[HISTORY: Adopted by the Board of Selectmen
of the Town of Brookfield 11-6-2000; amended in its entirety 7-6-2015. Subsequent amendments noted where applicable.]
A.Â
It is hereby found and declared that dilapidated, blighted, or deteriorating
structures, buildings and premises located within the Town of Brookfield
contribute to the decline of neighborhoods, that the existence of
such structures, buildings or premises adversely affects the economic
well-being of the Town and is inimical to the health, safety and welfare
of the residents of the Town.
B.Â
It is hereby further found that, while certain other remedies presently
exist to remediate or abate serious property deficiencies, including
blighted conditions, the adoption of this chapter has been enabled
by state law to permit such remediation and/or abatement of specific
and unacceptable property maintenance and/or blighted conditions.
C.Â
This chapter is therefore enacted pursuant to the authority granted
to the Town under C.G.S. §§ 7-148(c)(7), 7-148(c)(7)(H)(xv),
7-148-aa and 7-152c, and Connecticut Public Health Code § 19-13-B25,
and pursuant to Connecticut State Building Code Sections 115 to 117,
2005 Connecticut Supplement, as amended 2009, all as amended hereinafter.
As used in this chapter, the following terms shall have the
meanings indicated:
A building, dwelling or unit which, by any reasonably objective
observation, has been relinquished and is vacant.
Any structure, building, or parcel of land (property), including,
but not limited to, single-family or multifamily residential or commercial/industrial
property, whether occupied, abandoned or vacant, which is in such
a condition that it poses a serious long-term or immediate danger
to the community through risk of collapse, fire or infestation, or
which has been declared by the Director of Health as unfit for human
habitation, or which otherwise puts at risk the health or safety of
the citizens.
Conditions constituting blighted premises include, but are not
limited to, the following:
It is determined by the Town that existing conditions pose a
serious or immediate danger to the community because of a life-threatening
condition or a condition which puts at risk the health or safety of
citizens.
The property is not being maintained. The following factors
may be considered in determining whether a structure, building or
property is not being properly maintained:
Missing or boarded-up windows or doors;
A collapsing or missing wall;
Sagging or collapsed roof or floor;
Siding that is seriously damaged or missing;
Fire damaged;
A foundation that is seriously damaged or missing;
A foundation that is structurally faulty;
Garbage, trash or abandoned cars situated on the premises.
It is, or is becoming, dilapidated or unsafe, as determined
by the Building Official.
It is an unsafe structure as defined herein.
It has attracted illegal activity as determined by the Chief
of Police.
It is a fire hazard, as determined by the Fire Marshal.
It is a factor in materially depreciating property values in
the immediate neighborhood, because of its poorly maintained condition.
It has become a factor creating a substantial interference with
the reasonable and lawful use and enjoyment of other space within
a building or structure or of other premises within the neighborhood.
It constitutes a threat to the general health, safety or welfare
as determined by the Director of Health.
The Panel shall consist of the Building Official, Director
of Health, Fire Marshal, Zoning Enforcement Officer and the First
Selectman.
The Building Official of the Town as defined in C.G.S. § 29-260.
Any building or structure, or part thereof, that would not
qualify for a certificate of occupancy and is deemed an unsafe structure;
and any dwelling or structure, or part thereof, which is designated
as unfit for human habitation as defined in the State Building Code,
the Fire Code or the Public Health Code.
The Director of Health of the Town as defined in the C.G.S.
§ 19a-200.
Any building or structure undergoing active remodeling, restoration,
repair or renovation, provided that the blighted condition will be
corrected thereby and that the exemption period will not exceed one
year from the date of receipt by the Blight Prevention Panel of a
written complaint.
The Fire Marshal of the Town as defined in C.G.S. § 29-297.
All structures, or structures with deficient existing equipment
or fixtures, which have become unsanitary or deficient because of
inadequate means of egress facilities, inadequate light or ventilation,
or which constitute a fire hazard, or are otherwise dangerous to human
life or the public welfare, or which involve illegal or improper occupancy
or inadequate maintenance, or which are not secured against entry.
The Zoning Enforcement Officer as defined in the Brookfield Town Charter, Article VI, § C6-1A.
No owner, agent, tenant or person in control of real property
shall cause blighted or dilapidated premises, whether occupied or
not, or unsafe structures to be created or maintained within the Town
of Brookfield.
[Amended 11-4-2019]
A.Â
Determination of violation.
(1)Â
Upon receiving a written complaint of a possible violation signed
by a complainant, the matter may be referred to the proper Town official
for appropriate action within that official's jurisdiction and
authority. If a matter is proper for review by the Blight Prevention
Panel, then the Panel shall make an investigation. The Panel may also
initiate the procedures set forth in this chapter in the absence of
a complaint.
(2)Â
If after investigation, a probable violation is found to exist, the
Blight Prevention Panel shall serve written notice upon the owner/occupant
of the premises where the probable violation exists. The notice of
probable violation shall be sent in the manner prescribed to the last
known address of each owner/occupant. A copy of such notice shall
also be sent to the Chief of Police.
(3)Â
Such notice of probable violation shall state the probable violation
and the conditions evidencing such violation and require the persons
to whom it is delivered to attend a hearing before the Blight Prevention
Panel to determine whether there has been a violation and, if so,
to establish a plan for abatement of such violation, including the
date by which such violation shall be fully abated. The notice shall
also include the date, time and location of the hearing. A copy of
the notice shall also be mailed to the complainant, if applicable.
(4)Â
The Blight Prevention Panel shall hold a hearing within 30 calendar days of the date of the notice of probable violation provided in § 83-4A(2) and (3). At the hearing, all persons notified shall be given the opportunity to present evidence on the question of whether a violation of this chapter has occurred. The Panel or parties notified may call witnesses to present evidence.
(5)Â
If the owner/occupant who received the notice fails to appear, the
Blight Prevention Panel may, nevertheless, determine whether a violation
has occurred, provided the Panel has made a finding that notice was
properly served.
(6)Â
After the hearing, the Blight Prevention Panel shall make a written
determination of whether a violation exists. If the Blight Prevention
Panel determines that a violation exists, it shall include in its
written determination the actions to be taken to abate such violation
and a reasonable deadline date by which such violation shall be fully
abated.
(7)Â
If the Blight Prevention Panel determines that no violation has occurred,
no further action as to that complaint shall be taken, and the Blight
Prevention Panel shall serve written notice that no further action
as to that complaint shall be taken, to the owner/occupant of the
premises where the possible violation existed.
(8)Â
Whenever, in the judgment of the Director of Health, an emergency
exists, which requires immediate action to protect the public health,
safety or welfare, an order may be issued, without hearing or appeal,
directing the owner, agent, tenant or person in control of any blighted,
unsafe or dilapidated premises to take such action as is appropriate
to correct or abate the emergency situation. If circumstances warrant,
the Director of Health may immediately act to correct or abate such
emergency in accordance with statutory authority.
B.Â
Special consideration. Special consideration may be given to those
who require it in order to correct a violation of this chapter. Specifically,
the Blight Prevention Panel may grant an owner/occupant additional
time to correct a violation where the owner/occupant, or a person
acting on his or her behalf, establishes good cause. As used in this
section, "good cause" includes, but is not limited to, an elderly
individual who is unable to personally correct a violation due to
his or her age; a disabled individual who is unable to personally
correct a violation due to his or her disability; or an exempt property
as defined in this chapter. In determining whether good cause exists,
the Blight Prevention Panel shall consider whether other occupants
of the premises are able to assist in correcting the violation in
a timely fashion and whether the severity of the violation is such
that additional time is not warranted.
C.Â
Notice of violation.
(1)Â
Upon the determination by the Blight Prevention Panel, in accordance with Subsection A(6), that a violation of this chapter exists, the Blight Prevention Panel shall serve a written notice of violation upon the owner/occupant and shall simultaneously send to each lien holder of the subject property a copy of the notice of violation.
(2)Â
The notice of violation shall state:
(a)Â
The violation;
(b)Â
The actions to be taken to abate such violation and the date
upon which the violation shall be remedied;
(c)Â
That the failure of the owner/occupant to remedy the violation
within the prescribed time shall result in the issuance of a citation
in accordance with this chapter;
(d)Â
The amount of the daily civil penalties and any other fines
or penalties imposed pursuant to this chapter or as authorized by
statute; and
(e)Â
That if the owner/occupant fails to remove, abate or remedy
the violation, the Town may cause the remediation of the violation
at the expense of the owner/occupant.
(3)Â
Delivery of the notice of violation to the owner/occupant shall be
by one or both of the following methods:
D.Â
Extensions. The Blight Prevention Panel may grant, for good cause
shown, extensions of time for the holding of the hearing or to remediate
the violation.
E.Â
Penalties. Violations of the provisions of this chapter shall be
punishable by a civil penalty equal to the greater of $100 or the
maximum amount allowed by C.G.S. § 7-148(c)(7)(H)(xv), as
the same may be amended from time to time, for each day a violation
exists and continues beyond the date required for remediation set
forth in the notice of violation, or as extended by the Panel. Violators
will also be responsible for all costs and expenses associated with
enforcement and the collection of any civil penalties, which shall
include, but shall not be limited to, attorney fees, court costs,
mailing costs and filing fees.
F.Â
Issuance of citations.
(1)Â
A member of the Blight Prevention Panel shall issue a citation when
a violation of this chapter continues beyond the date by which the
Blight Prevention Panel required that the violation be remedied.
(2)Â
The citation shall state:
(a)Â
A description of the violation.
(b)Â
The amount of the daily civil penalties levied and that such
civil penalties shall be levied from the date of the citation, plus
such other fines, penalties, costs and/or fees due.
(c)Â
That the uncontested payment of such civil penalties, fines,
costs and/or fees shall be made within 10 business days of the date
of the citation.
(d)Â
That the owner/occupant may contest his/her liability before
a Citation Hearing Officer by delivering in person or by mail within
10 business days of the date of the citation a written demand for
a hearing.
(e)Â
That if the owner/occupant does not demand a hearing, an assessment
and judgment shall be entered against him/her and that such judgment
may issue without further notice.
(f)Â
That the Town shall file a lien against the real estate in accordance
with C.G.S. § 7-148aa for the amount of any unpaid civil
penalties or other fines, costs and/or fees imposed by the Town in
accordance with this chapter.
(3)Â
Delivery of the citation shall be by the manner provided herein for
service of the Notice of Violation. A copy of the citation shall simultaneously
be sent to each lien holder of the subject property.
G.Â
Uncontested payment; time period. Any owner/occupant receiving a
citation shall be allowed a period of 10 business days from the date
of the citation to make an uncontested payment of the civil penalties,
fines, costs and/or fees specified in the citation. All amounts shall
be made payable to the Town.
H.Â
Payment of civil penalties.
(1)Â
If the owner/occupant who has been issued a citation or a notice
of citation pursuant to this chapter wishes to admit liability for
any alleged violation, the owner/occupant may, without requesting
a hearing, pay the full amount of the civil penalties, fines, costs
and/or fees to the Blight Prevention Panel. Such payment shall be
inadmissible in any subsequent proceeding, civil or criminal, to establish
the conduct of such owner/occupant or other person making the payment.
(2)Â
If an owner/occupant does not deliver or mail payment or a written
demand for a hearing within 10 business days after the date of the
citation, the Blight Prevention Panel shall issue a notice of citation
to said owner/occupant within 12 months after the date that the ten-day
period for uncontested payment of the citation civil penalties, other
fines and costs expired. The notice of citation shall state:
(a)Â
A description of the violation;
(b)Â
The amount of the daily civil penalties levied and that such
civil penalties shall be levied from the date of the citation, plus
such fines, penalties, costs and/or fees due;
(c)Â
That the uncontested payment of such civil penalties, fines,
costs and/or fees shall be made within 10 business days after the
date of the notice of citation;
(d)Â
That the owner/occupant may contest his/her liability before
a Citation Hearing Officer by delivering a written demand for a hearing
in person or by mail within 10 business days after the date of the
notice of citation;
(e)Â
That if the owner/occupant does not demand a hearing, an assessment
and judgment shall be rendered against him/her and that such judgment
may issue without further notice; and
(f)Â
That the Town shall file a lien against the subject real estate
in accordance with Connecticut General Statutes Section 7-148aa for
the amount of any unpaid civil penalties or other fines, costs and/or
fees imposed by the Town in accordance with this chapter.
If an owner/occupant does not deliver or mail payment or a written demand for a hearing within 10 business days after the date of the notice of citation, he/she shall be deemed to have admitted liability, and the Blight Prevention Panel shall certify to the Citation Hearing Officer that such owner/occupant has failed to respond. The Citation Hearing Officer shall thereupon enter and assess the civil penalties, other fines, costs and/or fees provided for by this chapter and shall follow the procedures set forth in this chapter and issue a citation decision and notice of assessment to the owner/occupant and process the matter in accordance with § 83-4I(4).
I.Â
Hearing procedure for citations.
(2)Â
An owner/occupant who chooses to appeal a citation and requests a
hearing to this effect shall be given written notice of the date,
time and place for the hearing. Such hearing shall be held not less
than 15 calendar days nor more than 30 calendar days from the date
of the citation or notice of citation, provided the Citation Hearing
Officer shall grant, upon good cause shown, any reasonable request
by a party for a postponement or continuance. An original or certified
copy of the citation issued by the Blight Prevention Panel shall be
filed with and retained by the Town and shall be deemed to be a business
record within the scope of C.G.S. § 52-180 and evidence
of the facts contained therein. Upon request of the person appealing
the citation, the presence of the Blight Prevention Panel member who
issued the citation shall be required at the hearing. A member or
members of the Panel and/or a designated Town official, other than
any Citation Hearing Officer, may present evidence on behalf of the
Town. An owner/occupant wishing to contest liability shall appear
at the hearing and may present evidence on his/her behalf. If the
owner/occupant who received the citation 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
and this chapter. The Citation Hearing Officer may accept from such
owner/occupant copies of any relevant investigatory and citation reports,
and/or any other official documents, by mail and may determine thereby
that the appearance of such person is unnecessary.
(3)Â
The Citation Hearing Officer shall conduct the hearing in the order
and form, and with such methods of proof, as the Hearing Officer 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
decision at the end of the hearing. If the Citation Hearing Officer
determines that the owner/occupant is not liable, the Citation Hearing
Officer shall dismiss the matter and enter that determination, in
writing, accordingly. If the Citation Hearing Officer determines that
the owner/occupant is liable for the violation, the Citation Hearing
Officer shall forthwith enter and assess the civil penalties, fines,
costs and/or fees as provided by this chapter.
(4)Â
If the Citation Hearing Officer's assessment is not paid on
the date of its entry, the Citation Hearing Officer shall send, by
first-class mail, a citation decision and notice of assessment to
the owner/occupant found liable and shall file, not less than 30 calendar
days nor more than 12 months after such mailing, a certified copy
of the notice of assessment with the Clerk of the Superior Court designated
by the Chief Court Administrator, together with the applicable entry
or filing fee. The certified copy of the notice of assessment shall
constitute a record of assessment. Within such twelve-month period,
assessments against the same owner/occupant may be accrued and filed
as one record of assessment. The Clerk shall enter judgment in the
amount of the Citation Hearing Officer's record of assessment,
as well as court costs, against such owner/occupant in favor of the
Town. The Citation Hearing Officer's assessment, when so entered
as a judgment, shall have the effect of a civil money judgment, and
a levy of execution of such judgment may issue without further notice
to the owner/occupant.
(5)Â
An owner/occupant against whom an assessment has been entered pursuant
to this chapter is entitled to judicial review by way of appeal in
accordance with C.G.S. § 7-152c(g).
J.Â
Recording of lien. Any unpaid civil penalty or other fine imposed
pursuant to the provisions of this chapter, and any and all costs
and expenses incurred by the Town for the enforcement of this chapter,
shall constitute a lien upon the real estate against which the civil
penalty or other fine was imposed from the date of such civil penalty
or fine. Each such lien may be continued, recorded and released in
the manner provided for in C.G.S. § 7-148aa. Each such lien
shall take precedence over all other liens filed after July 1, 1997,
and encumbrances, except taxes, and may be enforced in the same manner
as property taxes.
K.Â
Removal or remediation by Town. If the hearing officer determines
the owner/occupant is liable for the violation, the Town may cause
or take such action as is necessary to correct the violation. All
costs and expenses of such corrective action shall be a lien upon
the real estate. The Blight Prevention Panel shall cause a certificate
of lien to be recorded in the Town Clerk's office within 60 calendar
days after completion of such corrective action if all costs and expenses
thereof are not reimbursed in full by said owner/occupant.
[Amended 9-4-2018]
The provisions of this chapter shall be in addition to all remedies
civil or criminal provided to the Town or its officials by any local,
state or federal statute or regulation, including, without limitation,
the provisions of the State Building Code, the State Fire Code and
the State Public Health Code, Zoning Regulations or other sections
of the Town Code. The election of the Town to pursue the remedies
provided by this chapter shall not preclude the Town from pursuing
any other remedies available to it.
A.Â
In addition to the remedies provided by § 83-4, if the Building Official or Fire Marshal determines that any premises are in an unsafe condition, or the Director of Health finds that any premises is unfit for human habitation or violates the Connecticut General Statutes governing public nuisances or the Zoning Enforcement Officer determines that zoning violations exist, the Building Official, Fire Marshal, Zoning Enforcement Officer or Director of Health may serve upon the owner of the premises a notice detailing the condition deemed unsafe or constituting a threat to health, safety or general welfare and specifying the required repairs or improvements to be made to abate the unsafe, unsightly, unhealthy or nuisance conditions. The notice may require that any building or structure that has been determined to be a fire hazard or otherwise dangerous to human life or the public welfare, in accordance with General Statutes Section 29-253(b), be demolished within a certain time period. The notice shall be delivered to the owner personally or sent by certified mail to the last known address of the owner. If neither method is successful, the notice shall be posted on the premises in a conspicuous place. In the event that the owner, agent, tenant or person in control fails to comply with the terms of the order within the reasonable timeframe set forth in the order, the Building Official, Fire Marshal, Zoning Enforcement Officer or Director of Health shall refer the matter to the Blight Prevention Panel, which may: 1) instruct the Town Attorney to take appropriate enforcement action in the courts, including, but not limited to, the commencement of an injunction action; or 2) proceed in accordance with § 83-5B herein.
B.Â
Demolition.
(1)Â
The Blight Prevention Panel shall order a building or structure to
be demolished if it has been designated by the Panel as unfit for
human habitation and the Panel determines that the building or structure
constitutes a fire hazard or is otherwise dangerous to human life
or the public welfare, in accordance with General Statutes Section
29-253(b), has been posted or placarded on site as such, has been
vacated, and has not been put into proper repair so as to rescind
the designation or determination by the Panel.
(2)Â
The owner of any building or structure which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in § 83-5A and shall be given a reasonable time, not to exceed 120 days, in which to demolish such building or structure. This notice is required even if notice was previously given pursuant to §83-5A.
(3)Â
When the owner fails, neglects or refuses to demolish any building
or structure within the requisite time, the Blight Prevention Panel
may: a) instruct the Town Attorney to apply to a court of competent
jurisdiction for a demolition order and/or other legal remedies; or
b) if the Blight Panel has determined that the building or structure
constitutes a fire hazard or is otherwise dangerous to human life
or the public welfare, then, in accordance with General Statutes Section
29-253(b), the Town can proceed directly with demolition of the offending
building or structure. The cost of such demolition shall create a
debt in favor of the Town of Brookfield against such owner, and the
Town may record a lien, within 30 days after the date that such demolition
work has ceased, in the principal amount of such costs and expenses
in accordance with General Statutes Section 49-73b, and shall give
notice to the owner of the property in the same manner as set forth
in General Statutes Section 34-34. Such costs shall be recoverable
in a civil foreclosure or other action brought by the Town of Brookfield
which shall possess all the rights of a municipal tax collector or
as otherwise provided by law.
(4)Â
Whenever a building or structure is demolished, whether carried out
by the owner or by the Director of Health, such demolition shall include
the filling in of the excavation on which the demolished building
or structure was located in such manner as to eliminate all potential
danger to the public health, safety and welfare arising from such
excavation.
(5)Â
All demolition shall be preceded by an inspection of the premises
by the Director of Health to determine whether or not extermination
procedures are necessary. If the premises is found to be infested,
appropriate rodent extermination to prevent the spread of rodents
to adjoining or other areas shall be instituted before, during and
after demolition.