[HISTORY: Adopted by the Common Council of the City of Middletown as indicated in article histories. Amendments noted where applicable.]
The following general provisions shall apply to the interpretation and enforcement of this article:
It is hereby declared that the purpose of this article is to protect, preserve and promote the physical and mental health and social well-being of the residents of this municipality; to investigate and control the incidence of communicable diseases; to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health; and to protect the safety of the people and to promote the general welfare and to prevent the blighting of residential areas. this article shall be applicable to all dwellings now in existence or hereafter constructed within this municipality.
It is hereby further declared that for all of said dwellings, this article will establish minimum standards for basic equipment and facilities for light, ventilation, heating and cooling; establish minimum standards for basic equipment and facilities for safety from fire and accidents; establish minimum standards for the use and location and amount of space for human occupancy; and establish minimum standards for safe and sanitary maintenance. In addition, this article will determine the responsibilities of owners, operators and occupants of dwellings, and it will provide for the administration and enforcement of all of the aforesaid standards and responsibilities.
Legislative finding. It is hereby found that dwellings exist or may in the future exist within the City of Middletown, either occupied or unoccupied by human beings, which are in a deteriorated condition, and such dwellings are in said deteriorated condition because of improper management or lack of tenant cooperation; because of faulty design or construction; because said dwellings lack proper sanitary facilities, adequate lighting or ventilation or adequate equipment for heating or cooling; or because of any combination of the aforesaid factors. As a result, said dwellings have become so deteriorated, dilapidated, neglected, overcrowded or unsanitary as to jeopardize or be detrimental to the health, safety, morals or welfare of the occupants of said dwellings and the people of said municipality. It is hereby further found that such deteriorated dwellings contribute to the growth of physical, mental or social ill health or disease, mortality, crime and juvenile delinquency within this municipality.
Citation. this article shall be known, and may be cited, as the "Middletown Housing Code."
Every portion of a building or its premises used or intended to be used for the purpose of dwelling, living, eating, sleeping or cooking therein or occupancy shall comply with the provisions of this article and with the rules and regulations adopted pursuant thereto irrespective of when such building shall have been constructed, altered or repaired and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises or structure, for the construction or repair of the dwelling or structure or for the installation or repair of dwelling equipment prior to the effective date of this article.
This article establishes minimum standards for the initial and continued occupancy of all dwellings and structures and does not replace or modify standards otherwise established for the construction, repair or use of buildings or the installation of building equipment.
Application of Building and Fire Codes. Any alterations to buildings or changes of use therein which may be caused directly or indirectly by enforcement of this code shall be done in accordance with applicable sections of the Connecticut State Building Code and Connecticut State Fire Safety Code.
Definitions. The following words and phrases, when used in this article, shall have the following meanings:
- ACCESSORY STRUCTURE
- A detached structure which is not used or intended to be used for living or sleeping by human occupants and which is located on the same premises with a dwelling.
- Approved by the local or state authority having such administrative authority.
- APPROVING AUTHORITY
- The Director of Health or his agent.
- The residue from the burning of combustible materials (and the noncombustible portion of refuse loaded into an incinerator).
- The portion of the building partly underground but having less than half its clear height below the average grade of the adjoining ground.
- BUILDING CODE
- The Connecticut State Building Code.
- The portion of the building partly underground having half or more than half of its clear height below the average grade of the adjoining ground.
- CENTRAL HEATING SYSTEM
- A single system supplying heat to one or more dwelling units or more than one rooming unit.
- Fallen into substandard condition.
- Fallen into partial ruin or decay.
- DIRECTOR OF HEALTH or DIRECTOR
- The Director of Health of the City of Middletown or his authorized representative.
- Any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants, including but not limited to a rooming house, provided that temporary housing, as hereinafter defined, shall not be regarded as a dwelling.
- DWELLING UNIT
- Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
- A condition which is a danger to life and/or health or is detrimental as determined by the Director of Health or his duly authorized designee.
- The control and elimination of insects, rodents or other pests by eliminating their harborages, by removing or by making inaccessible materials that may serve as their food, and by the use of poisoning, spraying, fumigating, trapping, or any other pest elimination methods approved by the Director of Health.
- A household consisting of one or more person(s).
- FIRE CODE
- The Connecticut State Fire Safety Code.
- FLUSH WATER CLOSET
- A toilet bowl flushed with water under pressure with a water-sealed trap above the floor level.
- The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food, and shall also mean combustible waste material.
- GARBAGE CONTAINER
- A watertight, animal-proof, insect-proof container equipped with a tight-fitting cover.
- GROSS FLOOR AREA
- The total area of all habitable space in a building or structure.
- Any person who shares a dwelling unit in a nonpermanent status for not more than 30 days.
- HABITABLE ROOM
- A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than 50 square feet, foyers or communicating corridors, stairways, closets, storage space and workshops, and hobby and recreation areas in unsealed or uninsulated parts of a structure below ground level or in attics.
- HEATED WATER
- Water heated to a temperature of not less than 120º F. at the outlet.
- A family and/or one or more unrelated persons, including servants and not more than two boarders, who share the same dwelling and use some or all of its cooking and eating facilities.
- The presence within or around a dwelling or other structure of insects, rodents or other pests.
- KITCHEN or KITCHENETTE
- Any room containing any or all of the following equipment, or the area of a room within three feet of such equipment: sink and/or other device for dishwashing, stove or other device for cooking, and refrigerator or other device for cool storage of food.
- KITCHEN SINK
- A sink of a size and design adequate for the purpose of washing eating and drinking utensils, located in a kitchen, properly connected with a cold and hot water line.
- A handwashing basin which is properly connected with both a hot and cold water line and which is separate and distinct from a kitchen sink.
- LEAD PAINT or LEAD-BASED PAINT
- Shall have the same meaning as provided in or determined pursuant to the Federal Lead-Based Paint Poisoning Prevention Act, Chapter 63 of the Social Security Act, as amended.
- MULTIPLE DWELLING
- Any dwelling containing more than two dwelling units.
- Any person over one year of age, living, sleeping, cooking or eating in, or actually having possession of, a dwelling unit or a rooming unit, except that in dwelling units a guest will not be considered an occupant.
- Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
- Any order made by the Director of Health or his authorized representative in the enforcement of this article.
- ORDINARY WINTER CONDITIONS
- An outdoor temperature of not less than 5º F.
- Any person who, alone or jointly or severally with others:
- (1) Shall have the legal title to any dwelling, premises or dwelling unit, with or without accompanying actual possession thereof; or
- (2) Shall have charge, care or control of any dwelling, premises or dwelling unit as owner of agent of the owner or an executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
- PERMISSIBLE OCCUPANCY
- The maximum number of persons permitted as a family or household to reside in a dwelling unit or rooming unit based on the square footage per person in habitable rooms.
- Includes any individual, firm, corporation, association or partnership.
- Includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer, sewage disposal system or gas lines.
- POTENTIALLY HAZARDOUS MATERIAL
- Any material, including building material, containing lead,
heavy metals, chemicals, or radioactive matter in concentrations dangerous
to the public health as deemed by the Connecticut Department of Public
Health.[Amended 1-6-2003 by Ord. No. 01-03]
- A platted lot or part thereof or unplatted lot or parcel of land, or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, and includes any such building, accessory structure, or other structures thereon.
- The ability of a person or persons to carry out an activity commenced without interruption or interference, either by sight or sound, by unwanted persons.
- A form of construction which will prevent the ingress or egress of rats to or from a given space or building or their gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars and exterior and interior walls.
- All putrescible and nonputrescible solids (except body wastes), including garbage, rubbish, ashes and dead animals. The terms shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings and other combustible materials.
- ROOMING HOUSE
- Any dwelling or that part of any dwelling containing one or more rooming units in which space is occupied by six or more persons who are not members of a single family.
- ROOMING UNIT
- Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking and eating purposes except as provided in § 178-9B(5) of this article.
- Nonputrescible solid wastes (excluding ashes) consisting of both:
- The condition of being free from danger and hazards which may cause accidents or disease.
- SEWAGE DISPOSAL SYSTEM
- A structure, excavation or other facility, usually underground, to which sewage is drained and retained to effect disintegration of the organic matter by bacteria and as defined in the Connecticut Public Health Code, as amended.
- SPACE HEATER
- A self-contained, vented, fuel-burning appliance, a barometric fed fuel control, which has a fuel supply tank located less than 42 inches from the center of the burner.
- Paid for, furnished, provided by, or under the control of the owner or operator.
- TEMPORARY HOUSING
- Any tent, trailer, mobile home or any other structure used for human shelter which is designed to be transportable and is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 consecutive days.
- The process of supplying and removing air by natural or mechanical means to or from any space.
Rules of construction. Wherever the words "dwelling" or "dwelling unit," "rooming house," "rooming unit," "premises" and "structure" are used in this article, they shall be construed as though they were followed by the words "or any part thereof." Words used in the singular include the plural, and the plural the singular. The masculine gender includes the feminine, and the feminine the masculine.
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein unless said dwelling or dwelling unit and the premises are clean, sanitary, and fit for human occupancy and comply with all requirements of the State of Connecticut and the City of Middletown.
Every owner of a dwelling shall maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling and premises thereof.
Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls.
Every occupant of a dwelling or dwelling unit shall store and dispose of all his rubbish in a clean, sanitary and safe manner.
Every occupant of a dwelling or dwelling unit shall store and discard in a clean, sanitary and safe manner all his garbage and any other organic waste which might provide food for rodents and insects. There shall be a minimum of one approved garbage container per dwelling unit used for storage pending collection; it shall meet the qualifications as listed under the definition of "garbage container" in § 178-2.
Every owner of a dwelling unit and every owner of a rooming house shall supply adequate facilities or containers for the sanitary and safe storage and removal or disposal of ashes, garbage, rubbish or other waste incidental to the occupancy of each dwelling and shall arrange for removal of waste from the premises.
The owner of a dwelling or dwelling unit who shall let to another for occupancy shall be responsible for providing, hanging and maintaining in a proper condition all screens, double or storm doors and windows whenever the same are required under the provisions of this article.
The owner of a dwelling containing one or more dwelling units and the owner of a rooming house shall be responsible for extermination of insects, rodents or other pests in or about the premises containing the dwelling units or rooming units.
Every occupant of a dwelling unit or structure shall keep all plumbing fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation.
No owner or occupant of a dwelling, dwelling unit, or structure shall accumulate rubbish, boxes, lumber, scrap metal, or any other material in such a manner that may provide a rodent harborage or rodent food in or about any dwelling, dwelling unit, or structure.
Every occupant of a dwelling, dwelling unit or rooming unit shall give the owner thereof, or his agent or employee, access to any part of the same, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or any lawful order issued pursuant to this article.
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of this section.
Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, with kitchen cabinets in good repair, and which shall be equipped with the following:
A kitchen sink in good working condition apart from the lavatory sink required in Subsection C of this section. Said kitchen sink shall be properly connected to a water supply system which is approved by the approving authority and at all times shall provide an adequate amount of heated and unheated running water under pressure. Said kitchen sink shall be connected to a sewer or sewage disposal system which is approved by the approving authority.
A stove or similar device for cooking food and a refrigerator or similar device for the safe storage of food at temperatures of less than 45º F. but more than 32º F. Both said stove and refrigerator, or similar devices, shall be provided and properly installed by the owner with all necessary connections for safe, sanitary and efficient operation; provided, however, that a stove, refrigerator, or similar devices need not be installed by the owner when the dwelling unit is not occupied or when there is a written agreement between the owner and the occupant expressly providing that the occupant shall provide the same. If the stove, refrigerator and/or similar devices are to be provided by the occupant, sufficient space for the safe, sanitary and efficient installation and operation of said stove, refrigerator and/or similar devices shall be provided on the premises by the owner.
Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within said room. Said room shall be equipped with a flush water closet in good working condition, and such flush water closet shall be equipped with easily cleanable surfaces, to be connected to a water system that at all times provides an adequate amount of running water under pressure so as to cause the water closet to be operated properly, and it shall also be connected to a sewer or sewage disposal system which is approved by the approving authority.
Within every dwelling unit there shall be a room, affording privacy to a person, which is equipped with a lavatory sink. Said lavatory sink may be either in the same room as the flush water closet or in an adjacent room. The lavatory sink shall be in good working condition and properly connected to an approved water supply system, which water supply system shall at all times provide an adequate amount of heated and unheated running water under pressure. Said lavatory sink shall be connected to a sewer or sewage disposal system which is approved by the approving authority.
Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet or in another room. Said bathtub or shower shall be properly connected to a water supply system which is approved by the approving authority and which provides at all times an adequate amount of heated and unheated running water under pressure. Said bathtub or shower shall also be connected to a sewer or sewage disposal system which is approved by the approving authority.
Every dwelling unit shall have one or more approved means of egress leading to safe and open space at ground level, as required by the laws of this state and the City of Middletown.
No person shall let to another for occupancy any dwelling or dwelling unit unless all exterior doors and windows of the dwelling or dwelling unit are equipped with safe, functioning locking devices.
[Amended 11-3-1986; 4-2-1990]
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of this section.
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be not less than 10% of the floor area of such room. Wherever walls or other portions of any structure face a window of any such rooms, and where such light-obstructing structure is located less than three feet from the window and extends to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. Each window shall be not less than three square feet in area.
At least one window or skylight of every habitable room shall face directly outdoors and shall be easily opened or the room shall be equipped with such device as will adequately ventilate the room. If no such ventilating device is furnished, the total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size, or minimum skylight-type window size, as required in Subsection A of this section.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B of this section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system in working condition which is approved by the approving authority.
Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every dwelling unit, and all public and common areas, shall be supplied with electric service, outlets, and electrical fixtures for lighting, all of which shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a manner prescribed by the ordinances, rules, and regulations of the municipality. The minimum capacity of such service, and the minimum number of outlets and lighting fixtures, shall be as follows:
Every habitable room shall have an electric service and outlets and/or lighting fixtures capable of providing at least three watts per square foot of floor area.
Every habitable room and nonhabitable room used for food preparation shall have at least two floor- or wall-type electric convenience outlets for each 60 square feet, or fraction thereof, of floor area, and in no case fewer than four socket outlets.
Every water closet compartment, bathroom, kitchen or kitchenette, laundry room, furnace room, and public hall shall contain at least one supplied ceiling- or wall-type electric light fixture.
Convenient switches for turning on one light in each room or passageway shall be located so as to permit the area ahead to be lighted.
Every public hall and stairway in every multiple dwelling shall be adequately lighted at all times so as to provide at least six footcandles of light at the tread or floor level. All such lights shall be maintained by the owner and on circuits supplied through a meter independent of meters serving any dwelling unit and operated by a suitable time switch. Every public hall and stairway in structures containing not more than two dwelling units shall be supplied with conveniently located light switches controlling an adequate lighting system which shall provide at least six footcandles of light at the tread or floor level and which may be turned on when needed, instead of full-time lighting, which switches and lighting system shall be provided and maintained by the owner.
Every water closet compartment and/or bathroom shall have at least one wall-type conveyance outlet installed in compliance with local building codes.
[Amended 4-2-1990; 2-1-2016 by Ord. No. 03-16]
No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of this section.
Every dwelling shall have heating facilities supplied by the owner and properly installed and maintained in safe and working condition by the owner, capable of safely and adequately heating all habitable rooms, kitchen or kitchenette, bathrooms, and water closet compartments in every dwelling unit located therein. Such heating facilities shall adequately heat the room in accordance with Connecticut General Statutes § 19a-109, the reading to be taken at a distance of 30 inches above the floor level of each room.
Unvented flame space heaters are prohibited.
A landlord shall supply running water and reasonable amounts of heated water at all times and reasonable heat except if the dwelling unit is so constructed that heat or heated water is generated by an installation within the exclusive control of the tenant or supplied by a direct public utility connection.
A landlord shall supply all utilities at all times except if the dwelling unit is so constructed that the utility is generated by either an installation within the exclusive control of the tenant or supplied by a direct public utility connection.
[Amended 4-2-1990; 10-7-1991; 11-7-1994]
Every foundation, floor, roof, ceiling, exterior and interior wall, and accessory structure shall be reasonably weathertight, watertight, and damp-free, shall be kept in sound condition and good repair, and shall be capable of affording privacy for the occupants. All exterior wood surfaces shall be protected from the elements and decay by paint or other protective covering or treatment.
No lead paint or lead-based paint or other toxic paint or materials shall be used on any exposed exterior or interior surface of any premises containing one or more dwelling units.
In each instance where conditions disclose loose, flaking, chipping, or falling paint, and there is reason to believe that the presence of lead paint or lead-based paint or toxic material exists as a potential hazard, the Director of Health or his authorized representative may take sufficient samples and submit the samples for analysis and, if a hazard exists, make such orders as are necessary to eliminate or remove the hazard.
All painted portions of all buildings used in whole or in part for human habitation, as well as any accessory structures on the premises thereof, shall be kept free of cracked, chipped, blistered, flaked, loose or peeling paint. Any such surface shall be properly prepared and repainted with a paint or other covering conforming to the standards as required in accordance with the Lead-Based Paint Poisoning Prevention Act, Chapter 63 of the Social Security Act, as the same may be amended from time to time.
The owners of all dwellings shall comply with the requirements of C.G.S. § 19a-111c concerning the removal of toxic levels of lead from dwellings, as the same may be amended from time to time. The Director of Health may require any such owner to submit evidence of compliance with the requirements of the aforesaid provisions of the Connecticut General Statutes from qualified testing firms acceptable to the Director.
Whenever the Director of Health receives a report of lead poisoning or otherwise determines that a child under the age of six has an abnormal body burden of lead, the Director may cause the paint or water on the premises of the dwelling in which said child resides to be tested for lead content. The Director shall take appropriate action to compel abatement of hazardous conditions if the lead content of paint or water on said premises exceeds the permissible limits thereof as established in this subsection. For purposes of this subsection, abatement shall be required if the lead content of the paint on said premises exceeds the standards established in accordance with the Lead-Based Paint Poisoning Act, Chapter 63 of the Social Security Act, as the same may be amended from time to time. Similarly, abatement shall be required if the lead content of water on said premises meets or exceeds 0.05 milligram per liter.
The Director of Health may engage, or order the engagement, at the property owner's expense, of qualified firms to perform testing for lead content in paint and water. In addition, the Director may engage or order the engagement, at the property owner's expense, of firms to monitor compliance with abatement regulations or with abatement orders issued pursuant to this section or to certify that abatements have been successfully accomplished.
Every window, exterior door, interior door and basement hatchway and all similar devices shall be kept rodentproof and reasonably watertight and weathertight, shall be kept in sound working condition and good repair at all times, and shall be capable of offering privacy for the occupants.
During that portion of the year when there is a need for protection against mosquitoes, flies, and other flying insects, every door opening directly from a dwelling unit to outside space shall be equipped with properly fitting screens having not less than a 16 mesh and which shall be operated by a self-closing device. During said portion of the year every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall also be supplied with such screens. Should such unit be constructed so that air conditioning is utilized, every window with openings to outdoor space shall also be supplied with screens. Rooming houses with more than 90 rooming units and which are occupied for an average of under two weeks by the same occupant are exempt from this code. However, under these circumstances, the requirements of § 178-7F shall still apply.
[Amended 3-7-2005 by Ord. No. 2-05]
Every window located at or near ground level that is used or intended to be used for ventilation, and every other opening located at or near ground level which might provide an entry for rodents, shall be supplied with adequate gauge screen or such other devices as will effectively prevent their entrance.
Every dwelling or accessory structure, and the premises upon which it is located, shall be rodentproof and maintained so as to prevent the harboring of rodents. Such premises shall be graded and drained, kept free of standing water, and maintained in a clean, sanitary and safe condition.
All openings in the exterior walls, foundations, basements, ground or first floors, and roofs which have an opening that is a half-inch or more in diameter shall be ratproofed in an approved manner if they are within 48 inches of the existing exterior ground level, immediately below such openings, or if such openings may be reached by rats from the ground by climbing unguarded pipes, wires, cornices, stairs, roofs, and other means, such as trees or lines, or by burrowing.
Skirting, lattice, or other nonratproofed enclosures that can create a harboring place for rats under a porch or under any other portions of a building shall be ratproofed at all locations where a rat could find, burrow, or gnaw an access opening when evidence of rats is found in the area.
In the event that occupancy usages would result in the stacking or piling of materials, the materials shall be so arranged so as to prohibit the creation of a harbor for rats. This can be accomplished by orderly stacking and elevating such material so that there will be an eighteen-inch opening between the materials and the ground level. No materials shall be stacked or piled against the exterior walls of the structure.
All doors, including swinging, sliding, and folding types, shall be constructed so that the space between the lower edge of the door and the threshold shall not exceed 3/8 inch. It is provided further that the space between sections of folding and sliding doors when closed shall not exceed 3/8 inch.
Interior floors of basements, cellars, and other areas in contact with the soil shall be paved with concrete or other materials impervious to rats when evidence of rats is found.
Materials used for rodent control shall be those materials that are acceptable to the approving authority.
All fences provided by the owner or an occupant on the premises shall be constructed of manufactured metal fencing material, wood, masonry, or other inert material. Such fences shall be maintained in good condition. Wood materials shall be protected against decay by use of paint or other preservative. The permissible height and other characteristics of all fences shall conform to the appropriate statutes, ordinances, and regulations of this state and the local authority. Wherever any egress from the dwelling opens into the fenced area, the fence shall include a means of egress from the premises to any public way adjacent thereto.
Accessory structures on the premises shall be structurally sound and shall be maintained in good repair and free from insects and rodents, or such structures shall be removed from the premises. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials or the use of paint or other preservatives.
In areas of heavy rat infestation, the Director of Health may require that every exterior door be equipped with an automatic closing device, or with a screen door that is equipped with such a device and properly fitted.
All sewers, pipes, drains, conduits, roof ventilators, chimneys, pipe vents, downspouts, openings, etc., permitting accessibility to rats shall be protected against entry by grilles, hardware cloth, caps, expanded metal covers, or other ratproof material acceptable to the approving authority.
If the space between two buildings is too small to permit inspection of the exterior walls of such building, such space shall be sealed so as to prevent the entrance of rats. Provisions shall be made in the ratproofing in such cases that drainage is not obstructed.
Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, porch, gutter, and downspout, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. Every inside and outside stair or step shall have uniform risers and treads, and stairways shall have handrails, structurally sound of required height and balustrades.
Every inside and outside stair step, riser, tread, stairway, porch, handrail, and balustrade shall be in conformance with the applicable state and local codes.
Porches, stairways, and/or balconies located more than three feet higher than the adjacent area shall have structurally sound protective handrails and balusters, as required. Alternate systems providing at least the same degree of protection shall be acceptable.
Every plumbing fixture, and water and waste pipe, shall be properly installed and maintained in good sanitary working condition.
Every water closet compartment shall be constructed and maintained so as to be impervious to water. Every bathroom and kitchen floor surface shall be so constructed and maintained as to be easily kept in clean and sanitary condition and shall be reasonably impervious to water.
Every plumbing fixture and pipe, every chimney, flue and smoke pipe, and every other facility, piece of equipment, utility, and heating apparatus installed on the premises for the use of any dwelling unit or which is otherwise required under this article shall be constructed and installed in conformance with the applicable local or state codes and shall be maintained in satisfactory working condition.
Neither the owner nor any occupant of any dwelling unit shall cause any service, facility, equipment, or utility which is required under this article to be removed from or shut off from or discontinued for any premises containing an occupied dwelling or dwelling unit let or occupied hereunder, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is required by the approving authority.
All construction and materials, all ways and means of egress, and all installation and use of equipment shall conform to applicable state and local laws dealing with fire protection.
Every yard shall be properly graded and drained by the owner. The premises upon which a dwelling is located shall be kept clean by the owner in the case of rooming houses and multiple dwellings and by the tenant or tenants in other types of dwellings.
Every parking lot, stall and sidewalk for tenant use shall be maintained in a clean, sanitary and safe condition.
Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room space.
In every dwelling unit of two or more rooms, and in every habitable room in a rooming house, every room occupied for sleeping purposes shall contain at least 70 square feet of floor space for the first occupant thereof and at least 50 square feet of floor space for each additional occupant thereof.
No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangement that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any hall, basement or cellar or to the exterior of a dwelling unit.
At least 75% of the floor area of every habitable room shall have a ceiling height of no less than seven feet six inches in the basement, seven feet six inches in the first story, and seven feet four inches in upper stories. The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
No space located totally or partially below grade shall be used as a habitable room or dwelling unit unless:
The floor, and those portions of the walls below grade, are of waterproof and damp-proof construction.
The minimum window area, required in § 178-5A of this article, is located entirely above grade of the ground adjoining such window area or, if windows are located wholly or partly below grade, it shall be required that there be a properly drained window well whose ground area shall be equal to, or greater than, the area of the window opening. The bottom of the window well shall be below the top of the impervious masonry construction under this window; the minimum horizontal projections of the bottom of the window well shall be equal to, or greater than, the vertical dimension (depth) of this window opening, as measured from the bottom of the masonry opening, and no part of the window well, opposite this window, shall protrude above a line projected at a forty-five-degree angle from the bottom of the window opening at right angles to the outer wall.
The total openable window area in each room is equal to at least the minimum as required under § 178-5B of this article, except where there is supplied some other device affording adequate ventilation and required by the approving authority.
There are no pipes, or other obstructions, less than six feet eight inches above the floor level which interfere with the normal use of the room or area.
A dwelling unit shall not be occupied by more than one family plus two occupants unrelated to the family, other than guests or domestic employees. A dwelling unit shall not be occupied by more than one household of unrelated occupants unless a permit for a rooming house has been granted by the Director of Health.
No habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall open directly into or shall be used in conjunction with a food store, barbershop or beauty shop, doctor's or dentist's examination or treatment room, or any similar room used for public purposes.
Each dwelling unit occupied by more than two persons shall have separate, fully partitioned sleeping rooms to accommodate any occupants above the first two according to the required floor space.
[Amended 12-1-1986; 4-2-1990; 6-3-1996]
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house except in compliance with, but not limited to, the provisions of §§ 178-3, 178-4, 178-5, 178-6, 178-7, and 178-8 of this article. No vacant rooming unit shall be occupied or let unless it is clean, sanitary, and fit for human occupancy and shall otherwise be in compliance with all applicable requirements of the City of Middletown.
No person shall operate a rooming house unless he holds a valid rooming house permit issued by the Director of Health after inspection and approval of the premises by the Director of Health, Fire Marshal, and Assistant Building Official in the name of the operator and for said dwelling or dwelling unit as specified in such permit. The operator shall apply to the Director of Health for such permit, which shall be issued by the Director of Health only after determining said rooming house is in compliance with the applicable provisions of this article. This permit shall be displayed in a conspicuous place within the rooming house at all times. No such permit shall be transferable. Acceptance of such permit by the operator of said rooming house shall serve as authorization by the operator for the Director of Health to make any and all inspections or reinspections as the Director of Health shall find to be necessary to determine the condition of the rooming units consistent with the enforcement of the provisions of this article. Such entry, examination and survey shall be between the hours of 8:00 a.m. and 5:00 p.m. or at such time as shall be reasonable.
Every person holding such permit shall give notice in writing to the Director of Health within 24 hours after having sold, transferred, given away, or otherwise disposed of ownership of, interest in, or control of any rooming house. Such written notice shall include the name and address of the person succeeding to the ownership, interest in, or control of such rooming house. Every rooming house permit shall expire at the end of one year following its date of issuance, unless it is earlier suspended or revoked as hereinafter provided. The annual fee for a permit and for its renewal shall be in accordance with the following schedule. There shall be no fees levied for nonprofit organizations.
Every rooming house permit shall expire at the end of one year following its date of issuance, unless it is earlier suspended or revoked. If a permit is issued over a temporary period and reinspection cannot be made prior to the expiration date, then the permit will be extended until reinspection can occur.
[Amended 1-6-2003 by Ord. No. 01-03]
At least one flush water closet, lavatory basin and bathtub or shower that is properly connected to a water and sewer or sewage disposal system, as required by the approving authority, and in sanitary and in good working condition shall be supplied for each eight persons, or fraction thereof, residing within a rooming house, including members of the operator's family wherever they share the use of said facilities. It is further provided that:
All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities, and at least one bathroom unit must be approved on each floor where occupants' sleeping rooms are located.
No such facilities shall be located in a basement, except by a written approval of the Director of Health.
In a rooming house where rooms are let only to males, flush urinals may be substituted for not more than 1/2 the required number of water closets.
Every lavatory basin and bathtub or shower shall be supplied with heated and unheated water under pressure at all times.
Cooking in a rooming unit and/or dormitory rooms shall be prohibited, except as approved by the Director of Health and Fire Marshal.
Communal cooking and dining facilities in a rooming house shall be prohibited, except as approved by the Director of Health in writing.
Rooming unit doors shall have operating locks to ensure privacy.
Every rooming unit shall be provided with a bed and a dresser. If a dresser is not provided, a closet with at least two shelves for storage shall be provided.
Electrical extension cords shall not be allowed, except as approved by the Director of Health and Fire Marshal.
Any space heater shall not be allowed, except as approved by the Director of Health and Fire Marshal.
The operator of every rooming house shall change supplied bed linen and towels therein at least once each week and prior to the letting of any room to any occupant. The operator shall be responsible for the clean and sanitary maintenance of all supplied bedding; provided, however, that bed linen and towels need not be provided by the operator when there is an agreement between the operator and occupant that the occupant shall provide his own service.
Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space. Every room occupied for sleeping by more than one person shall contain at least 50 square feet of floor space for each occupant thereof. Each such room shall also contain for each occupant not less than four square feet of closet space with an unobstructed height of at least five feet. If such closet space is lacking, an amount of space equal in square footage to the size of any deficiency in closet space shall be subtracted from the area of habitable room, to be used by the Director of Health in determining the number of persons by whom occupancy is permissible.
Every window of every rooming unit shall be supplied with shades, drawn drapes, or other devices or material which, when properly used, will afford privacy to the occupant of the rooming unit.
In every rooming unit, hot plates, toasters, or any cooking device shall be prohibited, except as approved by the Director of Health and Fire Marshal.
Every rooming unit shall have one or more safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the State of Connecticut and the City of Middletown.
Every provision of this article which applies to rooming houses shall also apply to hotels, motels, dormitories, and clubs, except to the extent that any such provisions may be found in conflict with the laws of the State of Connecticut or the City of Middletown.
Access to and egress from each rooming unit shall be provided without passing through any other rooming unit or dwelling unit.
The Director of Health is hereby authorized and directed to make periodic inspections, by and with the authorization of the owner, occupant, or person in charge, to determine the condition of dwellings, dwelling units, and premises within the City of Middletown for the purpose of determining compliance with the provisions of this article.
For the purpose of making such inspections, the Director of Health, with authorization of the owner, occupant or person in charge, is hereby empowered to enter, examine, and survey all dwellings, dwelling units, rooming units, and premises between the hours of 8:00 a.m. and 5:00 p.m. or at such other time mutually satisfactory to and agreed upon by the Director of Health and the owner, the occupant, or the person in charge of any dwelling, dwelling unit, or rooming unit. Inspection, examination and survey is to ensure compliance with this article.
Such inspection, examination, and survey shall be made in a manner that will cause the least amount of inconvenience to said owner or occupant, consistent with an efficient performance of the duties of the Director of Health. To further ensure that the policy of this article is to achieve compliance through cooperation of owners and occupants, and to ensure that such policy will be successfully maintained, whenever practicable the Director of Health will provide reasonable advance notice to the owner, the person in charge, and/or the occupants of any planned blanket inspection and any inspections of a routine nature.
The owner or occupant of each dwelling, dwelling unit, rooming unit or premises, or the person in charge thereof, upon presentation by the Director of Health of proper identification, shall give the Director of Health consent in writing for entry to the dwelling, dwelling unit, rooming unit, or premises and free access to every part thereof, provided that no inspection shall be conducted except during the hours designated above.
Whenever an owner, occupant, or person in charge of a dwelling, dwelling unit, or premises shall deny the Director of Health right of entry for the purpose of inspection, examination or survey, the Director of Health shall not so enter until he presents a duly granted authorization to enter for the purpose of inspection, examination, or survey of such premises.
Nothing in this section shall be construed to preclude the entry of the Director of Health at any time when, in his judgment, an emergency tending to create an immediate danger to the public health, welfare, or safety exists; or when such entry by the Director of Health is requested by the owner, occupant, or person in charge of the dwelling, dwelling unit, rooming unit, or premises; or when the Director of Health presents a duly granted authorization to enter for the purpose of inspection, examination, or survey of such premises for the purposes hereof.
Refusal by any owner, occupant or person in charge of a dwelling, dwelling unit or premises to allow the Director of Health entry, when such entry is authorized by law, shall be a violation of this article.
Every owner of a rooming house shall keep, or cause to be kept, records of all requests for repair by tenants, which requests are related to the provisions of this article or to any other applicable rules and regulations, and records of all corrections made in response to such requests and complaints. Such records shall be made available by the owner or operator to the Director of Health for inspection and copying upon request.
College dormitory lodging shall not be inspected for licensure under this article.
This article, known as the "Middletown Housing Code," shall be enforced by the Director of Health of the City of Middletown and his authorized representatives.
Whenever the Director of Health determines that conditions exist which cause any dwelling, dwelling unit, rooming unit, or premises to fail to meet the minimum standards provided for in this article, he shall issue a notice of violation setting forth the alleged failure or failures and requiring that such failures be corrected. The notice of violation shall be put in writing. Said notice of violation shall set forth the alleged violation or violations of this article and describe the dwelling, dwelling unit, rooming unit, or premises where the violation is alleged to exist or to have been committed. Said notice of violation shall provide a reasonable time, but not to exceed 60 days, for the correction of any violation alleged. Said notice of violation shall then be served upon the owner, occupant, or person in charge of the dwelling, dwelling unit, rooming unit, or premises by such personal service as shall be in accordance with the laws of the State of Connecticut for the service of process. Such notice may, in the alternative, however, be served on said owner, occupant, or person in charge by the use of registered or certified mail, return receipt requested.
If one or more persons to whom such notice of violation is addressed cannot be found after diligent effort to locate and serve such persons as hereinabove provided, service may be made upon such persons by posting a copy of the notice of violation in a conspicuous place in or about the dwelling, dwelling unit, rooming unit, or premises described therein and by mailing to the last known address.
After the passage of the period of time allowed for the correction of any violation described in such notice of violation, the Director of Health shall reinspect the dwelling, dwelling unit, rooming unit, or premises described in the notice. In making such reinspection the Director of Health shall follow the procedure detailed in § 178-10A and B hereof.
Any code official, officer or employee acting in good faith in the discharge of one's duties in the enforcement of the Middletown Housing Code is afforded all the protections from liability in accordance with C.G.S. §§ 7-101a and 7-465, as amended.
Whenever an emergency or other condition deemed detrimental to the occupant's health is determined by the Director of Health or his duly authorized designee to exist, corrective action shall not exceed five days.
The Director of Health is hereby authorized to enter, inspect, examine, and survey all rooming houses between the hours of 8:00 a.m. and 5:00 p.m. Whenever, upon inspection of any rooming house, the Director of Health finds that conditions or practices exist which are in violation of any provisions of this article, the Director of Health shall give a written warning to the operator of such rooming house that unless such conditions are corrected within a period of time to be specified by the Director of Health the operator's permit will be revoked. Such period of time shall be of a reasonable length. At the end of said period of time the Director of Health shall reinspect such rooming house.
If the Director of Health determines that the conditions have not been corrected, he shall hold a hearing to determine whether the permit should be revoked. Written notice of the hearing setting forth the violations and the time and place of hearing shall be given to the holder of the permit setting forth the violation and the time and place of hearing which shall be given at least seven days prior to the date scheduled for commencement of the hearing. The hearing may be continued from time to time by the Director as the circumstances require. At the hearing, the evidence on which a revocation of permit may be based may be presented. The holder of the permit may be represented by counsel, may cross-examine witnesses and present testimony, documentary evidence or other evidence in support of the holder's claim. If requested to do so, the Director may allow the permittee a reasonable time to submit a written memorandum in support of its claims. Within 10 days of the close of the hearing or the date for submission of the memorandum, the Director shall make a decision as to whether or not the permit shall be revoked. The decision shall be in writing and a copy mailed by certified mail or hand delivered to the permittee. If the permit is revoked, the revocation shall be effective upon receipt of the decision by the permittee.
Notwithstanding any other provision of this Code of Ordinances, the Director of Health, upon receipt of information from which there is cause to believe that a permittee is conducting a rooming house in such a manner as to create a danger of immediate injury or damage to persons or property, shall immediately suspend such permit, which suspension shall be given in writing, and schedule a hearing as soon as practicable for the presentation of evidence, after which the Director shall make a determination as to whether the permit shall be revoked. The same practices and procedures shall apply at such hearing as at a hearing held upon a notice set forth in Subsection A(1) above.
Any person whose permit to operate a rooming house has been revoked by the Director of Health shall immediately cease to use the premises as a rooming house. Upon bringing the premises into compliance with this article, a new application for a rooming house permit may be made to the Director of Health.
The designation of dwellings, dwelling units or rooming units as unfit for human habitation and the procedure for the condemnation and placarding of such dwellings, dwelling units or rooming units shall be carried out in compliance with the following requirements. Any dwelling, dwelling unit or rooming unit which the Director of Health shall find to have one or more of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Director of Health:
Any dwelling, dwelling unit or rooming unit that is so damaged, decayed or dilapidated, insanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public;
Any dwelling, dwelling unit or rooming unit that lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public; or
Any dwelling, dwelling unit or rooming unit that, because of its general condition or location, is insanitary or otherwise dangerous to the health or safety of the occupants or of the public.
Any dwelling, dwelling unit or rooming unit that is condemned as unfit for human habitation, and so designated and placarded by the Director of Health, shall be vacated within such time as may be ordered by the Director of Health.
No dwelling, dwelling unit, or rooming unit that has been condemned and placarded as unfit for human habitation shall be used again for human habitation until written approval is secured from the Director of Health and until such placard is removed by express permission of the Director of Health. The Director of Health shall permit removal of such placard by the owner, occupant, or person in charge of the dwelling, dwelling unit, or rooming unit upon the elimination of the defect for which the premises were condemned and placarded.
No person shall willfully deface or remove the placard from any dwelling, dwelling unit, or rooming unit which has been condemned as unfit for human habitation and placarded as such, except when such action has been authorized by the Director of Health as provided for in Subsection C.
In the event of the failure to take corrective action as ordered by the Director of Health as to any property condemned as unfit for human occupancy within the time ordered, the Director of Health shall take such action as is authorized by law to protect the public health.
Nothing herein contained shall be interpreted as precluding any private right of action of any person against an owner, occupant or person in charge of the condemned and placarded structure.
All subsequent transferees of a condemned dwelling, dwelling unit, or rooming unit shall be deemed to have notice of the continuing existence of the violations alleged, and said transferees shall be liable to all penalties and procedures provided by this article to the same degree as was their transferor.
Whenever any building or structure, whether of the residential, commercial, industrial or other type, becomes so damaged, decayed, dilapidated, unsanitary, unsafe, or rat- or vermin-infested as to be considered a source of danger to the life or health of persons who live in the vicinity, it shall be declared a public nuisance by the Director of Health. Upon declaring it a nuisance, the Director shall issue an order to the owner, in writing, requiring the rehabilitation or demolition of the structure. Upon a failure to comply with the order the Director of Health shall take such action as is authorized by law to protect the public health.
Prior to demolition, any building or structure, whether of the residential, commercial, industrial or other type, which has been declared a public nuisance by the Director of Health shall be treated by a licensed pest control operator for the prevention of potential vermin infestations, such as rodents.
[Amended 4-2-1990; 1-6-2003 by Ord. No. 01-03]
Any person who violates any provisions of this article or who shall willfully, wantonly or negligently refuse or fail to obey an order of the Director of Health or his duly authorized designee to meet the minimum standards of this article or any rule or regulation adopted pursuant thereto shall be fined by the City of Middletown not more than $100 and/or may be subject to criminal and/or civil penalties as provided for in the Connecticut General Statutes, as amended. Each continuing day's failure to comply with an order of the Director of Health or his duly authorized designee or any provision of this article shall constitute a separate and distinct violation.
[Amended 1-6-2003 by Ord. No. 01-03]
Any person aggrieved by an order of the Director of Health in the enforcement of the Middletown Housing Code may appeal to the Commissioner of Public Health pursuant to C.G.S. § 19a-229.
Any dwelling or premises lawfully existing at the effective date of this article or of any pertinent amendment thereto may be continued, subject to the following regulations:
Said existing dwelling may be continued if said dwelling is a one-family dwelling and is occupied by the owner or his family, or if said dwelling is a two-family dwelling where one of the apartments or dwelling units is occupied by the owner or his family; provided, however, that said existing dwelling must nevertheless conform with and adhere to all of the provisions of the Housing Code except the following sections: §§ 178-5A and B and 178-8C and D.
An existing dwelling which does not fall within the categories of dwellings delineated in Subsection A(1) above may be continued only if said existing dwelling conforms to and adheres to all of the provisions of the Housing Code; provided, however, that the Director of Health may exempt, in whole or in part, such an existing dwelling from the following sections if, in his opinion, compliance with these sections would be impractical or would create an extreme hardship upon the owner of such an existing dwelling: §§ 178-5A and B and 178-8C and D.
Any existing dwelling devoted to a special consideration may be reconstructed and structurally altered only subject to the following regulations:
An existing dwelling shall not be added to or expanded unless the addition or expansion conforms to the provisions of the Housing Code.
An existing dwelling which has been damaged by fire, explosion, accident, act of God or of the public enemy, or riot may be reconstructed to its condition immediately prior to such damage, provided that the cost of said reconstruction does not exceed 50% of its fair market value. In the event that the cost of said reconstruction exceeds 50% of the fair market value, said dwelling may not be reconstructed unless it conforms to all of the provisions of the Housing Code.
[Added 2-6-2006 by Ord. No. 04-06]
As used in this section, "nonresident owner" means an owner of occupied or vacant rental property who does not reside on such property; "address" means a location as described by the full street number, if any, the street name, the city or town, and the state, and not a mailing address such as a post office box; "dwelling unit" means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied, or is occupied, as the home or residence of one or more persons, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards; and "agent in charge" means one who manages real estate, including, but not limited to, the collection of rents and supervision of property.
Each nonresident owner of occupied or vacant rental real property in the City of Middletown shall annually report on or before August 1 and maintain on file in the Office of the Tax Assessor the current residential address of the nonresident owner of such property, if the owner is an individual, or the current residential address of the agent in charge of the building, if the nonresident owner is a corporation, partnership, trust or other legally recognized entity owning rental real property in the state. If such residential address changes, notice of the new residential address shall be provided by such nonresident owner or agent in charge of the building to such municipal office not more than 21 days after the date that the address change occurred. If the nonresident owner or agent fails to file an address under this section, the address to which the municipality mails property tax bills for the rental real property shall be deemed to be the nonresident owner or agent's current address. Such address may be used for compliance with the provisions of Subsection D of this section.
Each nonresident owner of occupied rental real property shall also provide a telephone number where said owner or a property manager authorized to act for said owner can be reached by City of Middletown emergency services personnel at any time.
Service of state or municipal orders relating to maintenance of such rental real property or compliance with state law and local codes concerning such real property directed to the nonresident owner or agent at the address on file, or deemed to be on file in accordance with the provisions of this section, shall be sufficient proof of service of notice of such orders in any subsequent criminal or civil action against the owner or agent for failure to comply with the orders, provided a copy is also mailed to any post office box address on file. The provisions of this section shall not be construed to limit the validity of any other means of giving notice of such orders that may be used by the state or the City of Middletown.
Any nonresident owner or agent who violates the provisions of Subsection B of this section shall have committed an infraction punishable by a fine of $250 for the first violation. The Housing Division of the City Health Department shall enforce the provisions of this section. Should the nonresident owner or agent fail to file the residential address report within 60 days of the citation for the first violation, a subsequent violation of this section shall occur and a fine of $1,000 shall be imposed.
The requirements of this section shall be in addition to and not in place of any other provisions of the Municipal Code.
[Adopted 6-2-2008 by Ord. No. 08-08]
As used in this article, the following terms shall have the meanings indicated:
- A written statement of the relevant conditions and facts giving rise to the Housing Code violation, including a reference to the specific section(s) of the Housing Code which has been violated.
- Any individual, firm, partnership, corporation, limited liability company, association or any other entity.
Masculine terms include the feminine.
Pursuant to C.G.S. § 7-148, as amended by Public Act No. 99-129, and in addition to remedies provided in the General Statutes and state regulations, State Public Health Code or City ordinances, the Director of Health or his/her designee is hereby authorized to issue citations for violations of the Connecticut Public Health Code, Middletown health ordinances or the Middletown Housing Code in accordance with this article. The fine for each such violation shall be $100 for each day that such violation continues, payable to the City of Middletown. All payments received for such violations shall be deposited in the City's general fund.
Any citation issued hereunder shall be served upon the person(s) named in such citation by either in-hand service made by the Director of Health or his designated agent, or any state marshal or constable having authority to serve civil process in the State of Connecticut, or by mailing such citation to the person(s) named therein at his last known home address or other address provided by him to the Director of Health, by certified mail, return receipt requested, postage prepaid. If the citation is refused, it may be sent by regular mail to such address. The Director of Health shall retain a true and attested duplicate original of such citation.
The Mayor shall appoint, subject to confirmation by the Common Council, a Citation Hearing Officer to conduct the hearings authorized by this article. The Citation Hearing Officer may not be an employee of the City of Middletown and shall serve without compensation. The Citation Hearing Officer shall serve for a term of two years, unless removed for cause.
If the person cited fails to pay the fine within a thirty-day period, the Director of Health, pursuant to C.G.S. § 7-152c, as amended, is authorized, at any time within 12 months from the expiration of said thirty-day period, to enforce said citation by sending said person a notice informing him:
Of the allegations against him and the amount of the fine due;
That he may contest the citation in a hearing by delivering in person or by mail written notice within 10 days of the date thereof;
That if he does not demand a hearing, an assessment of fine and judgment shall be entered against him; and
That such judgment may issue without further notice.
If the person sent the notice required by Subsection B above does not make full payment of the fine and does not make written demand for a hearing before the Citation Hearing Officer within 10 days of the notice provided for in Subsection B above, he shall be deemed to have admitted liability, and the Director of Health shall certify such person's failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and assess the fine provided for by this article.
If a hearing is requested, it shall be conducted in accordance with the provisions of C.G.S. § 7-152c(e), as amended.
The failure to pay the assessment of any fine(s) made by the Citation Hearing Officer can result in a Superior Court judgment as provided by C.G.S. § 7-152c(f), as amended, subject to judicial review as provided in C.G.S. § 7-152c(g), as amended.