[HISTORY: Adopted by the Common Council of
the City of Norwich 7-10-1984 by Ord. No. 2-1984 (Ch. 93 of the 1967
Code). Amendments noted where applicable.]
No person, partnership, corporation or other
entity, being the owner or in control of or charged with the control
or management of any premises in the City of Norwich, shall suffer
or permit the growth, accumulation, deposit or storage thereon of
any idle, wild, uncultivated or obnoxious grass, weeds, thistles,
brush, briers, brambles, leaves, materials or objects of any kind,
rubbish, garbage, dirt, waste or waste materials, whereby said premises
are, or may be or become, or liable to become, unsanitary, or whereby
the fire hazard, danger or risk is or may be increased, or whereby
the life, health or safety of another or others is or may be endangered
or injuriously affected, or whereby the premises of another or the
enjoyment thereof are or may be injured, damaged, interfered with
or prejudiced.
A.
It shall be the duty and responsibility of the City
Engineer or the City Building Inspector or their delegatee to enforce
the provisions of this chapter.
B.
Upon the receipt of a request, complaint or becoming aware that any premises within the City boundaries may be in violation of this chapter, the City Engineer, Building Inspector or their delegatee shall inspect the said premises for compliance with § 172-1 herein.
C.
No inspection of any lands within the City for compliance
with this chapter shall be conducted where to do so would constitute
a trespass upon the premises or neighboring premises. All inspections
shall be conducted from the vantage of a public sidewalk, street or
other public lands, or shall be with the consent of the person, partnership,
corporation or other entity being the owner or in control of or charged
with the control or management of any such premises, or with the consent
of the owner or occupant of premises adjoining the subject premises
and affording a vantage of the subject premises.
A.
Upon a determination by the City Engineer, City Building Inspector or their delegatee that a premises is in violation of § 172-1 herein, the City Engineer or Building Inspector or their delegatee shall cause a written notice of violation to be given to the person, partnership, corporation or other entity, being the owner or in control of or charged with the control or management of the premises.
B.
Notice shall be given by personal service upon the
person, partnership, corporation or other entity being the owner or
in control of or charged with the control or management of the premises
or by return receipt requested United States mail addressed to the
owner of said premises at the address listed upon the latest City
of Norwich real property tax roll for said premises. If notice cannot
be effectuated by personal service or return receipt mail, the City
Engineer or City Building Inspector shall make application to the
Judge of the City of Norwich Court for an order directing the manner
of giving notice most likely to notify the person, partnership, corporation
or other entity being the owner or in control of or charged with the
control or management of the premises of the violation.
The notice of violation shall contain:
A.
A statement that the premises was inspected on a specified date and found to be in violation of § 172-1 of this chapter.
C.
A specific date on which the premises will be reinspected for compliance with § 172-1 herein. The specific date shall not be less than five days computed from the date of mailing said notice.
[Amended 8-20-1996 by Ord. No. 4-1996]
D.
A statement that failing compliance by the specified
date, the City, without further notice to the addressee, shall cause
the premises to be cleared and cleaned of the offensive vegetation
and materials and that the cost thereof will be billed to the addressee
for payment within 30 days of receipt and that failure to timely pay
the cost thereof will result in the cost being added to the City real
property taxes to be levied and collected against the premises.
E.
A statement that unless the addressee, the person,
partnership, corporation or other entity being the owner or in control
of or charged with the control or management of the premises notifies
the City Engineer or City Building Inspector on or before the said
specified date in the notice of violation for compliance that the
addressee or the said person, partnership, corporation or other entity
does not consent to the entering upon the premises by City personnel
and equipment or the City's independent contractor for the purpose
of clearing and cleaning same, it shall be presumed that the addressee
does consent and gives permission to the entering upon the premises
by the City or its independent contractor and the payment of the costs
of the addressee of the clearing and cleaning work performed.
F.
A statement of the estimated cost to be charged for
clearing and cleaning if performed by the City and a statement that
if performed by an independent contractor the costs may vary from
the City estimate.
G.
A statement that failure to comply by the specified
date or authorized extension thereof and failure to consent to entering
upon the premises for the purpose of clearing and cleaning by the
City or its independent contractor may result in the issuance of an
appearance ticket or other legal process to appear in the City of
Norwich Court and, upon conviction, may subject the addressee to a
penalty, the maximum of which is imprisonment for a term of 15 days
or a fine not more than $250, or both such imprisonment and fine.
A.
In the event the addressee, person, partnership, corporation or other entity being the owner or in control of or charged with the control or management of the premises does not comply with this chapter on or before the date so specified in the notice of violation provided for in §§ 172-3 and 172-4 herein, or any extension thereof, the City Engineer or Building Inspector or their delegatee shall without further notice to the said addressee, person, partnership, corporation or other entity cause the premises to be cleared and cleaned of the offensive vegetation or materials and the cost thereof charged to the said person, partnership, corporation or other entity. In clearing and cleaning the premises, the City Engineer may cause the work to be performed by City manpower and equipment or may contract for the performance of the work with an independent contractor.
B.
In the event the addressee, person, partnership, corporation or other entity being the owner or in control of or charged with the control or management of the premises notifies the City Engineer or Building Inspector or their delegatee, in accordance with § 172-4E, that consent for entering upon the premises is denied, neither the City nor its independent contractor shall enter upon the premises and this chapter may be enforced in accordance with § 172-8 herein.
The following costs are hereby established to be imposed when the City or its independent contractor clears and cleans a noncomplying premises in accordance with § 172-5A herein and shall be as set by the Common Council:
A.
A statement of costs incurred for clearing and cleaning in accordance with §§ 172-5A and 172-6 herein and a demand for payment of same upon completion of work shall be mailed to the addressee, person, partnership, corporation or other entity being the owner or in control of or charged with the control or management of the premises by United States Postal return receipt requested mail. Such statement of costs shall require payment to the Director of Finance not later than 30 days from receipt. Such statement shall contain a statement that in the event the costs are not timely paid, the costs will be, without further notice to the addressee, added to the City real property taxes to be levied and collected against the premises and subject to the same penalty and interest charges and enforcement proceedings as applied to unpaid taxes.
[Amended 8-20-1996 by Ord. No. 4-1996]
B.
In the event the said costs are not timely paid, the
Director of Finance shall cause same to be added to the City real
property taxes to be levied and collected against the premises and
same shall be subject to the same penalty and interest charges and
enforcement proceedings, including tax sale, as applied to unpaid
City real property taxes.
[Amended 8-20-1996 by Ord. No. 4-1996]
C.
If the addressee from whom payment is demanded and
not paid is exempt from the payment of real property taxes, the Common
Council of the City of Norwich may direct the City Attorney to bring
a civil proceeding in a court of competent jurisdiction for its collection
and thereafter to proceed to enforce such judgment by lawful process.
A.
In any instance involving a violation of this chapter
and the failure of the person, partnership, corporation or other entity
being the owner or in control of or charged with the control or management
of premises to comply with this chapter before or on the date specified
for compliance in the notice provided for herein or any extension
thereof and upon such person, partnership, corporation or other entity's
denial of consent to the City or its independent contractor for entry
upon said premises for the purpose of clearing and cleaning offensive
vegetation and materials therefrom as required herein, the City Engineer
or City Building Inspector or their delegatee may cause to be issued
to said offending person, partnership, corporation or other entity
an appearance ticket based upon a misdemeanor information charging
a violation of this chapter.[1] Such misdemeanor information shall be returnable in the
City Court, City of Norwich, where the matter shall be adjudicated.
[Amended 8-20-1996 by Ord. No. 4-1996]
B.
Any person, partnership, corporation or other entity
violating any of the provisions of this chapter shall, upon conviction,
be guilty of a violation and shall be liable, upon conviction, to
a fine of not more than $250 or imprisonment not exceeding 15 days,
or to both fine and imprisonment.
