[HISTORY: Adopted by the Town Council of
the Town of Wallingford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-14-2013 by Ord. No. 588[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
I, Blighted Premises, adopted 7-15-2008 by Ord. No. 555.
A.
It is hereby found and declared that blighted properties adversely
affect the economic well-being of the community, contribute to the
decline of neighborhoods, and jeopardize the health, safety, welfare
and/or quality of life of persons within the Town of Wallingford.
It is further found that properties in a blighted condition can be
rehabilitated, and rehabilitation would eliminate, remedy and prevent
the adverse effects previously described. This article is enacted
pursuant to § 7-148 et seq., § 7-148(c)(7)(H)(xv), § 7-148aa
and § 7-152c of the State of Connecticut General Statutes.
B.
This article provides minimum standards governing the condition and
maintenance of real property and establishes reasonable safeguards
for the health, safety and welfare of the occupants, neighborhood
and community. This article is intended to maintain and preserve the
quality of life in neighborhoods and control/remediate blighted properties.
For the purposes of this article, the following words, terms
and phrases shall have the following meanings:
Generally, the intentional relinquishment of a property and/or
control thereof. Abandonment is based upon the given facts of a particular
case and may include an act or omission of an act. A property unoccupied
and left unprotected, exposed and/or deteriorating may be found to
be abandoned.
Deteriorating, in a state of ill repair, filth or decay.
As further defined in this article.
An edifice of any kind or 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" or "structure"
shall be construed as if followed by the words "or part(s) thereof."
Accessory buildings or structures, canopies, awnings, permanent signs,
marquees, and each and every type of portable equipment shall be considered
"building" or "structures" within the meaning of this definition.
Any rotting vegetable and animal wastes, excluding sewage
and body waste, but shall not include properly maintained compost.
Any discarded substance or waste material that is thrown
or scattered about, such as but not limited to any tobacco or cigarette
product, paper, plastic, bottle or part thereof or similar.
Any dwelling or dwelling unit, including one-family, two-family
and multiple-family dwellings, whether vacant or occupied;
Any lot, plot or parcel of land, whether vacant or occupied;
Any building of nondwelling use, including commercial properties,
whether vacant or occupied;
Any mixed-use, commercial and residential building, whether
vacant or occupied;
Any accessory structure accessory to any building, whether vacant
or occupied; and
Any apartments, boardinghouses, group homes, lodging homes,
rooming houses, tenement houses or dormitories, or other similar buildings,
whether vacant or occupied.
Nonrotting combustible and noncombustible waste, such as
but not limited to paper, cardboard, wood, metal, glass, bedding,
furniture, refrigerators, demolition material or similar items.
In a physically deteriorating condition which, if left unabated, would cause an unsafe or unsanitary condition or a nuisance to the general public which may be evidenced by one or more of the conditions set forth in § 156-3 of this article.
An open parcel of land on the same lot with a principal building,
extending along a property line or street line and inward to the principal
building.
No owner or occupant of any real property shall permit, cause,
keep, maintain, or create a blighted premises. Any building, accessory
structure or parcel of land, including single-family, multifamily
residential or commercial, whether occupied or vacant, in which at
least one of the following conditions exists is a blighted premises:
A.
The condition of the premises poses a serious or immediate danger
to the health, safety or general welfare of the community;
B.
One or more of the following conditions exist as determined by the
Building Department:
(1)
Multiple missing, broken windows or doors or abandoned boarded structures;
(2)
Collapsing, missing or damaged walls, floors or roofs; dilapidated
chimney;
(3)
Seriously damaged or missing siding or the building is otherwise
dilapidated;
(4)
Structurally faulty foundation or walls which contain substantial
open cracks or breaks;
(5)
Accessory structures not structurally sound or in good state of repair;
(6)
Neglectful exterior property maintenance or abandonment resulting
in deterioration of the property and/or having an adverse effect on
the neighborhood, including but not limited to graffiti; accumulation
of rubbish, litter, severely unkempt/out of control brush/weeds on
any land abutting a paved public street (agricultural land exempted);
(7)
Incomplete residential exterior construction, renovation or repairs,
which remain incomplete for a year following the issuance of a building
permit;
(8)
Any parking lots where a major portion of which is left in a state
of substantial disrepair (numerous potholes, broken asphalt, etc.);
(9)
Outside storage/accumulation of junk, materials, boxes, paper, plastics,
metals and/or refuse of any kind. Accumulation/excessive collection
of a large number of possessions, including items having little value
or of little usefulness. Clutter of items that impede or prevent movement
around the property and/or prevent the outside of the property from
being used for its intended purpose.
C.
One or more of the following conditions exist, as determined by the
Health Department:
(1)
Unsanitary conditions, including rodent harborage or infestation
caused by improper storage or accumulation of garbage, trash, and/or
litter or any other cause;
(2)
Stagnant water in artificial pools or ponds or discarded tires or
other objects capable of maintaining stagnant water;
(3)
Infestation by rodents or other pests.
D.
The following condition exists as determined by the Police Department:
(1)
Any building, structure or parcel of land attracting criminal activity
as documented by police authority. The Police Department must make
a determination that the condition of the property contributes to
the criminal activity occurring on said property.
(2)
Abandoned, inoperable or unregistered motor vehicle.
[Added 11-12-2019 by Ord. No. 632]
(a)
Any abandoned, inoperable or unregistered motor vehicle on any property
within the Town unless:
(b)
Each such abandoned, inoperable or unregistered motor vehicle on
such property shall constitute a separate violation of this chapter.
(c)
In addition to the procedure set forth herein, the Chief of Police,
or his/her designee, may remove any abandoned, inoperable or unregistered
motor vehicle within the Town limits in accordance with Connecticut
General Statutes § 14-150, § 14-150a, as amended, or otherwise
enforce applicable law.
A.
Enforcement of this article shall be the responsibility of the Building Department, Health Department, Police Department and Fire Prevention Bureau as provided in the preceding § 156-3, acting separately or jointly. Nothing contained herein shall prohibit/limit the enforcement powers of any official as provided by state law and/or other local laws.
B.
The Mayor may designate additional enforcement officers as deemed
appropriate.
A.
Upon determination of violations of this article, the designated
Code Enforcement Officer shall issue a written notice of violation
to the owner and occupants of the property. Notice shall be delivered
by certified mail, return receipt requested, and/or personal service
by a state marshal or as otherwise permitted by law.
B.
Said notice shall state the violation(s) and provide for a reasonable
opportunity for the owner/occupant to remediate the blighted conditions
prior to any further enforcement/penalty.
C.
Upon request and for good cause shown, said enforcement official
may grant additional time for remediation.
D.
As provided in Connecticut General Statutes § 7-148, a
new owner or new occupant shall, upon request, be granted a thirty-day
extension of the notice and opportunity to remediate. "New owner"
is any person or entity who has taken title to a property within 30
days of the notice and "new occupant" is any person who has taken
occupancy of a property within 30 days of the notice.
E.
A notice of violation shall not be closed as satisfactorily completed
until 90 days after the remediation is finished. Any repeated violation
occurring within the 90 days shall be a violation of the original
notice of violation.
[Added 9-10-2015 by Ord.
No. 607]
A.
If the owner and/or occupant fails to correct the violation(s) after
the period stated in the notice of violation (or any extension period
granted by the enforcement official), the enforcement officer may
issue a citation.
B.
Violations of the provisions of this article shall subject the owner
and/or occupant to a civil penalty of $100 for each day a violation
continues to exist beyond the required remediation period as stated
in the written notice of violation.
Any person may contest the citation for violation(s) of this
article as per Connecticut General Statutes § 7-152c, as
amended, and as provided herein.
A.
The Mayor shall appoint one or more Citation Hearing Officers other
than an employee from any of the departments with responsibility as
a Code Enforcement Official, who shall serve until a successor is
appointed.
B.
The person aggrieved may contest his liability by delivering in person
or by mail a completed citation appeals form to the Town Clerk's
office, Town Hall, Room 108, 45 South Main Street, Wallingford, CT.
Citation appeals must be received within 10 calendars days of the
date of the issuance of the citation.
C.
The hearing shall be conducted in accordance with the procedure set
forth in Connecticut General Statutes § 7-152c, as amended:
(1)
Any
person who requests a hearing shall be given written notice of the
date, time and place for the hearing. Such hearing shall be held not
less than 15 days nor more than 30 days from the date of the mailing
of notice, provided the hearing officer shall grant upon good cause
shown any reasonable request by any interested party for postponement
or continuance. An original or certified copy of the initial notice
of violation issued by the issuing official or policeman shall be
filed and retained by the municipality, and shall be deemed to be
a business record within the scope of § 52-180 and evidence
of the facts contained therein. The presence of the issuing official
or policeman shall be required at the hearing if such person so requests.
A person wishing to contest his liability shall appear at the hearing
and may present evidence in his behalf. A designated municipal official,
other than the hearing officer, may present evidence on behalf of
the municipality. If such person fails to appear, the hearing officer
may enter an assessment by default against him upon a finding of proper
notice and liability under the applicable statutes or ordinances.
The hearing officer may accept from such person copies of police reports,
investigatory and citation reports, and other official documents by
mail and may determine thereby that the appearance of such person
is unnecessary. The hearing officer shall conduct the hearing in the
order and form and with such methods of proof as he deems fair and
appropriate. The rules regarding the admissibility of evidence shall
not be strictly applied, but all testimony shall be given under oath
or affirmation. The hearing officer shall announce his decision at
the end of the hearing (which may be continued for reasonable cause
or in order to inspect the property). If he determines that the person
is not liable, he shall dismiss the matter and enter his determination
in writing accordingly. If he determines that the person is liable
for the violation, he shall forthwith enter and assess the fines,
penalties, costs or fees against such person as provided by the applicable
ordinances of the municipality.
D.
The failure to pay the citation may result in the entry of a judgment
by the Superior Court in accordance with Connecticut General Statutes
§ 7-152c(f), as amended.
E.
Nothing herein shall prevent any Town official from pursuing any
other remedies, including injunctive relief or a referral to the State's
Attorney's office for enforcement.
Any unpaid civil penalty 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 Connecticut General Statutes § 7-148aa.
Any person who, after written notice and a reasonable opportunity
to remediate blighted conditions, willfully violates this article
with respect to housing blight, adopted pursuant to Connecticut General
Statutes § 7-148(c)(7)(H)(xv), as amended, shall be fined
by the State of Connecticut not more than $250 for each day for which
it can be shown, based on actual daily inspections, that the blighted
conditions continued to exist after written notice to the owner or
occupant and the expiration of a reasonable opportunity to remediate.
The provisions of this article shall be supplemental to existing
municipal ordinances dealing with building/housing and/or public health
or safety and shall not limit the provisions of other local, state,
or federal codes, regulations or statutes. Further, if any portion
of this article is deemed unenforceable, the remaining provisions
shall be in full force and effect.