For the purposes of this subchapter, the following words, terms and phrases shall have the following meanings, unless the context clearly indicates otherwise.
“BLIGHT” OR “BLIGHTED.” Blighted premises as defined in this section.
“BLIGHTED PREMISES.” Any building or structure, or any parcel of land, including housing and commercial real property, in which at least one of the following conditions exists:
(1) It is determined, by the Town Planner, Building Official. Director of Health, as defined, or such other official designated by the Mayor as an Enforcement Officer, that the building, structure or parcel of land is in a condition that poses a serious threat to the safety, health and general welfare of the community;
(2) It is vacant and attracts illegal activity as documented by Police Department reports or vacant buildings or structures left unsecured or unguarded against unauthorized entry;
(3) It is a fire hazard as determined by the Fire Marshal or documented by the Fire Department;
(4) It is not being maintained, as evidenced by the existence of one or more of the following conditions or such conditions as may be discovered in furtherance of the purposes of this section, as otherwise set forth in federal, state or local law: missing or boarded windows or doors; collapsing or missing walls, roof or floor; seriously damaged or missing siding; fire or water damage; a structurally-faulty foundation: physical hazards, rodent harborage or any pest infestation, garbage, trash or abandoned motor vehicles or boats situated on the premises (unless the premises is a junk yard legally licensed in the State of Connecticut); overgrown grass, brush, shrubs or weeds of at least one foot in length; or front yards allowed to deteriorate into unattended bare, dirt patches or containing litter, poison ivy, ragweed or other noxious plants, broken glass, crumbling stone or other condition reflective of deterioration or inadequate maintenance, a dumpster or other refuse container on a residential construction site unless a construction, improvement or other project is to commence or has been completed within one month;
(5) It is a substantial factor causing serious depreciation of the property values in the neighborhood;
(6) Commercial parking lots left in a state of disrepair or abandoned;
(7) Is or continues to be is a state of disrepair or is or is becoming dilapidated as documented by the Building Official, Director of Health or other Enforcement Officer, designated by the Mayor.
(8) It is a factor creating a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other space within the building or of other premises within the neighborhood as documented by neighborhood complaints, or cancellation of insurance on proximate properties.
“BUILDING.” In addition to the ordinary meanings, includes any watercraft, trailer, sleeping car, railroad or other structure or vehicle.
“BUILDING OFFICIAL.” The building official as defined in Conn. Gen. Stat., § 29-250.
“CAPABLE INDIVIDUAL.” A person that can be reasonably expected to perform maintenance and yard work around a property or premises. This shall include children above 16 years of age without physical or mental disability as defined herein.
“DILAPIDATED” OR “STATE OF DISREPAIR.” A building or structure, or part thereof, that would not qualify for a certificate of occupancy if applied for, or which is deemed an unsafe structure as defined by the State Building Code, and any dwelling or unit which is designated as unfit for human habitation as defined in the State Building code and/or the Town Code of Ordinances, or is in a physically deteriorating condition that, left unabated, would cause an unsafe or unsanitary condition or nuisance to the general public.
“DIRECTOR OF HEALTH.” The town official, if any or legally designated health authority of the town or other entity, authorized to administer the provisions of Chapter 368e (Municipal Health Authorities) or any local Housing Code.
“DISABLED INDIVIDUAL.” In the case of an owner-occupied residence, an individual who has a disability meeting the definitions for the mental or physical disability as defined under the Americans With Disabilities Act of 1990, and does not have other household members capable of providing the necessary maintenance.
“HOUSING BLIGHT” OR “BLIGHTED COMMERCIAL REAL PROPERTY.” Blighted premises as defined in this section.
“LEGAL OCCUPANCY.” Human habitation which is legal by virtue of compliance with the State Building, State Fire Safety, Local Zoning, Local Housing and all other pertinent codes, and which habitation must be demonstrated by proof of occupancy through a bona fide lease agreement, rent receipt or utility statement.
“LOW INCOME INDIVIDUAL.” In the case of an owner-occupied residence, an individual, or where more than one person resides on the premises, a family unit, that has an income below the highest level of income established by the State of Connecticut’s Elderly Tax Relief Program. This level is in the upper limit of step 5 as set forth in Conn. Gen. Stat., § 12-170aa(c). It is immaterial that a person is not elderly with regards to this subchapter, because the reference to Conn. Gen. Stat., § 12-170aa(c) is only for the purpose of providing a guideline for this subchapter.
“NEIGHBORHOOD.” An area of the town comprised of premises or parcels of land, any part of which is within a contiguous radius of 800 feet of any other parcel within the town.
“OWNER.” The owner of record title of a blighted premises; however, for purposes of conducting enforcement hearings, other persons or agents of the owner shall be compelled to comply with any notices or requirements to appear.
“PROPERTY.” Includes all residential and commercial buildings, structures and parcels of land.
“TOWN.” The Town of Hamden.
“UNIT.” Any space within a building that is or can be rented by or to a single person or entity for his or its sole use, and is intended to be a single and distinct space.
“VACANT.” A period of 60 days or longer during which a building or structure, or part thereof, or land, is not legally occupied.
“VACANT PARCEL.” A parcel of land with no structure(s) thereon.
(Ord. 424, passed 10-2-00; Am. Ord. 741, passed 3-4-24)