[HISTORY: Adopted by the Town Council of the Town of Plainville 6-1-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 180.
Numbering of buildings — See Ch. 185.
Fires and fire prevention — See Ch. 219.
Historic preservation — See Ch. 238..
Housing Code — See Ch. 243.
Littering — See Ch. 257.
Solid waste — See Ch. 341.
Streets, sidewalks and driveways — See Ch. 347.
A.
This chapter is intended to protect, preserve and promote public
health, safety and welfare; to prevent and control the incidence of
communicable disease; and to reduce environmental hazards to health,
safety and welfare, insofar as they are affected by the maintenance
of residential and nonresidential structures, equipment and premises
as provided by this chapter. This chapter is further intended to provide
minimum standards governing the condition, occupancy and maintenance
of occupied and unoccupied premises and establish reasonable safeguards
for the health, safety and welfare of the occupants and users of said
premises, the community and the general public. This chapter is intended
to maintain and preserve the beauty of the Town's neighborhoods
and to allow for the remediation of blighted premises as well as the
reasonable and peaceful enjoyment of one's real property pursuant
to its zoning designation.
B.
This chapter shall establish the minimum standards and responsibilities
for the maintenance of all premises and delegates administrative responsibility
and enforcement powers and creates enforcement procedures.
C.
This chapter is adopted in accordance with the provisions of Connecticut
General Statutes §§ 7-148(c)(7)(H)(xv), 7-148aa and
7-152c.
D.
This chapter prohibits any owner, lessee or occupier, as defined
herein, from allowing, creating, maintaining, or causing to be created
or maintained a blighted premises within the Town.
A.
This chapter shall apply uniformly throughout the Town to the maintenance,
use and occupancy of all premises now in existence or hereafter constructed,
maintained or modified and shall include:
(1)
Dwellings or dwelling units, including one-family and two-family
dwellings and buildings with multiple-unit dwellings.
(2)
Lots, plots or parcels of land whether vacant or occupied.
(3)
Buildings of non-dwelling use, including commercial properties and
mixed-use properties that may include one or more dwelling units.
(4)
Accessory structures to any building.
(5)
All apartments, boardinghouses, group homes, lodging houses, rooming
houses, tenement houses and unrelated family units.
The following definitions apply to this chapter:
A structure, the use of which is customarily incidental and
subordinate to that of the principal building, structure or use on
the same lot.
Any building or structure, or any part of a structure that
is a separate unit, or a parcel of land, or any accessory structure,
or fence, where the Town Manager and/or his/her designee determines
that one or more of the following conditions exists:
The existing conditions pose a serious threat to the health,
safety and welfare of Town citizenry;
The building or structure, or any part of a structure that is
a separate unit, or a parcel of land, or any accessory structure,
or fence (the "premises"), is not being properly maintained, as evidenced
by the existence, to a significant degree, of one or more of the following
conditions:
Missing, broken or boarded windows or doors;
Collapsing or deteriorating exterior walls, roofs, stairs, porches,
handrails, railings, basement hatchways, chimneys, flues, or floors;
Exterior walls which contain holes, breaks, or loose or rotting
materials or which are not properly surface coated to prevent deterioration;
Foundation walls which contain open cracks and breaks;
Tarps and other types of plastic coverings.
Overhang extensions, including but not limited to canopies,
marquees, signs, awnings, stairways, fire escapes, standpipes and
exhaust ducts, which contain rust or other decay;
Chimneys and similar appurtenances which are in a state of disrepair;
Insect screens which contain tears or ragged edges;
Garbage or trash improperly stored or accumulated on the premises
or abandoned vehicles on the premises (unless the premises is a junkyard
licensed by the State of Connecticut);
Overgrown grass or weeds at least 10 inches in height;
Vermin infestations;
In the case of a fence, broken or rotted boards or an otherwise
dilapidated condition; or
Any other exterior condition reflecting a level of maintenance
which is not in keeping with community standards or which constitutes
a blighting factor for adjacent property owners or occupiers or which
is an element leading to the progressive deterioration of the neighborhood;
The premises is attracting illegal activity as documented in
Police Department records;
The premises is a fire hazard as determined by the Fire Marshal
or as documented in the Fire Department records; and/or
The premises is a factor creating a substantial and unreasonable
interference with the use and enjoyment of other premises within the
surrounding area as documented by neighborhood complaints, police
reports, the cancellation of insurance on proximate properties, or
similar circumstances.
An individual(s) appointed by the Town Manager to conduct
hearings authorized by this chapter.
The local norms regarding the condition, upkeep, and maintenance
of property by an owner or occupier, as determined by the judgment
of a similarly situated reasonable owner or occupier or member of
the same neighborhood.
Includes any applicable amendments.
Inherently incapable of performing the function for which
designed by virtue of parts missing or essential components broken
or severely damaged, and/or incapable of being registered or fit for
the intended use.
Occupancy in accordance with state building and fire ordinances,
local zoning regulations, local housing ordinances and all other pertinent
ordinances.
Includes automobiles, cars, trucks, camp trailers, boat trailers,
mobile homes, motorcycles, or any other wheeled vehicle designed or
used for highway use and required to be registered by the State Department
of Motor Vehicles.
An 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, institution, foundation, entity or authority
which owns, leases, rents, possesses, or is responsible for property
within the Town.
Any premises or parcel of land within 1,000 feet of a blighted
premises.
Any solid, liquid, semisolid or contained gaseous material,
including but not limited to demolition debris, trash, refuse, and
the like.
Includes used or secondhand household, construction, business
or industrial equipment.
Includes parts of motor vehicles (parts of other types of
vehicles) or old iron, metal, glass, paper, cordage or other waste,
discarded or secondhand material.
A 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.
Any condition defined herein as blighted property that is
visible from any public or private proximate land from any viewing
angle on such land.
A.
Signs. All permanent signs and billboards exposed to public view
permitted by reason of other ordinances or laws shall be maintained
in good repair. Any signs which have excessively weathered or faded
or those upon which the paint has excessively peeled or cracked or
whose supporting members have deteriorated shall be removed forthwith
or put into a good state of repair by the owner of the sign.
B.
Awnings and marquees. Any awning or marquee and its accompanying
structural member which extends over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event that such
awnings or marquees are not properly maintained in accordance with
the foregoing, they shall, together with their supporting members,
be removed forthwith. In the event that said awnings or marquees are
made of cloth, plastic or of similar materials, said cloth or plastic
where exposed to public view shall be maintained in good condition
and shall not show evidence of excessive weathering, ripping, tearing
or other holes. Nothing herein shall be construed to authorize any
encroachment on streets, sidewalks or other parts of the public domain.
A.
Every owner/occupier of properties upon which a building exists,
or who is in possession of a vacant lot in an approved subdivision
which fronts on a paved public road and to which a public water and/or
public sewer lateral has been provided, shall cut, to a height of
not more than 10 inches, all grass, weeds and similar vegetation not
planted as a crop to be harvested or for ornamental purposes.
B.
Every owner/occupier of property shall keep his/her property free
from vegetation of any type which, in the opinion of the Town Manager
or his/her designee, is injurious to public health.
C.
Any violation of Subsection A or B shall constitute a nuisance which may be abated by the Town at the expense of the owner, lessee or any other person in possession or any one or more of them to whom the Town Manager or his/her designee has given not less than 10 days' written notice of intention to abate such nuisance. Such expense may be collected by the Town in a civil action against any one or more of the above-named persons responsible therefor.
A.
Accumulation restricted. It shall be unlawful for an owner/occupier
to allow solid waste to accumulate anywhere on premises in the Town
in such a manner as to create an offensive, unsightly or unsanitary
condition.
B.
Storage requirements. Unless otherwise prohibited by the zoning regulations
of the Town of Plainville, property use resulting in the stacking
or piling of materials, including equipment, even if wanted and useful,
must be so arranged as to prohibit the creation of a blighting factor
to its neighbors. Furthermore, all useful, wanted material, including
equipment, stored out of doors shall be stored in an orderly fashion
and, to the extent reasonably feasible, shall be located in the rear
yard.
A.
No unsightly materials or equipment shall be stored or kept out of
doors in any residential zone in the Town of Plainville for a period
exceeding five days unless such materials or equipment is intended
for bona fide construction for which a permit has been issued by the
Building Department.
B.
No unsightly materials or equipment shall be stored or kept in any
industrial or commercial zone in the Town of Plainville for a period
exceeding five days unless such materials or equipment is intended
for bona fide construction for which a permit has been issued by the
Building Department or screened from public view by means of natural
or artificial screening.
A.
No unregistered or inoperable motor vehicles shall be stored, parked
or kept out of doors in Plainville for a period exceeding five days.
B.
Exceptions.
(1)
Licensed garages, service stations, and new or used car lots are
outside the scope of this chapter and such uses shall continue to
be regulated by the provisions of the Plainville Zoning Regulations
or by the Connecticut General Statutes.
(2)
This chapter shall not apply to mobile homes which are operable,
capable of being registered, and fit for occupancy.
(3)
This chapter shall not apply to operable unregistered motor vehicles
owned by persons serving in the Armed Forces of the United States
outside the State of Connecticut. Such persons shall be required to
submit evidence satisfactory to the Building Inspector to qualify
for the exception.
(4)
In industrial and commercial zones, this chapter shall not apply
to operable commercial vehicles/equipment that may be seasonably registered
due to the nature of the business involved or to operable commercial
vehicles that are not customarily registered because of the type of
work for which they are used, provided they are screened from public
view by means of natural or artificial screening.
The owner or occupant of premises subject to this chapter, including
the agents thereof, shall be jointly and severally obligated to comply
with the provisions of this chapter. Whenever the person, as herein
defined, is a corporation or other legal entity, the statutorily required
officers thereof shall be jointly and severally responsible with that
corporation or other legal entity.
A.
Any individual, civic organization, municipal agency, or Town employee
affected by the action or inaction of an owner/occupier of property
subject to the provisions of this chapter may file a complaint of
violation of this chapter with the Town Manager or his/her designee.
B.
The Town Manager or his/her designee, upon his or her determination
whether there is a violation of this chapter, may forward a notice
of violation warning letter to the owner/occupier.
C.
Such a notice of violation warning letter from the Town Manager or
his/her designee shall be issued prior to issuing a citation, and
the notice of violation warning letter shall include:
(1)
A description of the real estate sufficient for identification;
(2)
A statement of the violation(s) alleged to exist and the remedial
action(s) required;
(3)
A due date, within a reasonable time, for the performance of any
remedial action(s) required; and
(4)
The amount of the fines, penalties, costs or fees that may be imposed
for noncompliance.
D.
In addition, the Town Manager or his/her designee may send a copy
of the notice of violation warning letter to each individual or entity
with a recorded lien on the real property by first-class mail addressed
to the lienholder's last known address. However, lack of this
notice to any lienholder shall not relieve the owner/occupier from
remediating the violation(s) or from paying any fine(s).
E.
The owner/occupier may not contest a notice of violation warning
letter before a citation hearing officer.
F.
Delivery of a notice of violation warning letter or citation to the
owner/occupier shall be by one or more of the following methods:
(1)
By personal delivery to the owner/occupier or by leaving the notice
of violation warning letter or citation at the usual place of abode
of the owner/occupier with a person of suitable age and discretion;
(2)
By certified, registered or regular mail addressed to the owner/occupier
at his last known address, with postage prepaid thereon; or
(3)
By posting and keeping posted for 24 hours a copy of the notice of
violation warning letter or citation in placard form in a conspicuous
place on the premises.
G.
Notwithstanding the foregoing, the Town Manager or his/her designee
may elect to first provide informal verbal notice to the owner or
owner's agent and the occupant of the property in an attempt
to resolve this matter prior to formal written notice being sent.
A.
If the remedial action(s) specified in the notice of violation warning
letter is not timely performed, the Town Manager or his/her designee
shall issue a written citation to the owner/occupier.
B.
A citation shall be in writing and include:
(1)
A description of the real estate sufficient for identification;
(2)
The violation(s) which is alleged to exist and the remedial action
required;
(3)
Detailed information regarding the contents of the notice of violation
warning letter (which may be satisfied by enclosing a copy of such
issued notice of violation warning letter) and the failure of the
owner/occupier to timely perform the corrective actions specified
therein;
(4)
The amount of the fines, penalties, costs or fees due for noncompliance;
(5)
A statement that the owner/occupier may contest his liability and
request a hearing before the citation hearing officer by delivering
in person or by mail written notice of objection within 10 days of
the date of receipt of the citation; and
(6)
The statement that if the owner/occupier does not timely demand such
a hearing, an assessment and judgment shall be entered against him
without any further notice.
D.
In addition, the Town Manager or his/her designee may send a copy
of such citation to each individual or entity with a recorded lien
on the real property by first-class mail addressed to the lienholder's
last known address. However, lack of this notice to any lienholder
shall not relieve the owner/occupier from remediating the violation(s)
or from paying any fine(s).
A.
An owner/occupier may request a hearing after receiving a citation.
Said owner/occupier must make his/her request for a hearing to the
Town Manager or his designee within 10 days of his/her receipt of
the citation.
B.
The citation hearing officer is designated to conduct hearings in
accordance with Connecticut General Statutes § 7-152c when
timely requested by an owner/occupier who has been cited under this
chapter.
C.
If the person who is sent notice pursuant to § 300-10 of this chapter wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the assessed fines, penalties, costs or fees in person or by mail to the Town Manager. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of receipt of the citation shall be deemed to have admitted liability, and the Town Manager shall certify such person's failure to respond to the citation hearing officer. The citation hearing officer shall thereupon enter and affirm the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in Connecticut General Statutes § 7-152c(f).
D.
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 citation 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 Town Manager or his/her
designee shall be filed and retained by the Town and shall be deemed
to be a business record within the scope of Connecticut General Statutes
§ 52-180 and evidence of the facts contained therein. The
presence of the Town Manager and/or his/her designee 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 Town official, other than the citation
hearing officer, may present evidence on behalf of the Town. If such
person fails to appear, the citation 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 citation
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 citation 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 citation hearing officer shall announce his/her
decision at the end of the hearing. If the citation hearing officer
determines that the person is not liable, the citation hearing officer
shall dismiss the matter and enter his/her determination in writing
accordingly. If the citation hearing officer determines that the person
is liable for the violation, the citation hearing officer shall forthwith
enter and assess the fines, penalties, costs or fees against such
person as provided by the applicable ordinances of the Town.
E.
Pending the hearing before the citation hearing officer, no further enforcement activity as contemplated by § 300-14 shall occur until either a hearing is held and the citation hearing officer assesses fines, penalties, costs and/or fees or until the petitioner fails to appear for a scheduled hearing and the citation hearing officer assesses fines, penalties, costs and/or fees. This section shall not preclude the accrual of fines during the period from the issuance of the citation until a hearing is held.
F.
The Town hereby specifically adopts the provisions of Connecticut
General Statutes § 7-152c for the establishment of an appeal
and citation hearing process for considering all appeals under this
chapter.
The Town Manager shall appoint, and the Town Council shall confirm,
the number of citation hearing officers he/she deems necessary. Each
citation hearing officer must be a Plainville resident.
A.
The owner/occupier of premises where a violation of any of the provisions
of this chapter shall exist or who shall maintain any building or
premises in which such violations exist may:
(1)
Be fined not more than $100 for each violation. Each day that a violation exists after a citation as described in § 300-11 is given to the owner/occupier shall constitute a new violation and a fine may be imposed for each such violation;
(2)
Be required to abate the violation at the owner/occupier's expense;
and/or
(3)
Be subject to the Town's remediation of the condition(s) and
assessing the costs of said remediation against the subject property
by levying a lien on the subject real estate.
B.
A lien on real estate may be recorded by the Town Manager or his/her
designee where the fine for violation of the blighted premises provisions
of this chapter remains unpaid, and such recorded lien shall constitute
a lien upon the real estate against which the fine was imposed from
the date of such fine. Each such lien may be continued, recorded and
released in the manner provided by the general statutes for continuing,
recording and releasing property tax liens. Each such lien may be
enforced in the same manner as property tax liens, including foreclosure
of the real property.
C.
Where the Town Manager determines that a blighted condition exists, or any other violation of this chapter, which finding has become final through the failure of the owner/occupier to timely seek a hearing to contest liability before a hearing officer or due to the determination of the owner/occupier's liability by a hearing officer, the Town Manager or his/her designee may order the remediation of the condition and assess the costs against the subject real estate in the form of a lien which shall be recorded in the land records in the same manner as provided in Subsection B above and/or Connecticut General Statutes § 12-169b.
D.
In addition to all other remedies and any fines imposed herein, the
provisions of this chapter may be enforced by injunctive proceedings
in the Superior Court. The Town may recover from such owner/occupier
or other responsible person any and all costs, fees, losses or damages,
including reasonable attorney's fees, expended by the Town in enforcing
the provisions of this chapter.
A.
Any person aggrieved by any order, requirement or decision of the
citation hearing officer may take an appeal in accordance with Connecticut
General Statutes § 7-152c(g).
B.
Notwithstanding anything herein to the contrary, special consideration
may be given to individuals who are elderly or disabled and who demonstrate
that the violation results from an inability to maintain an owner-occupied
residence and no person with that ability resides therein. Such special
consideration shall be limited to the reduction or elimination of
fines and/or an agreement that the Town or its agents may perform
the necessary work and place a lien against the premises for the cost
thereof in accordance with the provisions of this chapter.
A.
Where terms are not specifically defined in this chapter, they shall
have their ordinarily accepted meaning or such meaning as the context
may imply.
B.
The provisions of this chapter shall not be construed to prevent
the enforcement of other ordinances or regulations of the Town of
Plainville.
C.
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 provision of the Charter and municipal ordinances
of the Town of Plainville or the State of Connecticut, the provision
which establishes the higher standard for the promotion and protection
of the health and safety of the people of the Town of Plainville shall
prevail.
