[HISTORY: Adopted by the Town Council of the Town of East
Hampton 11-13-2012. Amendments noted where applicable.]
The purpose of this chapter is to define, prohibit, and abate
blight and nuisances and to protect, preserve, and promote public
health, safety, and welfare, and to preserve and protect property
values.
This chapter shall apply uniformly to the maintenance of all
residential, nonresidential, and undeveloped premises now in existence
or hereafter constructed, maintained, or modified but shall exclude
agricultural lands as defined in § 22-3(b) of the Connecticut
General Statutes, land dedicated as public or semipublic open space
or preserved in its natural state through conservation easements,
or areas designated as inland wetlands and watercourses.
The following definitions shall apply in the interpretation
and enforcement of this chapter.
Any building, structure, or parcel of land, except exempt
property as defined below, in which at least one of the following
conditions exists:
It is dilapidated as documented by the Building Official;
It is a fire hazard as determined by the Fire Marshal or as
documented by the Fire Department;
It is determined by the Building Official or the Health Department
that the condition of the building, structure, or parcel of land poses
a serious or immediate danger to the safety, health, or general welfare
of the community;
It is not being maintained in accordance to the State of Connecticut
Building Code (2005);
It is a factor creating a substantial interference with the
reasonable and lawful use and enjoyment of abutting premises or which
blocks or interferes with the use of any public sidewalk and/or private
street or right-of-way or any road sign.
Material which is incapable of immediately performing the
function for which it was designed, including, but not limited to
abandoned, discarded, or unused objects; junk comprised of machinery
equipment or vehicles, automobiles, boats and recreational vehicles
which are unregistered, missing parts, not complete in appearance
and/or in an obvious state of disrepair; parts of vehicles; furniture,
appliances, and tires which are in the public view.
No longer adequate for the purpose or use for which it was
intended or having fallen into partial or total ruin or decay.
Any building or structure undergoing legal demolition, construction,
remodeling, restoration, repair, or renovation permitted by the Town,
provided that the blighted condition will be corrected within the
time established by the appropriate Town official and further provided
that the building or structure remains in compliance with required
permits as issued by the Town of East Hampton.
No person, firm, corporation, or other legal entity shall cause,
allow or maintain any blighted premises, as defined in the preceding
section, to be created or continued on any real property located within
the Town of East Hampton. Any exempt property, as defined in the preceding
section, shall not be considered a blighted premises, and therefore
not subject to the provision hereof.
A.
The provisions in this chapter shall not be construed to prevent
the enforcement of other statutes, codes, ordinances, or regulations
which prescribe standards other than those provided in this chapter.
B.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, fire, safety, or health
ordinance, regulation, or other code of the Town or state, the provision
which establishes the higher standard for the promotion and protection
of the public health and safety, and property values, shall prevail.
C.
This chapter shall not affect violations of any other ordinances,
codes, or regulations existing prior to the effective date of this
code, and any such violations may be governed and continue to be punishable
under the provisions of those ordinances, codes, or regulations in
effect at the time the violation was committed.
Any owner, lessee, or occupant of premises subject to this chapter
may be jointly and severally obligated to comply with the provisions
of this chapter.
A.
Complaints may be submitted to the Building Official by members of
the public. Such complaints must be in writing and signed.
B.
Whenever the Building Official determines that there have been violations
of any provision of this chapter, such official shall give notice
of such violation to the person responsible therefor, as hereinafter
provided. Such notice shall:
(1)
Be in writing, with a copy of such notice sent to such owner, lessee
or occupant, as the case may require, by U.S. Certified Mail (or its
equivalent) at each such party's last known address as evidenced
in the Town's records;
(2)
Set forth the violations of this chapter;
(3)
Specify a final date for the correction of any violation;
(4)
Be served upon the owner, lessee, or the occupant as the case may
require, provided such notice shall be deemed to be properly served
upon such owner, lessee, or upon such occupant if a copy thereof is
posted in a conspicuous place in or about the dwelling affected by
this notice, or if such person is served with such notice by any other
method authorized or required under the laws of this state;
(5)
Contain an outline of remedial action which, if taken, will effect
permanent compliance with the provisions of this chapter; and
(6)
State that the penalties and enforcement provisions of this chapter
will become effective on the final date set for the correction of
any violation.
B.
Enforcement.
(1)
The Building Official in the Town of East Hampton is authorized to
issue a citation or summons for a violation of this chapter.
(3)
In addition thereto, the Town of East Hampton is authorized to initiate
legal proceedings in the Superior Court for the immediate correction
of the violation(s), collection of any penalties, and the recovery
of all costs, including costs of remedial action(s) authorized by
the court and reasonable attorneys' fees incurred by the Town
of East Hampton to enforce this chapter and should not preclude the
Town's ability to recover or save from immediate damage.
C.
All fines, court costs, costs of remedial action, and attorneys'
fees, as ordered by the court, shall constitute a lien on the subject
premises, as provided by C.G.S. § 7-148aa.
