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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)
The Town Planner and/or other official designated by the Mayor (Enforcement Officer) are charged with the enforcement of this subchapter. It shall be the duty of the Enforcement Officer to enforce the provisions of this subchapter and any rules or regulations promulgated under this subchapter. The Enforcement Officer may order any owner who violates this subchapter to abate such violation, and shall be hereby authorized and empowered to issue citations for violations of this subchapter in accordance with § 154.36.
(Ord. 424, passed 10-2-00; Am. Ord. 741, passed 3-4-24)
(A) Special consideration shall be given to disabled individuals if they cannot maintain a reasonable level of upkeep of the owner- occupied residence because they are disabled and no capable person resides in the residence. In such cases, the Enforcement Officer shall give such disabled individuals adequate time to correct the problem.
(B) Where the owner of a blighted premises is found to be a low income individual under this subchapter, the Enforcement Officer shall give special consideration to that person by providing adequate time to correct the problem. If the items designated as blighted have to do with lawn, brush, weeds and shrub maintenance or keeping the grounds free from rubbish and debris, the Enforcement Officer will not provide additional time to correct the problem.
(Ord. 424, passed 10-2-00; Am. Ord. 741, passed 3-4-24)
(A) Blight violations. It shall be a violation of this subchapter for any owner, tenant, agent, occupant, corporation, business, entity or person in control of such property to create or maintain a blighted premises.
(B) Notice of violation. The town shall serve a written notice to an owner of a blighted premises of the violation(s) of this subchapter to the owner's last known address by certified mail, return receipt requested. The notice shall:
(1) Direct the removal, remediation, correction or abatement of the violation within ten calendar days after receipt of written notice;
(2) Notify the owner that failure to remove, remediate, correct and/or abate the violation shall result in the issuance of a citation in accordance with § 154.36;
(3) Set forth the fines and penalties imposed; and
(4) Specify that, if the owner fails to remove, remediate, correct and/or abate the violation, the town may cause the removal, remediation, correction and/or abatement of the violation at the expense of the owner of the blighted premises on which such violation exists, as further set forth in § 154.37, below.
Ord. 424, passed 10-2-00; Am. Ord. 741, passed 3-4-24)
(A) Service of written citation. The town shall serve a written citation, notifying the owner of a blighted premises of the violation(s) of this subchapter, to the owner's last-known address by certified mail, return receipt requested. Such citation shall inform the owner of the following:
(1) Amount of fine. The allegations against the owner and the amount of fines;
(2) Contesting the penalty. That the owner may contest the issue of liability before the town's duly appointed citation hearing officer by delivering, in person or by mail, written notice to the Town Planner and/or other official designated by the Mayor, within ten calendar days from the date of the citation(s);
(3) Admission of liability. That if the owner does not demand such a hearing in accordance with this section, the owner shall be deemed to have admitted liability; and
(4) Lien for unpaid blight fines. That the Town shall file a lien against the real property in accordance with Conn. Gen. Stat., § 7-148aa, for the amount of any unpaid blight fine imposed by the town in accordance with this subchapter, and that the lien may be enforced in the same manner as tax liens.
(B) Penalty for violations of blighted premises (“blight-related penalty”). Blight violations as set forth in § 154.35(B) or other applicable provisions, shall be punishable as follows:
(1) Occupied blighted premises. A fine of $150 for each day a violation exists and continues.
(2) Unoccupied blighted premises. A fine of $250 for each day a violation exists and continues.
(3) Three or more violations at blighted premises. A fine of $1,000 for each day that a violation exists and continues if such violation is the third or more such violation at such property during the prior 12-month period at the blighted premises.
(4) Standard for determination of three or more violations pursuant to § 154.36
(B)(3). For the sole purpose of determining if a violation is the third or more such violation at such property during the prior 12-month period, “VIOLATION” means a violation of this subchapter, for which the town has issued a notice of violation, and:
(i) In the determination of the town, the conditions creating such violation were previously cured; or
(ii) One hundred twenty days have passed from the notice of violation and the conditions creating the violation have not been cured.
A third violation may also be established where three or more conditions constituting such violation exist at a property simultaneously.
(Am. Ord. 74, passed 3-4-24)
(A) Notice to remove. The Enforcement Officer or other official designated by the town is hereby authorized and empowered to notify the owner of any blighted premises, pursuant to § 154.35(A), within the town, to remediate, remove, correct and/or abate blighted conditions that are not conducive to the public health, safety or welfare. Such notice shall be by certified mail, addressed to the owner at the owner’s last-known address.
(B) Action upon noncompliance. Upon the failure, neglect or refusal of any owner, following notification to remediate, remove, correct and/or abate blight violations dangerous to the public health, safety or welfare, within ten calendar days after receipt of written notice provided for in § 154.35(D) 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 the owner, the town may cause the remediation, removal, correction and/or abatement of the blight at the expense of the owner(s) of the blighted premises where such condition exists.
(C) Immediate action upon noncompliance. The town may take immediate enforcement action in the case of a violation at a blighted premises that is the third or more such blight violation at such property during the prior 12-month period. The town may cause the remediation, removal, correction and/or abatement of blight at the expense of the owner of the blighted premises.
(D) Recovery of expenses. The town may recover any expenses incurred to remediate, remove, correct and/or abate a blighted condition on such blighted premises under the provisions of the General Statutes or regulations from the owner of the real estate for which such expenses were incurred.
(E) Lien for expenses incurred to remediate, remove, correct and/or abate blight. The interest of each owner in such real estate shall be subject to a lien for the payment of such expenses, which lien shall take precedence over any other encumbrance except municipal tax assessments on such real estate. No such lien shall be valid, unless the town, not later than the date 30 days after the date on which such work has ceased, files a certificate of the lien and gives notice to the owner of the real estate in the same manner as provided in Conn. Gen. Stat., § 49-34. Simultaneous with the filing, the municipality shall make reasonable efforts to mail a copy of the certificate by first class mail to the lienholdefs current or last-known address.
(F) Appeal. Any appeal from any final action taken following this section may be taken in accordance with § 154.38, below.
(Ord. 424, passed 10-2-00; Am. Ord. 741, passed 3-4-24)
(A) Appointment of citation hearing officers. 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) Notice regarding uncontested payment of fines, penalties costs or fees. Within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for a citation issued under this subchapter, for an alleged violation thereof, the town shall send notice to the owner. The notice shall inform the owner cited:
(1) Of the allegations against them and the amount of the fines, penalties, costs or fees due;
(2) That they may contest their liability before a citation hearing officer by delivering in person or by mail written notice within ten days of the date thereof;
(3) That if they do not demand such a hearing, an assessment and judgment shall be entered against them; and
(4) That such judgment may issue without further notice. For purposes of this section, notice shall be presumed to have been properly sent if it was mailed to the owner's last-known address on file with the Tax Collector.
If the owner to whom such notice is issued is a registrant, the municipality may deliver such notice in accordance with Conn. Gen. Stat., § 7-148ii, provided nothing in this section shall preclude the town from providing notice in another manner permitted by applicable law.
(C) Admission of liability.
(1) Payment of fines. If the owner who or which is sent notice pursuant to division (B) of this section wishes to admit liability for any alleged violation, they may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated by such municipality. The payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the owner making the payment.
(2) Failure to demand appeal hearing. Any owner who does not deliver or mail written demand for a hearing within ten days of the date of the first notice provided for in division (B) of this section shall be deemed to have admitted liability, and the designated municipal official shall certify the owner's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in division (E) of this section.
(D) Appeal hearing: notice. Any owner who or which requests a hearing shall be given written notice of the date, time and place for the hearing.
(1) Timing of hearing. The 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 any interested party for postponement or continuance.
(2) Initial notice of violation deemed a business record. An original or certified copy of the initial notice of violation issued by the issuing 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.
(3) Presence of issuing official. The presence of the issuing official or police officer shall be required at the hearing if so requested by the owner.
(4) Presentation of evidence. An owner wishing to contest their liability shall appear ar the hearing and may present evidence on their behalf. A designated municipal official, other than the hearing officer, may present evidence on behalf of the municipality.
(5) Failure to appear. If the owner fails to appear, the hearing officer may enter an assessment by default against the owner upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from the owner copies of police reports, investigatory and citation reports, and other official documents by mail, and may determine thereby that the appearance of the owner is unnecessary.
(6) Conduct of the hearing. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as they deem 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.
(7) Decision by the hearing officer. The hearing officer shall announce their decision at the end of the hearing. If they determine that the owner is not liable, they shall dismiss the matter and enter their determination in writing accordingly. If they determine that the owner is liable for the violation, they shall forthwith enter and assess the fines, penalties, costs or fees against the owner as provided by the applicable ordinance of the town.
(E) 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 owner found liable and shall file, not less than 30 days or more than 12 months after such mailing, a certified copy of the notice of assessment with the clerk of a superior court facility designated by the Chief Court Administrator, together with an 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 owner may be accrued and filed as one record of assessment. The clerk shall enter judgment, in the amount of such record of assessment and court costs, against the owner in favor of the municipality. Notwithstanding any 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 the owner.
(F) An owner 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, at a superior court facility designated by the Chief Court Administrator, which shall entitle the owner or person to a hearing in accordance with the rules of the judges of the Superior Court.
(C.G.S. § 7-152c) (Ord. 424, passed 10-2-00; Am. Ord. 741, passed 3-4-24)
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