Town of Somers, CT Chapter 145 Property Maintenance

[HISTORY: Adopted 3-15-2018 by the Board of Selectmen of the Town of Somers, effective 4-5-2018. Amendments noted where applicable.]

§ 145-1 Purpose.

This chapter is intended to provide minimum standards governing the condition, occupancy and maintenance of occupied and unoccupied premises, and to protect, preserve, and promote public health, safety and welfare. This chapter is further intended to establish responsibilities for the maintenance of all premises, delegates administrative responsibility and enforcement powers, and creates enforcement procedures.

§ 145-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED

Any property which is deserted for more than 60 days.

BLIGHTED PREMISES

A building, structure, or property that:

A. Is in a condition which poses a serious threat to the safety, health, and general welfare of the community as determined by the Fire Marshal, Building Inspector, Zoning Enforcement Officer or designated agent.

B. Is attracting illegal activity as documented by the Police Department.

C. Is not being maintained as evidenced by the existence of, but not limited to, the following conditions:

(1) Is open to the elements, or has collapsing or missing walls, roofs, windows or doors;

(2) Is unable to provide shelter, or serve the purpose for which it was constructed due to damage, dilapidation, decay, or severe animal infestation;

(3) The property is chronically neglected or abandoned;

(4) Has material which is incapable of performing the function for which it is designed, including, but not limited to, abandoned, discarded, or unused equipment or objects;

(5) Equipment such as automobiles, motorcycles, boats, and recreation vehicles which are unregistered and missing parts, not complete in appearance or in an obvious state of disrepair.

D. Parts of automobiles, furniture, appliances, cans, boxes, scrap metal, tires, batteries, containers and garbage that are in the public view.

E. Has been vandalized or otherwise to the extent that it is seriously deteriorating property values in the neighborhood.

F. Has overgrown grass or weeds at least one foot in height.

G. Is not being maintained or is becoming dilapidated as defined herein.

DILAPIDATION

Partial ruin, decay or disrepair due to misuse, age or neglect.

OWNER/OCCUPIER

Any person, institution, foundation, entity or authority which owns, leases, rents, possesses, or is responsible for property within the Town.

PUBLIC VIEW

Visible from any public right-of-way or neighborhood.

TOWN

Town of Somers.

VACANT

A period of 60 days or longer during which a building or structure or part thereof is not legally occupied by human beings.

§ 145-3 Enforcement.

The Town Enforcement Officer, or other such person designated by the Board of Selectmen, shall make, or cause to be made, inspections to ensure compliance with and enforce the provisions of this chapter. If the owner of any property, once on notice of violations of this chapter, fails to appeal or comply with any order to repair, remove, or otherwise remediate the property, the official charged with enforcement of this chapter may proceed forthwith to cause to be done all work required to correct violations of such order, and lien the property for costs.

§ 145-4 Penalties for offenses.

Violations of the provisions of this chapter shall be punishable by a fine of $100 for each day a violation exists and continues.

§ 145-5 Appeals.

Any notice of violation, which includes a fine or not, may be appealed in accordance with the Citation Appeals and Hearing Procedure Ordinance of the Town of Somers.[1]

[1] Editor's Note: See Ch. 96, Art. II.

§ 145-6 Conflicts with other legislation.

This chapter shall not repeal, annul, or in any way impair or remove the necessity of compliance with any other rules, regulations, bylaws, permits, or provisions of the Town of Somers.