[2-6-2023]
The purpose of this chapter is to define, prohibit and abate
blight to protect the public health, safety, and welfare of the Town,
promote the remediation of blighted premises, and have the ability
to address situations where blighted premises have a demonstrated
impact on property values. This chapter is adopted in accordance with
the provisions of Section 7-148(c)(7)(H)(xv) of the Connecticut General
Statutes, as amended.
[2-6-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED DWELLING
A dwelling with no lawful inhabitants which reasonably appears
to be unprotected and permanently left by its owner. Factors which
support a finding of abandonment include, but are not limited to,
nonpayment of taxes, nonpayment of mortgage, deteriorating condition
of dwelling, interior infestation by vermin, wildlife or feral animals,
or disconnection of utilities servicing the dwelling.
ABANDONED VEHICLE
An inoperable or unregistered motor vehicle, where "inoperable"
means the vehicle is incapable of being legally operated on public
roads without major work or modifications and/or cannot be driven
under its own power. "Major work or modifications" includes (but is
not limited to) the need to have all the tires on the vehicle and
said tires to be properly inflated; the need to have all doors on
the vehicle (including the hood and trunk lids); as well as the need
to have all windows intact and unbroken.
AGRICULTURE
(a)
The cultivation of the soil, dairying, forestry, raising or
harvesting any agricultural commodity, including the raising, shearing,
feeding, caring for, training and management of livestock, including
horses, bees, the production of honey, poultry, fur-bearing animals
and wildlife, and the raising or harvesting of oysters, clams, mussels,
other molluscan shellfish or fish;
(b)
The operation, management, conservation, improvement or maintenance
of a farm and its buildings, tools and equipment, or salvaging timber
or cleared land of brush or other debris left by a storm, as an incident
to such farming operations;
(c)
The production or harvesting of maple syrup or maple sugar,
or any agricultural commodity, including lumber, as an incident to
ordinary farming operations or the harvesting of mushrooms, the hatching
of poultry, or the construction, operation or maintenance of ditches,
canals, reservoirs or waterways used exclusively for farming purposes;
(d)
Handling, planting, drying, packing, packaging, processing,
freezing, grading, storing or delivering to storage or to market,
or to a carrier for transportation to market, or for direct sale any
agricultural or horticultural commodity as an incident to ordinary
farming operations or, in the case of fruits and vegetables, as an
incident to the preparation of such fruits or vegetables for market
or for direct sale.
BARN
A detached, accessory structure that was at one time constructed
for and may be used for or maintained for agricultural purposes which
has not been converted to a nonagricultural use.
BLIGHT ENFORCEMENT OFFICER
An individual or individuals appointed by the First Selectman
or his or her designee to enforce the provisions of this chapter and
issue citations. Per Connecticut General Statutes Section 7-152c,
this individual is separate from and independent of the Citation Hearing
Officer who will preside over the individual hearings as they arise.
BLIGHTED PREMISES
(a)
Any building or structure or parcel of land subject to this
chapter in which at least one of the following conditions exists:
(1)
Collapsing or collapsed exterior wall of a structure;
(2)
Collapsing or collapsed roof on a structure;
(3)
Remains of a structure damaged by fire or casualty which is
exposed to elements and no longer serves the purpose for which it
was constructed;
(4)
Accumulations, exposure, deposit, or burial of any foul, decayed,
putrid or offensive substances;
(5)
Outside storage of debris, including, but not limited to, cans,
boxes, scrap metal, containers, trash, tires, appliances, and similar
debris, which is visible from a public way or public view, and in
an amount that exceeds what is reasonably customary for a dwelling
unit, for more than 60 days;
(6)
One or more abandoned vehicles on the premises for more than
180 days and visible from the public way or public view;
(7)
An abandoned or vacant building that is unsecured from unauthorized
entry; or
(8)
Other condition which poses a serious threat to the safety,
health, and general welfare of the community as determined by the
Health Department, Fire Marshal or Building Official.
(b)
Any building or structure in which at least three of the following
conditions are visible from a public way or public view:
(1)
Two or more missing windows or doors;
(2)
Two or more boarded windows or doors;
(3)
Rotted or missing siding;
(4)
Collapsing stairs, porch, or deck;
(5)
Collapsing handrail or railing;
(6)
Overhang or roof extension, including awning, patio cover or
carport cover, that is significantly deteriorated to the point it
is disintegrating or can no longer perform its intended function;
(7)
Is attracting illegal activities as documented in police records.
(c)
The following shall not be construed as "blighted premises"
unless posing a serious threat to the safety, health, and general
welfare of the community as determined by the Health Department, Fire
Marshal or Building Official:
(1)
Unmowed lawn or overgrown vegetation;
(2)
Dead, diseased, or damaged tree;
(3)
Fence that is dilapidated or has broken or rotted boards;
(4)
Driveway in a state of disrepair; or
(5)
Cosmetic issues, including, but not limited to, peeling paint,
torn or ragged window screen, or missing or damaged gutters.
CITATION HEARING OFFICER
The Citation Hearing Officer appointed pursuant to Connecticut
General Statutes Section 7-152c.
DEBRIS
Material incapable of immediately performing the function
for which it is designated, including, but not limited to, abandoned,
discarded or unused objects; incomplete equipment such as machinery,
boats, recreational vehicles, or motor homes, regardless of whether
they constitute an abandoned vehicle under this chapter, and trailers
which are missing parts, not complete in appearance and in an obvious
state of disrepair; parts of automobiles, furniture, appliances, cans,
boxes, scrap metal, tires, batteries, containers, and garbage which
are in the public view.
DECAY
A wasting or wearing away; a gradual decline in strength,
soundness, or quality; to become decomposed or rotten as evidenced
by the lack of maintenance, including, but not limited to, the following
conditions: missing or boarded windows or doors, collapsing or missing
walls or roofs, seriously damaged or missing siding or gutters, or
structurally faulty foundation.
NATURAL FIELD STATE
Areas where grass, weeds, and brush exist in their natural,
unlandscaped state.
NATURAL WOOD STATE
Areas where trees and brush exist in their natural, unlandscaped
state.
OWNER
Any person, firm, institution, partnership, corporation,
foundation, entity, or authority who or which holds title to real
property.
PUBLIC WAY
Premises within the legal limits of any street or road, owned
and maintained by the Town.
PUBLIC VIEW
Visible from any public right-of way or neighboring property.
STRUCTURE
Any building, dwelling, fence, swimming pool, or similarly
constructed object.
VACANT
A continuous period of 180 days or longer during which a
dwelling unit is not occupied by human beings.
[2-6-2023]
Citations for violations of this chapter may be issued by the blight enforcement officer in an amount not to exceed $50 per violation per day. The blight enforcement officer shall issue citations as a citation officer in accordance with the procedures of §
1-12 of the Code of Ordinances of the Town of Durham
[2-6-2023]
This chapter shall become effective on the date on which a notice
of the ordinance has been published in a newspaper having general
circulation in the Town of Durham.