Town of West Hartford, CT Article I General Provisions

§ 105-1 Title.

This chapter shall be known as the "Housing and Property Maintenance Code of the Town of West Hartford," hereinafter referred to as "this code," and the standards established by this code shall be referred to as and constitute the minimum property standards of the Town of West Hartford.

§ 105-2 Intent.

This code is intended to protect, preserve and promote public health, safety and welfare; to prevent and control the incidence of communicable diseases; and to reduce environmental hazards to health and safety, insofar as they are affected by the maintenance of residential and nonresidential structures, equipment and premises as provided by this code. This code is further intended to provide minimum and uniform standards governing the condition, occupancy and maintenance of occupied and unoccupied premises and establish reasonable safeguards for the health, safety and welfare of the occupants and users of said premises, the community and the general public to ensure that the maintenance and upkeep of these premises is adequate for protection of public health, safety and welfare. Interpretation of this code shall be made in such a manner as to afford maximum protection of the public health, safety and welfare and violations of this code are specifically declared to constitute public nuisances.

§ 105-3 Scope of provisions.

A. This code shall apply uniformly to the maintenance, use and occupancy of all premises now in existence or hereafter constructed, maintained or modified and shall include:

(1) Dwellings or dwelling units, including one- and two-family dwellings and multiple dwellings as defined herein, except as specifically excluded, and any habitable room used for sleeping and/or living purposes.

(2) Lots, plots or parcels of land whether vacant or occupied.

(3) Buildings of nondwelling use.

(4) Accessory structures, accessory to any building.

(5) All apartments, boardinghouses, group homes, lodging houses, rooming houses, tenement houses and unrelated family units.

B. This code shall:

(1) Establish minimum standards and responsibilities for:

(a) The maintenance of all premises.

(b) The safe and sanitary installation and maintenance of basic equipment and facilities.

(c) Space, density, use and location.

(d) Lighting and ventilation.

(e) Electrical and heating facilities and equipment.

(f) Plumbing.

(2) Establish and delegate administration responsibility and enforcement powers and create enforcement procedures.

§ 105-4 General responsibilities.

A. No person shall maintain any premises which does not comply with the requirements and applicable minimum property standards of this code.

B. No person shall occupy as owner-occupant or let to another for occupancy or use any dwelling or dwelling unit or habitable room, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the requirements and minimum property standards of this code.

C. All landlords shall comply with the requirements of this code and C.G.S. § 47a-7.

D. All tenants shall be responsible for complying with the requirements of this code and C.G.S. § 47a-11.

§ 105-5 Other codes, ordinances and regulations.

A. Unless otherwise specified or granted, the provisions of this code shall apply uniformly to the alterations, repair, equipment, use, occupancy and maintenance of all existing premises within the Town of West Hartford irrespective of when or under what code or codes such premises were originally constructed, rehabilitated or maintained.

B. The provisions in this code shall not be construed to prevent the enforcement of other statutes, codes, ordinances or regulations which prescribe standards other than are provided in this code.

C. In any case where a provision of this code 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 of the people shall prevail.

D. This code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date of this code, and any such violation 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.

E. Any alterations to buildings or structures or changes of use therein, which may be caused directly or indirectly by enforcement of this code, shall comply with Chapter 58, Building Construction, Article II, Building Code, in accordance with § 105-5C, and any and all necessary building permits shall be obtained prior to their performance.

F. When other Town ordinances are expressly referred to in this code, they shall be construed as if included in this code and shall be enforceable under this code.

§ 105-6 Severability.

If any terms, phrase, sentence, paragraph, section or article of this code shall be declared invalid for any reason, such decision shall not affect the remaining parts of this code, and such parts shall continue in full force and effect and are hereby declared to be severable.