[HISTORY: Adopted by the Town Council of the Town of Wallingford 7-10-1984
by Ord. No. 323. Amendments noted where applicable.]
The intent of this chapter is to protect the public health, safety and
welfare by eliminating physical conditions in or on buildings and structures
which constitute nuisances and are thereby potentially dangerous or hazardous
to the life, health or safety of persons on or near the premises where such
conditions exist, as well as to prevent the creation, continuation, extension
or aggravation of blight which affects the image and economic welfare of the
community. This chapter provides for the designation of buildings or structures
as hazardous and for procedures for the demolition of such buildings and structures.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building or structure which meets any or all of the following
criteria:
Unsanitary, constituting a hazard to health or safety because of inadequate
maintenance, dilapidation, neglect or abandonment or because of a lack of
proper sanitation or structurally unsafe or unsound or otherwise dangerous
to persons or property; and/or
Buildings or any part thereof which are in a dilapidated or filthy condition
which may endanger the life or health of persons living in the vicinity, and/or
which constitute a nuisance.
Any public or private condition that would constitute a nuisance according
to the statutes, laws and regulations of the State of Connecticut, its governmental
agencies or the ordinances of the Town of Wallingford.
Any physical condition in or on any building or structure which is potentially
dangerous, detrimental or hazardous to the life, health or safety of persons
on, near or passing within the proximity of the premises where such condition
exists.
A.
Compliance with this chapter shall not constitute a defense
against any violation of any other ordinance of the Town of Wallingford applicable
to any building or structure, nor shall any one act of compliance constitute
a defense against any subsequent or other violation or this chapter.
B.
Owners and operators of buildings and structures shall
have all the duties, obligations and responsibilities prescribed in this chapter,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder nor be entitled to assert as a defense against
any charge made against him/her/them for violation of this chapter the fact
that another owner or operator or any other third person or entity is also
responsible therefor and in violation thereof.
A.
The Building Inspector of the Town of Wallingford, or
his/her designated representative, is hereby designated as the officer charged
with the enforcement of this chapter and is hereinafter referred to as the
"enforcement officer."
B.
The enforcement officer shall:
(1)
Determine if a certain building or structure appears to be a "hazardous building" as defined in § 90-2 above.
(2)
Upon determining that a building or structure may be
hazardous, give written notice to the owner, occupant, mortgagee, lessee,
agent and all other persons having an interest in said premises, as shown
by the land records of the Town of Wallingford, to appear before him/her on
the date specified in the notice to show cause why the building or structure
alleged to be hazardous should not be repaired or demolished.
(3)
Hold a hearing and hear such testimony as the owner,
occupant, mortgagee, lessee or any other person having an interest in said
building, as above provided, shall offer relative to the building or structure
in question, as well as testimony of adjoining property owners and of the
general public.
(4)
At such hearing, solicit the testimony, either written
or oral, of appropriate town departments as to the condition of the building,
which departments may include, but need not be limited to, the Department
of Health, Fire Department, Police Department and/or Building Department.
(6)
Issue an order based upon the findings of fact made pursuant to Subsection B(5) above, commanding the owner, occupant, mortgagee, lessee, agent and/or other persons having an interest in the building to repair or demolish the building or structure found to be hazardous within 30 days, unless a lesser time period is warranted by emergency conditions.
Within 10 days after the order as referenced in § 90-4B(6) is served, the owner, operator, occupant or other party(ies) with an interest in such building or structure may appeal the order, in writing, to the Building Board of Appeals for its review of the order. The Building Board of Appeals shall conduct a hearing on such appeal within 10 days of its filing, and may either deny the appeal or modify, extend or otherwise alter the order.
If the owner, operator, occupant or other party(ies) fails to comply with the order provided for in § 990-4B(6), including such alterations as may result from the appeal process provided in § 90-5, the enforcement officer shall cause such building or structure to be repaired or demolished as the order may warrant and shall notify the Town Attorney's office of the costs of such repairs or demolition, which office shall cause the costs to be charged against the building or structure or the land on which the building or structure existed as a municipal lien, or as a benefit assessment, or to be recovered in a suit against the owner, said costs to include a processing fee of $50 payable to the Town of Wallingford.
The provisions of this chapter shall be supplemental to existing municipal
ordinances dealing with housing and/or public health and shall not limit the
provisions of other local, state or federal codes, regulations or statutes
as they may apply. If any clause or provision of this chapter shall conflict
with any clause or provision of any other ordinance or other local, state
or federal code, regulation or statute, the more stringent provision shall
apply.
