[HISTORY: Adopted by the Board of Selectmen of the Town of
Colchester 12-9-2016. Amendments
noted where applicable.]
A.
It is declared
that the presence of blighted properties adversely affects the quality
of life of the residents and the economic well-being of the Town of
Colchester.
B.
The purpose
of this chapter is to define, prohibit, and abate blights; to protect,
preserve, and promote public health, safety and welfare; and to preserve
and protect property values within the Town of Colchester.
C.
This chapter
is adopted pursuant to Connecticut General Statutes § 7-148(c)(7)(H)(xv)
and is deemed to be a Blight Ordinance.
A.
This chapter shall apply uniformly to the maintenance of all residential,
nonresidential, commercial/industrial, and undeveloped premises now
in existence or hereafter constructed, maintained, modified or abandoned/vacated.
The following shall be excluded: agricultural lands as defined in
Section 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; and areas designated on Town of Colchester
maps as inland wetlands and watercourses.
B.
No owner of real property located in the Town of Colchester shall allow, create, maintain, or cause to be created or maintained a blighted property as detailed in § 16-3 of this chapter. This chapter recognizes all applicable State of Connecticut statutes and Town of Colchester codes, such as building codes, zoning codes, fire codes and health codes.
As used in this chapter, the following terms shall have the
meanings indicated:
A multidisciplined committee designated to enforce the provisions
of this chapter. It shall be comprised of the Town's Building
Official, Zoning Enforcement Official, Director of Health or any designee
of the aforementioned and any other Town of Colchester employee designated
by the Board of Selectmen.
Any building, structure or parcel of land, including without
limitation, single-family or multifamily residential, industrial or
commercial, whether occupied or vacant in which at least one of the
following conditions exists:
It is deemed an unsafe structure or designated as unfit for
human habitation by the Building Official;
It is a fire hazard as determined by the Fire Marshal or as
documented by a Fire Department Officer;
It is determined by the Director of Health or designee 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 adequately maintained and is visible from either
the street or from an adjacent property. The following factors shall
be considered in determining whether a premises is not being adequately
maintained:
Multiple missing, broken or boarded windows or doors.
Collapsing, seriously damaged, or missing walls, roof, siding
or other exterior features including but not necessarily limited to
stairs, porches, railings, hatchways, chimneys or floors.
Persistent accumulation of garbage or trash on the premises.
Chronically neglected and/or inoperable motor vehicles, camper
trailers, or boats being stored on the premises, unless garaged, for
a period of time in excess of 60 days; or two or more unregistered
motor vehicles in the public view, pursuant to Section 14-150a of
the Connecticut General Statutes.
Outside storage, for a period of time in excess of 60 days,
of material or equipment which is incapable of performing the function
for which it is designed, including, but not limited to, parts of
automobiles, furniture, appliances, cans, boxes, scrap metal, tires,
batteries, or containers.
Rodent harborage and/or infestation.
Dead, decayed, diseased or damaged trees constituting a hazard
or danger to adjacent premises or the occupants thereof or to public
property or persons lawfully therein.
Chronically overgrown grass, weeds, or similar vegetation that
is allowed to reach and remain at a height of 12 inches or greater;
cultivated gardens and areas maintained in their naturally wooded,
field, or shoreline state are specifically excluded from the height
requirement so stated.
Commercial parking areas left in a state of disrepair or abandoned.
An individual who administers the State Building Code and
any applicable ordinances of the Town.
An individual appointed by the Board of Selectmen to conduct
official hearings authorized by this chapter, who may not be a police
officer or a Town employee or person who issues citations on behalf
of the Town.
An individual who administers state health regulations applicable
to this chapter.
The individual who the Blight Enforcement Committee designates
to investigate and to act upon the complaint.
The notification that fines and the penalties are being assessed
against the owner of the premises for the violation of this chapter.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
The initial notification in writing of a violation to the
owner of the premises.
The purpose for which a building or portion thereof is utilized
or occupied.
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state or municipality as holding title to
the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession
of real property by a court.
A lot or parcel and all buildings, structures, or uses located
thereon.
An individual who oversees and enforces the Town's Land
Development Regulations\, otherwise known as "zoning regulations."
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 that are 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 health, safety and property values of the residents of the Town
shall prevail.
C.
This chapter shall not affect violation of any other ordinances,
code or regulation existing prior to the effective date of this chapter,
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 occurred.
The premises under control of the owner, including the agents
thereof, are subject to this chapter, and 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 officers thereof shall be jointly and severally responsible with
the corporation or other legal entity.
Complaints by residents of the Town of Colchester shall be submitted
to the First Selectman or his/her designee. The First Selectman or
a designee shall forward the complaint to the Blight Enforcement Committee
who shall assign an appropriate designated enforcement official.
A.
Whenever the Blight Enforcement Committee or designated enforcement official determines that there has been a violation of any provision of this chapter, except as to § 16-3, the definition of "blighted premises," Subsection D(4) pertaining to unregistered motor vehicles, the designated blight enforcement official shall give notice of the violation to the owner of the premises responsible therefor, as hereinafter provided. Such notice shall:
(1)
Be in writing.
(2)
Set forth the violation(s) of this chapter.
(3)
Specify a final date which will be at least 30 days and not exceed
60 days for the correction of any violation.
(4)
Be served upon the owner or owner's agent; provided that such
notice shall be deemed to be properly served upon such owner or agent,
or upon such occupant, as by any method authorized or required under
the laws of this state.
(5)
Contain an outline of remedial action which, if taken, will result
in the permanent compliance with the provisions of this chapter.
(6)
State the penalties and enforcement provisions of this chapter that
will become effective on the final date set for the correction of
any violation.
B.
Whenever the designated blight enforcement official determines that there has been a violation of § 16-3, the definition of "blighted premises," Subsection D(4), the enforcement official shall give notice of such violation to the person responsible. The notice shall be in compliance with above Subsection A and any applicable Town of Colchester Land Development Regulations specific to camper units or recreational vehicles and junk vehicles as well as include the following:
(1)
The notice shall specify that the owner has 30 days to correct the
violation by removing the vehicle or registering it;
(2)
The person notified in accordance with this section who fails to
correct any violation by the date specified in said notice shall be
in violation of this chapter and subject to its penalties and enforcement
procedures.
A.
Within 10 days of receiving a notice of violation in accordance with § 16-7, the owner of the premises may request a preliminary meeting to discuss the notice of violation with the designated blight enforcement official who issued the notice of violation or the Blight Enforcement Committee. The preliminary meeting shall be held within 10 days following the receipt of a written request by the property owner for such a preliminary meeting.
B.
At the preliminary meeting, a proposed remedial action plan to fully
correct any violation(s) of this chapter shall be discussed and agreed
upon in writing with the owner.
C.
The purpose of the preliminary meeting is to develop a voluntary
remedial action plan in lieu of the formal enforcement citation and
penalties as set forth in this chapter. Any voluntary remedial action
plan will be subject to the requirements, time limits and other factors
as stated in this chapter.
D.
Nothing contained in this § 16-8 shall be construed as limiting the Town of Colchester's rights and remedies under this chapter, and the Town reserves the right to proceed at any time with the enforcement of penalties against the owner(s) who does not comply with the proposed voluntary remedial action plan.
A.
The designated blight enforcement official is authorized to issue
a citation if a violation remains unabated after the final correction
date as set forth in the notice of violation or in the preliminary
meeting voluntary remedial action plan. The citation shall:
(1)
Be in writing.
(2)
State the address of the affected property.
(3)
Identify the nature (description) of the violation and the remedial
action that is required to be in compliance.
(4)
State the penalty amounts and enforcement actions of a lien as outlined in § 16-10 for the continued violation of this chapter.
(5)
Specify a final date of at least 30 days, but not to exceed 60 days,
for correction of the violation.
(6)
State the right to appeal the citation.
B.
The citation must be mailed by either certified mail, with a return
receipt requested, or by electronic mail with a read-receipt sent
to the owner or owner's agent of the property. This notice must
also meet the same standards as the notices to remedy a health, housing,
or a safety code violation.
A.
Within 10 days of receipt of a written citation, the owner may request
an appeal of the blight violation and penalties by filing a written
request with the First Selectman's Office.
B.
Appeals of any action by the Blight Enforcement Committee or any
member of the Committee or any other Town employee or Town-appointed
designee shall be heard by a citation hearing officer appointed by
the Board of Selectmen. The Connecticut Uniform Administrative Procedures
Act shall guide the hearing officer. Connecticut General Statutes
Section 7-152c establishes the appeal and citation hearing process
for all appeals under this chapter.
C.
The designated blight enforcement official shall attend the hearing.
A.
Each violation of this chapter shall be considered a separate offense,
and for each day that any violation continues beyond the final correction
date set in the notice of violation, or voluntary remedial action
plan, it shall constitute a separate offense. Each separate offense
under this chapter shall have a penalty or fine of $50 per day for
the first 30 days of the citation. The fee will increase to an amount
of $100 per day for continuation of the violation and any unpaid fine
after 31 days.
B.
The designated enforcement official or the citation hearing officer
is not permitted to waive any assessed fines.
C.
Penalties or fines may include the recovery of all costs associated
with the violation incurred by the Town of Colchester, including attorney's
fees and/or remediation costs.
D.
Payment of the assessed fine, penalty or the issuance of a lien will
not remove the property owner from the responsibility to correct the
blighted condition(s).
E.
Any fines or penalties unpaid after 60 days may constitute the placing
of a lien upon the real estate in accordance with Connecticut General
Statute Section 7-148aa. Such lien shall be continued, recorded and
released as provided in the aforementioned Connecticut General Statutes.
F.
All fines are to be made payable to the Town of Colchester at the
Town Clerk's office. A dated receipt will be required as a proof
of the payment. Proof of the correction of the blighted premises will
require a site visit by the designated Town official who issued the
notice of violation and citation. A written statement confirming that
the blighted conditions were corrected will be submitted by the designated
Town official to the First Selectman's office for final approval.
