8-2006, effective 7-1-2006. Amendments noted where applicable.]
[Amended 5-8-2017, effective 5-29-2017]
A certain document, a copy of which is on file in the office of the Town Clerk of the Town of Mansfield, being marked and designated as the International Property Maintenance Code, 2003 Edition, as published by the International Code Council, be and is hereby adopted as the Housing Code of the Town of Mansfield, in the State of Connecticut for regulating and governing the conditions and maintenance of all properties containing a vacant structure and residential rental property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said Housing Code of the Town of Mansfield on file in the office of the Town Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, prescribed in Article II.
If any section, subsection, sentence, clause
or phrase of this chapter is, for any reason, held to be unconstitutional
or ultra vires, such decision shall not affect the validity of the
remaining portions of this chapter. The Town Council hereby declares
that it would have passed this chapter, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or ultra vires.
Nothing in this chapter or in the Housing Code of the Town of Mansfield hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Article II of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The Town of Mansfield Town Clerk is hereby ordered
and directed to cause this chapter to be published in a newspaper
having circulation within the Town.
This chapter and the rules, regulations, provisions,
requirements, orders and matters established and adopted hereby shall
take effect and be in full force and effect from and after July 1,
2006.
The following sections of said 2003 Edition
of the International Property Maintenance Code are hereby revised
as follows.
SECTION 101, GENERAL, is amended as follows:
A.
101.1 Title. These regulations shall
be known as the “Housing Code of the Town of Mansfield,”
hereinafter referred to as "this code."
B.
101.2 Scope. The provisions of this code
shall apply to all existing residential rental housing units and their
associated premises and constitute minimum requirements and standards
for premises, structures, equipment and facilities for light, ventilation,
space, heating, sanitation, protection from the elements, life safety,
safety from fire and other hazards, and for safe and sanitary maintenance;
the responsibility of owners, operators and occupants; the occupancy
of existing structures and premises; and for administration, enforcement
and penalties.
|
Exception: All existing residential
rental housing units that are the property of the State of Connecticut
shall be exempt from this code. This exemption shall not include residential
rental housing units owned by an entity leasing real property from
the State of Connecticut.
|
C.
101.3 Intent. This code shall be construed
to secure its expressed intent, which is to ensure public health,
safety and welfare insofar as they are affected by the continued occupancy
and maintenance of residential rental housing units, structures and
premises. Existing structures and premises that do not comply with
these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein. Repairs, alterations,
additions to and change of occupancy in existing buildings shall comply
with the:
|
Connecticut State Building Code and Connecticut
Supplement.
| |
|
Connecticut Fire Safety Code.
| |
|
Connecticut Public Health Code.
| |
|
Town of Mansfield Code of Ordinances.
| |
|
Town of Mansfield Zoning Regulations.
|
SECTION 102, APPLICABILITY, is amended as follows:
A.
102.1 General. The provisions of this
code shall apply to all matters affecting or relating to residential
rental housing units, structures and premises, as set forth in Section
101. Where, in a specific case, different sections of this code specify
different requirements, the most restrictive shall govern.
B.
102.3 Application of other codes. Repairs,
additions or alterations to a residential rental housing unit, structure,
or premises, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the codes and documents outlined
in Section 101.3. Nothing in this code shall be construed to cancel,
modify or set aside any provision of the codes and documents listed
in Section 101.3.
C.
102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that
are listed in Chapter 8 and considered part of the requirements of
this code to the prescribed extent of each such reference. Where differences
occur between provisions of this code and the referenced standards,
the provisions of the referenced standards shall apply.
SECTION 103, DEPARTMENT OF BUILDING INSPECTION,
is amended as follows:
A.
103.1 General. The Department of Building
Inspection is hereby authorized and directed to enforce this code,
and the executive official in charge thereof shall be known as the
“Code Official.”
B.
103.2 Appointment. The Town Manager of
Mansfield shall appoint the Code Official; and the Code Official shall
be subject to the Town Personnel Rules and Regulations or appropriate
union contract.
C.
103.5 Fees. The fees for activities and
services performed by the Department in carrying out its responsibilities
under this code shall be as indicated in the schedule set forth in
Chapter 9 of this code.
SECTION 104, DUTIES AND POWERS OF THE CODE OFFICIAL,
is amended as follows:
A.
104.3 Inspections. The Code Official
shall make all of the required inspections, or shall accept reports
of inspection by approved agencies or individuals. All reports of
such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual.
The Code Official is authorized to engage such expert opinion as deemed
necessary to report upon unusual technical issues that arise, subject
to the approval of the Town Manager.
B.
104.8 Coordination of inspections. Whenever
an inspector from any agency or department observes an apparent or
actual violation of some provision of some law, ordinance or code
not within the inspector's authority to enforce, the inspector shall
report the findings to the code official having jurisdiction.
SECTION 106, VIOLATIONS, is amended as follows: 106.3 Prosecution of Violation. The Code Official shall retain
discretion to refer any violation of this code to the authority of
the State of Connecticut for prosecution according to state law.
SECTION 107, NOTICES AND ORDERS, is amended
as follows:
A.
Delete without substitution: 107.2.6.
B.
107.5 Transfer of ownership. The Code
Official may cause to be filed upon the Land Records of the Town of
Mansfield any written notice of violation or order issued by the Code
Official. In any such case, if and when compliance with this code
is subsequently attained, the Code Official shall cause to be filed
on the Land Records a writing that documents and explains any such
result without delay.
C.
109.6 Hearing. Any person ordered to
take emergency measures shall comply with such order forthwith. Any
affected person or persons severally or jointly aggrieved by any decision
of the Housing Code Board of Appeals shall thereafter have the right
to appeal such order to the Connecticut Superior Court.
SECTION 110, DEMOLITION, is amended as follows: 110.1 General. Per Connecticut General Statutes Section 29-253,
the Code Official shall order the owner of any premises upon which
is located any structure which in the Code Official’s judgment
is “unsafe,” meaning a building that constitutes a fire
hazard or is otherwise dangerous to human life or the public welfare,
and such that it is unreasonable to repair the structure, to demolish
and remove such structure; or if such structure is capable of being
made safe by repairs, to repair and make safe and sanitary or to demolish
and remove at the owner’s option.
SECTION 111, MEANS OF APPEAL, is amended as
follows:
A.
111.1 Application for appeal. Any person
directly affected by a decision of the Code Official or a notice or
order issued under this code shall have the right to appeal to the
Housing Code Board of Appeals, provided that a written application
for appeal and a filing fee of $100 are filed with the Clerk of the
Board within 20 days after the day the decision, notice or order was
served. An application for appeal shall be based on a claim that the
true intent of the code or the rules legally adopted thereunder have
been incorrectly interpreted or applied, the provisions of this code
are not fully applicable, or the requirements of this code are adequately
satisfied by other means.
B.
111.2 Membership of Board. The Housing
Code Board of Appeals shall consist of three electors of the community
who, in the opinion of the appointing authority, the Town Council,
possess the experience, capability and judgment to pass on matters
pertaining to this Code. The members shall serve staggered and overlapping
terms of three years, but in the beginning, the three who are initially
appointed shall serve terms of one, two and three years, respectively.
C.
111.2.1 Alternate members. The Town Council
shall appoint two or more alternate members who shall be called by
the Board Chairman to hear appeals during the absence or disqualification
of a member. Alternate members shall possess the qualifications required
for Board membership.
D.
111.2.4 Secretary. The Town Manager shall
designate a qualified person to serve as Secretary to the Board. The
Secretary shall keep and file a detailed record of all proceedings
in the office of the Town Clerk.
E.
111.2.5 Compensation of members. Members
shall not be compensated.
SECTION 201, GENERAL, is amended as follows: 201.3 Terms defined in other codes. Where terms are not defined
in this code and are defined in the Codes and Regulation listed in
Section 8, such terms shall have the meanings ascribed to them as
in those codes.
SECTION 202, GENERAL DEFINITIONS, is amended
as follows:
A.
Amend: BATHROOM. A group of fixtures
including or excluding a bathtub or shower consisting of a water closet
and lavatory located together in the same room.
B.
Add: RESIDENTIAL RENTAL STRUCTURES. Shall
include all dwelling and housing units defined by this code that are
residential and rental structures except for those owned by the State
of Connecticut. The terms “dwelling unit(s)” and “housing
unit(s)” shall be considered synonymous for purposes of this
code.
C.
Add: VACANT. Temporarily unoccupied buildings, structures,
premises or portions thereof.
[Added 5-8-2017, effective 5-29-2017]
All vacant structures and premises thereof shall be maintained
in a clean, safe, secure and sanitary condition as provided herein
so as not to cause a blighting problem or adversely affect the public
health or safety.
SECTION 302, EXTERIOR PROPERTY AREAS, is amended
as follows:
A.
302.4 Weeds. All premises and exterior
property shall be maintained free from weeds or plant growth in excess
of 12 inches. All noxious weeds shall be prohibited. "Weeds" shall
be defined as all grasses, annual plants and vegetation, other than
trees and shrubs; provided, however, this term shall not include cultivated
flowers and gardens. Upon failure of the owner or agent having charge
of a property to cut and destroy weeds after service of a notice of
violation, they shall be subject to prosecution in accordance with
Section 106.3. Upon failure to comply with the notice of violation,
any duly authorized employee of the jurisdiction or contractor hired
by the jurisdiction shall be authorized to enter upon the property
and cut and destroy the weeds growing thereon, and the costs of such
removal shall be paid by the owner or agent responsible for the property.
[Amended 5-8-2017, effective 5-29-2017]
B.
Delete without substitution: 302.8 Motor vehicles.
SECTION 304, EXTERIOR STRUCTURE, is amended
as follows:
A.
304.3 Premises identification. Buildings
shall have approved address numbers placed in a position to be plainly
legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers shall be a minimum
of 3 1/2 inches high with a minimum stroke width of 0.5 inch.
B.
304.14 Insect screens. During the period
from May 1 to October 15, every door, window and other outside opening
required for ventilation of habitable rooms shall be supplied with
approved tightly fitting screens of not less than 16 mesh per inch
(16 mesh per 25 mm), and every swinging door shall have a self-closing
device in good working condition.
C.
Delete without substitution: 304.18.1 Doors.
SECTION 305, INTERIOR STRUCTURE, is amended
as follows: 305.1 General. The interior of a structure
and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition. Occupants shall keep that part
of the structure which they occupy or control in a clean and sanitary
condition. Every owner of a structure containing a rooming house,
housekeeping units, apartments, two or more dwelling units shall maintain,
in a clean and sanitary condition, the shared or public areas of the
structure and exterior property.
SECTION 306, HANDRAILS AND GUARDRAILS, is amended
as follows: 306.1 General. Every exterior and interior
flight of stairs having four or more risers shall have a handrail
on one side of the stair, and every open portion of a stair, landing,
balcony, porch, deck, ramp or other walking surface which is more
than 30 inches (762 mm) above the floor or grade below shall have
guards. Handrails and guardrails shall be in accordance with the codes
and regulations listed in Section 8. Exception: Guards
shall not be required where exempted by the adopted building code.
SECTION 308, EXTERMINATION, is amended as follows: 308.3 Single occupant. The occupant of a one-family dwelling
shall be responsible for extermination on the premises.
SECTION 401, GENERAL, is amended as follows: 401.3 Alternative devices. In lieu of the means for natural
light and ventilation herein prescribed, artificial light or mechanical
ventilation complying with the Building Codes and regulations listed
in Chapter 8 shall be permitted.
SECTION 402, LIGHT, is amended as follows: 402.2 Common halls and stairways. Every common hall and stairway
in residential occupancies, other than in one- and two-family dwellings,
shall be lighted at all times with at least a sixty-watt standard
incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided
that the spacing between lights shall not be greater than 30 feet
(9,144 mm).
SECTION 403, VENTILATION, is amended as follows:
Delete without substitution 403.4 Process ventilation.
[Amended 8-8-2016, effective 9-2-2016]
A.
SECTION
404, OCCUPANCY LIMITS, is amended as follows: 404.1 Privacy. Dwelling units, housekeeping units, rooming units and apartment
units shall be arranged to provide privacy and be separate from other
adjoining spaces.
B.
404.5
OVERCROWDING. The maximum occupancy by unrelated individuals in a
dwelling unit shall be as provided in the Mansfield Zoning Regulations,
as may be amended.
SECTION 502, REQUIRED FACILITIES, is amended
as follows:
SECTION 503, TOILET ROOMS, is amended as follows:
SECTION 505, WATER SYSTEM, is amended as follows:
A.
Amend: 505.1 General. Every sink, lavatory,
bathtub or shower, drinking fountain, water closet or other plumbing
fixture shall be properly connected to either a public water system
or to an approved private water system. All kitchen sinks, lavatories,
laundry facilities, bathtubs and showers shall be supplied with hot
or tempered and cold running water in accordance with the Building
Code and Regulations listed in Chapter 8.
B.
Add: 505.2.1. Water test. Prior to a
rental certificate being issued pursuant to Chapter 9 of this code,
a copy of a water test completed within the immediately preceding
24 months indicating that the water supply meets the following minimum
standards must be submitted to the Code Official:
[Amended 3-26-2007, effective 4-20-2007; 5-8-2017, effective 5-29-2017]
|
Chloride: less than or equal to 250 mg/l
Nitrate: less than or equal to 10 mg/l
Nitrite: less than or equal to 1.0 mg/l
Manganese: less than or equal to 0.5 mg/l
Chlorine, residual: less than .05 mg/l
Coliform bacteria: 0 col/100 ml
| ||
|
The sample must be drawn under the direction
of and tested by a firm certified by the State of Connecticut Department
of Public Health to perform such duties. The provisions of this section
shall not apply to dwelling units that are served by a public water
supply or are regulated by the Water Quality Monitoring Schedule directed
by the Connecticut Department of Public Health.
| ||
[Amended 4-27-2009, effective 5-22-2009]
Add to SECTION 506, SANITARY DRAINAGE SYSTEM: 506.3 Private Sewage Disposal System Maintenance. Prior to
a rental certificate being issued pursuant to Chapter 9 of this code,
a report provided by a pumper/hauler licensed by the Connecticut Department
of Public Health, demonstrating that the on-site sewage disposal system
has been cleaned and serviced within the past four years, must be
submitted to the Code Official. The provisions of this section shall
not apply to dwelling units that are served by a community sewer system.
SECTION 602, HEATING FACILITIES, is amended
as follows:
A.
602.2 Residential occupancies. Dwellings
shall be provided with heating facilities capable of maintaining a
room temperature of 68° F. (20° C.) in all habitable rooms,
bathrooms and toilet rooms based on the winter outdoor design temperature
for the locality indicated in the Building Code listed in Chapter
8. Cooking appliances shall not be used to provide space heating to
meet the requirements of this section.
B.
602.3 Heat supply. Every owner and operator
of any building who rents, leases or lets one or more dwelling unit,
rooming unit, dormitory or guestroom on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat
to maintain a temperature of not less than 68° F. (20° C.)
in all habitable rooms, bathrooms, and toilet rooms.
|
Exception: When the outdoor temperature
is below the winter outdoor design temperature for the locality, maintenance
of the minimum room temperature shall not be required, provided that
the heating system is operating at its full design capacity. The winter
outdoor design temperature for the locality shall be as indicated
in the Building Code and regulations listed in Chapter 8.
| ||
|
Per Connecticut General Statutes Section 19a-109,
a temperature in any residential rental housing unit of less than
65° Fahrenheit in such unit shall be deemed injurious to the health
of the occupants thereof and violative of this code.
| ||
C.
Delete without substitution: 602.4 Occupiable workspaces.
SECTION 604, ELECTRICAL FACILITIES, is amended
as follows: 604.2 Service. The size and usage of appliances
and equipment shall serve as a basis for determining the need for
additional facilities in accordance with the Building Code and Regulations
listed in Chapter 8. Dwelling units shall be served by a three-wire,
120/240-volt, single-phase electrical service having a rating of not
less than 60 amperes.
SECTION 702, MEANS OF EGRESS, is amended as
follows:
A.
702.1 General. A safe, continuous and
unobstructed path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply
with the Building Codes and Regulations listed in Chapter 8.
B.
Delete without substitution: 702.2 Aisles.
C.
702.3 Locked doors. All means of egress
doors shall be readily openable from the side from which egress is
to be made without the need for keys, special knowledge or effort,
except where the door hardware conforms to that permitted by the Building
Codes and Regulations listed in Chapter 8.
SECTION, 704, FIRE PROTECTION SYSTEMS, is amended
as follows:
A.
704.1 General. All systems, devices and
equipment to detect a fire, actuate an alarm, or suppress or control
a fire or any combination thereof shall be maintained in an operable
condition at all times in accordance with the Building Codes and Regulations
listed in Chapter 8.
B.
704.2 Smoke alarms. Single- or multiple-station
smoke alarms shall be installed and maintained in Groups R-2, R-3,
R-4 and in dwellings not regulated in Group R occupancies, regardless
of occupant load at all of the following locations:
(1)
On the ceiling or wall outside of each separate sleeping
area in the immediate vicinity of bedrooms.
(2)
In each room used for sleeping purposes.
(3)
In each story within a dwelling unit, including basements
and cellars but not including crawl spaces and uninhabitable attics.
In dwellings or dwelling units with split-levels and without an intervening
door between the adjacent levels, a smoke alarm installed on the upper
level shall suffice for the adjacent lower level, provided that the
lower level is less than one full story below the upper level.
|
Single- or multiple-station smoke alarms shall
be installed in other groups in accordance with the Building Codes
and Regulations listed in Chapter 8.
|
CHAPTER 8, REFERENCED STANDARDS, is amended
as follows:
|
The provisions of this code shall be governed
by the following:
|
|
Connecticut State Building Code and Connecticut
Supplement
|
|
Connecticut Fire Safety Code
|
|
Connecticut Public Health Code
|
|
Town of Mansfield Code of Ordinances
|
|
Town of Mansfield Zoning Regulations
|
[Amended 3-26-2007, effective 4-20-2007; 10-14-2014, effective 11-7-2014]
Add CHAPTER 9, RENTAL CERTIFICATION AND INSPECTIONS:
|
SECTION 901
CERTIFICATION
| |
|
Findings. The Town Council of the
Town of Mansfield finds that inadequate maintenance of residential
rental property within the community is a detriment to the public
welfare, health and safety.
| |
|
901.1 Scope. No owner, agent or
person in charge of a residential rental housing unit offered for
rent within the Town of Mansfield shall allow any person to occupy
the same as a tenant or lessee for a valuable consideration, unless
the owner, agent or person in charge holds a valid certificate of
compliance issued by the Code Official for the specific housing unit.
| |
|
Exception: The provisions of this
chapter shall not apply to those housing units that are:
| |
|
1. Age-restricted to persons aged 55 and
older.
| |
|
2. Owned by the Mansfield Housing Authority.
| |
|
3. Owned by the State of Connecticut. This
exception shall not include those dwellings or dwelling units located
within the Town of Mansfield that are owned by an entity leasing real
property from the State of Connecticut.
| |
|
4. Newly constructed housing units for
the first five years after issuance of an initial certificate of occupancy
by the Town of Mansfield Building Department.
| |
|
5. Housing units in any building consisting
of not more than four units, where the owner resides at least six
months per calendar year. "Owner" is defined as that individual owning
at least a fifty-percent fee simple interest in said property. To
qualify for this exemption, any such owner-occupant must be the record
owner of a minimum fifty-percent fee simple interest in said residential
rental property in his or her personal individual capacity only.
[Amended 8-8-2016, effective 9-2-2016] | |
|
6. Single-family dwelling units rented
or leased for a period not to exceed one year when the original owner
occupant will return to that unit as his or her primary residence
at the end of the rental term or lease.
| |
|
7. Single-family dwelling units sold and
rented or leased by the buyer to the seller as a condition of the
sale to provide the seller with extended occupancy for a period not
to exceed one year.
| |
|
Implementation Schedule: The provisions
of this chapter shall be implemented pursuant to a schedule, hereinafter
referred to as the “implementation schedule,” developed
and maintained by the Code Official. No owner, agent or person in
charge of a dwelling or dwelling unit located within the Town of Mansfield
shall be found in violation of this chapter until such time as he/she
fails to obtain a valid certificate of compliance within the period
of time specified by the implementation schedule.
| |
|
Term of Certificate: Every rental
certificate of compliance shall expire pursuant to the date set forth
within the implementation schedule. The fee for a certificate of compliance
shall be $150 for the two-year period established pursuant to the
schedule.
| |
|
901.2 Conditions for issuance of certificates. Upon request of the owner, agent or other person authorized to rent a dwelling unit (hereinafter referred to as the "applicant"), the Code Official will be available at an appointed time, within a reasonable amount of time, agreed upon by the Code Official and the applicant, or later if the applicant requests, to inspect such dwelling or dwelling unit. If such inspection or reports provided to the Code Official pursuant to § 130-10 establish that the dwelling or dwelling unit is in substantial compliance with this code and any other applicable law, regulation or code, the Code Official shall issue a certificate of compliance for said dwelling or dwelling unit, provided that all fees or other assessments charged against the dwelling or dwelling unit pursuant to this Housing Code have been paid. One copy of the certificate of compliance shall be handed to or sent by mail to the applicant; a second copy shall be posted by the owner or his/her designated agent in a conspicuous location inside the dwelling or dwelling unit for the information of the tenant and shall not be removed by or at the direction of anyone other than the tenant; and a third copy shall be kept on file in the Code Official’s office. After the issuance of a certificate, if, upon reinspection or receipt of reports provided to the Code Official pursuant to § 130-10, it is determined by the Code Official that the dwelling or dwelling unit is no longer in substantial compliance with this code or any other applicable law, regulation or code, the certificate may be revoked by the Code Official in a writing stating the reasons for the revocation.
[Amended 8-8-2016, effective 9-2-2016] | |
|
901.3 Reinspections. If said dwelling
or dwelling unit does not comply with the code standards, the Code
Official shall furnish the applicant with a written list of the specific
violations, which would have to be corrected before a certificate
of compliance could be issued for the dwelling or dwelling unit. Upon
the representation of the applicant that the listed violations have
been corrected, the Code Official shall reinspect said dwelling or
dwelling unit and issue a certificate of compliance or a list of violations,
as above provided.
| |
|
901.4 Waiver pending correction. Any applicant who is delayed in correcting violations necessary
to entitle him/her to a certificate of compliance and who has a valid
contract in writing with a person for the performance of the work
may petition the Code Official in writing for a temporary waiver of
compliance. The petition shall contain the information therein which
is reasonably necessary for a decision and shall include a written
and signed statement by the person under contract to correct the violation,
specifying the date of beginning and completion of the work. If the
Code Official shall find that the delay in the correction of the violation
is reasonable, taking into consideration the availability of persons
to do the work and the current work load, and that the work can reasonably
be undertaken and completed while the premises are occupied or that
appropriate provision has been made for housing the tenant elsewhere
during the necessary period when the dwelling or dwelling unit will
not be habitable because of the work of correcting the code violation,
the Code Official shall issue a temporary waiver of compliance expiring
on the date when the corrective work should be completed. The applicant
shall, on or before that date, request a reinspection. The Code Official
shall reinspect the dwelling or dwelling unit and issue the certificate
of compliance or list any remaining violations as above provided.
| |
|
901.5 Appeals. Any applicant aggrieved
by the decision of the Code Official to issue a certificate of compliance
may appeal to the Housing Code Board of Appeals as set forth in Section
111, above.
| |
|
901.6 Violations and penalties. Any owner, agent or other authorized persons who lets for occupancy
any dwelling or dwelling unit in the Town of Mansfield and who does
not hold a valid certificate of compliance from the Code Official
shall be given written notice by said official of said violation by
personal service or by certified mail, addressed to said owner, agent
or other authorized person in control of the subject property at his/her
last known address. Any such person or entity who or which fails to
cure such violation within 15 days after the date of such written
notice may be assessed a fine of not more than $100 per day for each
and every day that such violation continues, as each day of such continued
violation shall be considered a separate violation of this chapter.
| |
|
SECTION 902
INSPECTIONS
| |
|
902.1 Scope. The Code Official
is hereby authorized and directed to make periodic inspections within
the purview of this chapter and such inspections as are required by
a code compliance program of the Town of Mansfield, by and with the
consent of the owner, occupant or person in charge, to determine the
condition of dwellings, dwelling units, rooming units and premises
within this Town for the purpose of determining compliance with the
provisions of this chapter or this code. Occupants may also request
inspections under this chapter or this code.
| |
|
A. For the purpose of making such inspections,
the Code Official, with the consent of the owner, occupant or person
in charge, is hereby authorized to enter, examine and survey all dwellings,
dwelling units, rooming units and premises at such time mutually satisfactory
to and agreed upon by the Code Official and the owner or occupant
of a dwelling, dwelling unit or rooming unit or the person in charge
thereof. Such inspection, examination or survey shall not have for
its purpose the undue harassment of the owner or occupant, and such
inspection, examination or survey shall be made so as to cause the
least amount of inconvenience to said owner or occupant, consistent
with an efficient performance of the duties of the Code Official.
To further ensure that the policy of this chapter, which is to achieve
compliance through cooperation of owners and occupants, shall be successfully
maintained, it shall be the practice of the Code Official, whenever
practicable, to provide reasonable advance notice to owners and/or
occupants of projected special inspections or inspections of a routine
nature. Ultimately, no owner or occupant of a residential rental housing
unit or rooming unit may unreasonably withhold from the Code Official
consent to access the premises for the purpose of performing any inspection
authorized by this code.
| |
|
B. The occupant of each dwelling, dwelling
unit, rooming unit or premises, or the person in charge thereof, upon
presentation by the Code Official of his/her proper credentials, may
give the Code Official entry to the dwelling, dwelling unit, rooming
unit or premises and free access to every part thereof.
| |
|
C. Whenever an owner, occupant or person
in charge of a dwelling, dwelling unit, rooming unit or premises shall
deny the Code Official right of entry for the purpose of inspection,
examination or survey, the Code Official shall not enter until he/she
presents a duly issued search warrant or other written authorization
describing the dwelling, dwelling unit, rooming unit or premises to
the owner, occupant or person in charge thereof.
| |
|
D. Nothing in this section shall be construed
to preclude the entry of the Code Official at any time when, in his/her
judgment, an emergency tending to create an immediate danger to the
public welfare or safety exists, or when such entry is requested by
the owner, occupant or person in charge of the dwelling, dwelling
unit, rooming unit or premises, or when the Code Official presents
a duly issued search warrant to said owner or occupant or person in
charge thereof.
| |
|
902.2 Access to remedy. Per Connecticut
General Statutes Section 47a-16, every occupant of a residential rental
housing unit or rooming unit shall not unreasonably withhold from
the owner thereof, or his/her agent or employee, consent to access
any part of such dwelling, dwelling unit or rooming unit, or its premises,
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this chapter or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this chapter.
|
