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(A) Notice to remove. The Enforcement Officer is hereby authorized and empowered to notify, in writing, the owner of any land or property within the town of any violation(s) of this subchapter (citing the Code sections) and to direct such owner to remove or correct such violation which is dangerous to the public health, safety or welfare. The notice shall be by registered mail, addressed to the owner at his/her last known address.
(B) Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to correct or remove any violation(s) of this subchapter dangerous to the public health, safety or welfare within ten days after receipt of written notice provided for in § 154.14 and division (A) of this section, or within ten days after the date of such notice in the event same is returned to the town because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the town may cause the abatement of a violation of this subchapter at the expense of the owner(s) of the premises where such violation exists. Costs shall include labor, materials and equipment.
(C) Conference granted to owner/agent. Any owner or agent notified under division (A) of this section shall be granted a conference with the Town Planner and/or other official designated by the Mayor upon his/her request. Such conference shall be granted as soon as practicable, but the conference shall in no way stay the abatement order.
(D) Recorded statement constitutes lien. Upon completion of such work, the Enforcement Agent shall determine the actual cost thereof and bill the owner or agent thereof. Upon the failure of the owner or agent to remit to the town the amount of such charge within 30 days from the date of such notice, the Enforcement Agent, within 90 days from the date of such notice, shall cause to be recorded in the land records a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property. Any appeal from any action taken following this section shall be in accordance with § 154.17.
(Ord. 425, passed 10-2-00)
(A) The Mayor shall appoint one or more citation hearing officers, other than police officers, employees, or persons who issue citations to conduct the hearings authorized by this section.
(B) If any person who is sent notice pursuant to § 154.15 wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fine(s) admitted to, in person or by mail to an official designated by the town. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within ten days of the date of the first notice provided for in § 154.15 shall be deemed to have admitted liability, and the designated town official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for herein and shall follow the procedures set forth in § 154.15 for placing a lien on real property.
(C) Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of notice, provided the hearing officer shall grant upon good cause shown any reasonable request by an interested party for postponement or continuance. An original or certified copy of the initial notice of violation issued by the issuing town official or Police Officer shall be filed and retained by the town, and shall be deemed to be a business record within the scope of Conn. Gen. Stat., § 52-180, and evidence of the facts contained therein. The presence of the issuing official or Police Officer shall be required at the hearing if such person so requests. A person wishing to contest his/her liability shall appear at the hearing and may present evidence in his/her behalf. A designated municipal official, other than the hearing officer, may present evidence on behalf of the municipality. If such person fails to appear, the hearing officer may enter an assessment by default against him/her upon a finding of proper notice and liability under the applicable provisions(s) of this subchapter. The hearing officer may accept from such person copies of police reports, investigatory and citations reports, and other official documents by mail, and may determine thereby that the appearance of such person is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he/she deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The hearing officer shall announce his/her decision at the end of the hearing. If he/she determines that the person is not liable, he/she shall dismiss the matter and enter his/her determination in writing accordingly. If he/she determines that the person is liable for the violation, he/she shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by this subchapter.
(D) If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court for Geographical Area No. 7, 54 West Main Street, Meriden, CT 06450, together with the appropriate entry fee. The certified copy of the notice of assessment shall constitute a record of assessment. Within such 12-month period, assessments against the same person may be accrued and filed as one record of assessment. The clerk shall enter judgment if the amount of such record of assessment and appropriate court costs against such person favor of the town. Notwithstanding any other provision of the General Statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment, and a levy of execution on such judgment may issue without further notice to such person.
(E) A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to Conn. Gen. Stat., § 52-259, with the Clerk of the Superior Court, Geographical Area No. 7, 54 West Main Street, Meriden, CT 06450, which shall entitle such person to a hearing in accordance with the judges of the Superior Court.
(C.G.S. § 7-152c)
(Ord. 425, passed 10-2-00)
RATPROOFING METHODS
Floor foundations should be of 4-inch thickness of concrete, with foundations extending at least 2 feet below ground level. From ground level to a height of 12 inches, building should be ratproofed with metal or 1/2-inch mesh wire hardware cloth.
('66 Code, Appendix VII, § 1)
Where the above is not practicable, 1/2-inch mesh wire hardware cloth may approved by the town attorney, directing removal or correction of the violation within 7 days after service of the notice, or shall cause the posting of the notice in a prominent place upon such premises whenever a responsible person reasonably cannot be located. Immediately upon expiration of any period for correction set forth in any violation notice, the council enforcement agent shall determine whether correction has occurred and, if not fully, shall without further delay of any kind file request for arrest warrant with the prosecutor having jurisdiction.
(Adopted 8-3-70)
All buildings should be at least 2 feet above ground level, with supports ratproofed with metal disks extending at least 9 inches out from supports, and a clear space should be present underneath the building. All openings should be screened with wire mesh of not less than 1/2-inch mesh, except that doors may be of wood, with metal flashings extending one foot above the bottom of the doors, and doorsills and jambs flashed with metal.
('66 Code, Appendix VII, § 3)
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