[HISTORY: Adopted by the Town Council of
the Town of New Canaan 10-11-2006, effective 10-27-2006; amended in its entirety 3-27-2019. Amendments noted where applicable.]
A.Â
This chapter is enacted pursuant to Connecticut General Statutes
§ 7-148(c)(7)(H)(xv) regarding housing blight.
B.Â
This chapter is intended to protect, preserve and promote public
health, safety and welfare; to maintain and preserve the beauty of
neighborhoods; and to allow for the prevention, control and abatement
of blighted premises.
For the purposes of this chapter, the following words, terms
and phrases shall have the following meanings unless the context clearly
indicates otherwise. Where terms are not specifically defined in this
chapter, they shall have their ordinarily accepted meaning or such
meaning as the context shall imply.
A Town employee designated by the First Selectman to carry
out the duties specified in this chapter.
The Board described in § 7A-6 of this chapter.
Any residential building, structure, or parcel of land in which
one or more of the following conditions have existed for at least
30 days and are visible from the first or second floor of an adjacent
homeowner's dwelling:
Missing, broken or boarded-up windows or doors.
Collapsing or dilapidated roof.
Collapsing or dilapidated structure.
Crumbling brick, concrete, or cinderblock walls.
Seriously damaged, missing or loose siding, gutters, leaders,
shingles or roofing.
Significant fire or water damage.
Persistent and excessive amounts of garbage, trash or debris.
Inoperable machinery.
A structure substantially infested with rodents or other pests.
Overgrown brush, grass or weeds of at least one foot in height
covering a significant portion of the property's front yard,
other than (i) ornamental grass which is part of a landscaped area,
and (ii) areas identified as inland wetlands.
Trees, bushes or other vegetation that overhang and significantly
hinder the use of a street, sidewalk, or driveway.
One or more fallen trees, except those that have fallen (i)
within the past six months, or (ii) in an area in which trees and
brush exist in a natural, unlandscaped state.
Extensive graffiti.
Notwithstanding the above, the following shall not be considered
to constitute a blight condition: (i) debris which is part of a construction
project subject to a valid building permit; (ii) a condition which
is subject to a pending insurance claim; (iii) material in a compost
pile; or (iv) firewood in a neatly stacked pile.
An individual appointed by the First Selectman to conduct
citation hearings under this chapter.
A person who has a disability as that term is defined under
the Americans With Disabilities Act of 1990, as amended.
A person who is 65 years of age or older.
A person whose household income is less than 200% of the
federal poverty level used for purposes of determining Medicaid eligibility.
With respect to residential property which may be a blighted
premises, the owner or owners and such tenants, agents, or other persons
in control of the premises that the Blight Prevention Officer determines
are appropriate to be included as a named party.
No owner, tenant, agent, or other person in control of residential
real estate shall maintain, cause to be maintained, or allow any blighted
premises.
The Blight Prevention Officer shall investigate conditions that come to his attention that could lead a property to be considered a blighted premises. In cases in which the Blight Prevention Officer determines that a probable violation of § 7A-3 of this chapter may exist, he or she shall contact the owner(s) and such tenants, agents or other persons in control as he or she deems appropriate. The Blight Prevention Officer shall attempt to achieve a voluntary abatement of the conditions in question.
The Blight Prevention Officer and other Town officials may enter
property during reasonable hours for the purpose of remediating blighted
conditions. This chapter does not authorize entry into a dwelling
house or structure on such property.
A.Â
Referral. If the Blight Prevention Officer determines that voluntary
abatement is unlikely to occur in a reasonable time, he or she shall
refer the matter to the Blight Review Board for a hearing.
B.Â
Appointment and composition. The Blight Review Board shall consist
of five electors of the Town who are appointed by the Board of Selectmen
and shall serve without compensation. No more than three members shall
be registered in the same political party. The Board shall include
at least one member from each of the following:
C.Â
Terms of service. Members of the Blight Review Board shall serve
a term of three years. A member's term may be renewed at the
discretion of the Board of Selectmen.
In the case of a matter referred to the Blight Review Board,
the Blight Prevention Officer shall prepare a written notice of hearing,
which shall include the following:
A.Â
The location of the premises where the violation is alleged to occur.
B.Â
A description of the probable violation and the conditions evidencing
such violation.
C.Â
A statement that a hearing of the Blight Review Board will be held
to determine (i) whether a violation in fact exists, (ii) the actions
to be taken to abate such violation, and (iii) the date by which such
violation shall be fully abated.
D.Â
All named parties who are served the notice are required to appear
at the hearing.
E.Â
The location, time, and date, which shall not later than 30 days
following delivery of the notice of the hearing.
The Blight Review Board shall hold a hearing under § 7A-6 of this chapter within 30 calendar days of the date notice is served under § 7A-8 of this chapter. All interested persons shall be given the opportunity to present evidence on the question of whether a violation of this chapter has occurred. If a named party fails to appear, the Blight Review Board may nevertheless determine whether a violation has occurred, provided the Board has determined that notice was properly served in accordance with § 7A-8 of this chapter.
A.Â
After a hearing under § 7A-9 of this chapter, the Blight Review Board shall issue a written determination whether a violation exists. If the Board determines that a violation exists, it shall include in its written determination the actions to be taken to abate the violation and the date by which such violation shall be fully abated.
B.Â
In determining the date by which a violation shall be abated, the
Blight Review Board may grant additional time for good cause, which
shall include but not be limited to:
C.Â
In determining whether good cause exists, the Blight Review Board
shall consider (a) whether the severity of the violation is such that
additional time is not warranted, and (b) whether other occupants
of the premises are able to assist in correcting the violation in
a timely fashion.
Upon the determination of the Blight Review Board that a violation
of this chapter exists, the Blight Prevention Officer shall send a
written notice of violation to each named party. The notice shall
state:
A.Â
The violation;
B.Â
The date by which the violation shall be remedied;
C.Â
That the failure of a named party to remedy the violation within the prescribed time shall result in the issuance of a citation in accordance with § 7A-15 of this chapter;
D.Â
The amount of the daily civil penalties and other fines imposed under
this chapter; and
E.Â
That if the named party fails to remedy the violation, the Town may
cause remediation at the expense of the named party.
Notwithstanding the provisions of § 7A-10 of this chapter, the Blight Enforcement Officer may, at his or her discretion, grant to any named party one thirty-day extension of the time to remediate the violation.
Violations of the provisions of this chapter shall be punishable by a civil penalty not to exceed $100 for each day a violation exists and continues beyond the date required for remediation set forth in the notice of violation under § 7A-11 of this chapter. 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.
A.Â
The Blight Enforcement Officer shall issue to all named parties a
citation when a violation of this chapter continues beyond the date
by which the Blight Review Board required that the violation be abated.
The citation shall state:
(1)Â
A description of the violation.
(2)Â
The amount of the daily penalties that shall be levied from the date
of the citation, plus such other fines, penalties, costs and/or fees
due.
(3)Â
That the uncontested payment of such penalties and other amounts
shall be made within 10 business days of the date of the citation.
(4)Â
That the named party may contest his 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.
(5)Â
That if the named party does not demand a hearing, an assessment
and judgment shall be entered against the named party and that such
judgment may issue without further notice.
(6)Â
That the Town shall file a lien against the real estate in accordance
with Connecticut General Statutes § 7-148aa for the amount
of any unpaid civil penalties or other fines, costs or fees imposed
by the Town in accordance with this chapter.
A.Â
A named party who chooses to appeal a citation and requests a hearing
shall be given written notice of the date, time and place of the hearing.
Such hearing shall be held not less than 15 calendar days and not
more than 30 calendar days from the date the notice is sent, provided
that the Citation Hearing Officer shall grant, upon good cause shown,
any reasonable request by an interested party for postponement or
continuance. An orginal or certified copy of the citation 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 Blight Prevention Officer shall be required at the
hearing. A named party wishing to contest liability shall appear at
the hearing and may present evidence on his or her behalf. If any
named party who received the citation fails to appear, the Citation
Hearing Officer may enter an assessment by default against him or
her upon a finding of proper notice. The Citation Hearing Officer
may accept copies of any relevant investigatory and citation reports
and any other official documents by mail and may determine thereby
that the appearance of a named party is unnecessary.
B.Â
The Citation Hearing Officer shall conduct the hearing in the order
and form, and with such methods of proof, as he or she deems fair
and appropriate. 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 or
her decision at the end of the hearing. If the Citation Hearing Officer
determines that the named party 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 named
party is liable for the violation, he or she shall enter and assess
the civil penalties, fines, costs and fees as provided by this chapter.
C.Â
If the Citation Hearing Officer's assessment is not paid on
the date of entry, the Citation Hearing Officer shall send by first-class
mail a notice of assessment to the named party 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 applicable superior court facility, together with the
applicable filing fee. Such certified copy shall constitute a record
of assessment. Within such twelve-month period, assessment against
the same named party may be accrued and filed as one record of assessment.
The Citation Hearing Officer's assessment shall have the effect
of a civil money judgment, and a levy of execution of such judgment
may issue without further notice to the named party.
D.Â
A named party 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).
Any unpaid civil penalty or other fine imposed under 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.
If the Citation Hearing Officer determines that a named party
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.
A.Â
The provisions of this chapter shall not be construed to prevent
the enforcement of other statutes, codes, ordinances or regulations
which prescribe standards other than are provided in this ordinance.
B.Â
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 and safety, and property values of the people shall prevail.
C.Â
This chapter shall not affect violations of any other ordinance,
code or regulation existing prior to the most recent amendment 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 was committed.
