A.
BASEMENT
CELLAR
COMMUNICABLE DISEASE
DIRECTOR OF HEALTH
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
(1)
(2)
PLUMBING
PUBLIC PLACE
ROOMING HOUSE
ROOMING UNIT
RUBBISH
STREET
SUPPLIED
TEMPORARY HOUSING
For the purposes of this chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
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.
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.
The communicable diseases defined by the State Sanitary Code.
The legally designated health authority of the Town or his
authorized representative.
Any building which is wholly or partly used or arranged or
designed to be used for living or sleeping by human occupants.
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.
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.
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.
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.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
Any dwelling containing more than two dwelling units.
Any person, over one year of age, living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are let.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
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."
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.
Any park, cemetery, schoolyard or open space adjacent thereto
or any open or closed area where the public may congregate.
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.
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.
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.
Any public street, side walk or gutter or private or unaccepted
street, sidewalk or gutter which is open to the public.
Paid for, furnished or provided by or under the control of
the owner or operator.
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.
B.
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."
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.
[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.
Any complaint made to the Board of Health shall
include the name and address of the complainant.
A.
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.
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.
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.
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.
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.
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.
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.
[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.
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.
[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.
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.
Any person who shall violate any of the provisions
of this chapter, except where specifically provided otherwise, shall
be fined not more than $100.