Town of Stratford, CT General Provisions

A portion of a building located partly underground but having less than 1/2 its clear floor-to-ceiling height below the average grade of the adjoining ground.

CELLAR

A portion of a building located partly or wholly underground and having 1/2 or more than 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.

COMMUNICABLE DISEASE

The communicable diseases defined by the State Sanitary Code.

DIRECTOR OF HEALTH

The legally designated health authority of the Town or his authorized representative.

DWELLING

Any building which is wholly or partly used or arranged or designed to be used for living or sleeping by human occupants.

DWELLING UNIT

Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, arranged or designed to be occupied for living, sleeping, cooking and eating.

EXTERMINATION

The control and elimination of insects, rodents or other pests, by eliminating their harborage places, by removing or making inaccessible materials that may serve as food, by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods which have been approved by the Director of Health.

GARBAGE

Any animal or vegetable matter, or product of the putrefaction or decomposition thereof, which accumulates in the preparation of food and any other refuse or waste subject to decay.

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, pantries, foyers or communicating corridors, closets and storage spaces.

INFESTATION

The presence, within or around a dwelling, of any insects, rodents or other pests.

MULTIPLE DWELLING

Any dwelling containing more than two dwelling units.

OCCUPANT

Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.

OPERATOR

Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

OWNER

Any person who, alone or jointly or severally with others:

(1)

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2)

Shall have charge, care or control of any dwelling or dwelling unit, as "owner" or agent of the "owner," or as executor, executrix, administrator, administratrix, 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 chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the "owner."

PLUMBING

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 supplies or fixtures, together with all connections to water, sewer or gas lines.

PUBLIC PLACE

Any park, cemetery, schoolyard or open space adjacent thereto or any open or closed area where the public may congregate.

ROOMING HOUSE

Any dwelling, or that part of any dwelling, containing one or more rooming units in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother, of the owner or operator.

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 or eating purposes.

RUBBISH

Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

STREET

Any public street, side walk or gutter or private or unaccepted street, sidewalk or gutter which is open to the public.

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING

Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.

Meanings of certain words. Whenever the words "dwelling." "dwelling unit," "rooming house," "rooming units" or "premises" are used in this chapter, they shall be construed as if they were followed by the words "or any part thereof."

§ 120-2 Higher standards to prevail.

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 or code of the Town or the state existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other regulation or code of the Town or the state existing on the effective date of this chapter[1] which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall prevail.

[1]

Editor's Note: The effective date of the ordinance from which this chapter is derived was July 11, 1962.

§ 120-3 Authority to make inspections.

[Added 8-17-1965]

The Director of Health is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Town in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Director of Health is hereby authorized to enter, examine and survey, at a reasonable time, all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, may give the Director of Health free access to such dwelling, dwelling unit or rooming unit and its premises at a reasonable time for the purpose of such inspection, examination and survey. If right of entry is refused, the Director of Health shall follow due process of law in order to gain access.

§ 120-4 Complaints to Board of Health.

Any complaint made to the Board of Health shall include the name and address of the complainant.

§ 120-5 Notice of violations.

Whenever the Director of Health determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor, as hereinafter provided. Such notice shall:

(1)

Be put in writing.

(2)

Include a statement of the reasons why it is being issued.

(3)

Allow a reasonable time for the doing of any act it requires.

(4)

Be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally or if a copy thereof is sent by registered mail to his last-known address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized or required by the laws of the state.

The notice referred to in Subsection A(4) of this section may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.

§ 120-6 Hearing upon notice of violation.

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Director of Health, provided that such person shall file in the office of the Director of Health a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Director of Health shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day in which the petition was filed, provided that, upon application of the petitioner, the Director of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.

§ 120-7 Record of proceedings.

The proceedings at the hearing provided for in § 120-6, including the findings and decision of the Director of Health, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Director of Health. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Director of Health may seek relief therefrom, as provided by the laws of the state.

§ 120-8 Decision upon hearing.

After the hearing provided for in § 120-6, the Director of Health shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this chapter, and of rules and regulations adopted pursuant thereto, have been complied with.

§ 120-9 When notice becomes order.

If the Director of Health sustains or modifies any such notice given pursuant to § 120-5, it shall be deemed to be an order. Any notice served pursuant to § 120-5 shall automatically become an order if a written petition for a hearing is not filed in the office of the Director of Health within 10 days after such notice is served.

§ 120-10 Effect of violation upon permits.

After a hearing in the case of any notice suspending any permit required by this chapter, or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Director of Health, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Director of Health within 10 days after such notice is served.

§ 120-11 Emergency orders.

Whenever the Director of Health finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Director of Health, shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this chapter, and of rules and regulations adopted pursuant thereto, have been complied with, the Director of Health shall continue such order in effect or modify it or revoke it.

§ 120-12 Authority to make additional regulations.

[Added 2-14-1967]

The Director of Health is hereby authorized to make and to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter and the authority granted him by the Town Charter, provided that such rules and regulations shall not be in conflict with the provisions of this chapter nor the Town Charter. The Director of Health shall file a certified copy of all rules and regulations which he may adopt with the Clerk of the Town. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter as hereinafter provided.

§ 120-13 Flow of certain discharges into streets and gutters.

No kitchen wastes, laundry water, sink water or toilet wastes shall be allowed to discharge or flow into any gutter, street, roadway or public place nor shall such material discharge onto any private property so as to create a nuisance or condition detrimental to health.

§ 120-14 Public lavatories and toilets.

[Amended 2-10-1997 by Ord. No. 97-04]

Sufficient and suitable lavatories, well-lighted and ventilated, shall be provided at all public buildings and places of public assembly, except that temporary outdoor assemblies may, with the express permission of the Director of Health, be supplied with portable toilets. Public lavatories and portable toilets shall be maintained in a sanitary condition. Each lavatory shall be equipped with one or more water-flush toilets with a system of sewage disposal approved by the Director of Health and with a washbasin with hot and cold running water, soap, disposable towels and/or a mechanical drying device. The doors of all lavatories shall be equipped with automatic closing devices. The number, type and location of lavatories shall comply with the Building Code and the Public Health Code of the State of Connecticut.

§ 120-15 Removal of dead animals.

Any animal that shall die or be found dead in the Town, except when such animal has been killed for food, shall be properly buried by the owner thereof. When such owner is not known or cannot be found, the same shall be buried by the Public Works Department.

§ 120-16 Violations and penalties.

Any person who shall violate any of the provisions of this chapter, except where specifically provided otherwise, shall be fined not more than $100.