Amendment to Anti Blight Ordinance & Property Maintenance Ordinance

7/31/2019 Amendment to Anti Blight Ordinance & Property Maintenance Ordinance

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.. TitleORDINANCE AMENDMENT TO THE ANTIBLIGHT ORDINANCE AND PROPERTYMAINTENANCE ORDINANCE.

Sec.15-52 (NEW)Property Maintenance Ordinance

..BodyDeclaration of Policy.

This ordinance is to be known as the Property Maintenance ordinance and is enacted andauthorized pursuant to Connecticut General Statutes, Sections 7-148(c)(7)(H), 7-148aa and 7-152c,as amended from time to time.

In order to prohibit and abate within the municipality Nuisance Conditions, and the causesthereof, as defined below, it is declared that all structures, including but not limited to one and two-family and multiple-family dwellings, whether or not used for residential purposes, garden apartments,and all other apartment complexes, condominiums, vacant lots, all shopping centers, supermarkets,retail stores, discount houses, warehouses, manufacturing or fabrication plants factories, gasolineservice stations, public garages, motor vehicle repair shops or other business or commercial uses,

and accessory structures to all of the foregoing, whether occupied or vacant, shall be maintained inconformity with the standards set out in this ordinance, inclusive so as to assure that none of thesestructures or properties will adversely affect their neighborhood or the larger community.

It is found and declared that by reason of lack of maintenance and progressive deterioration,

certain structures and properties have the further effect of creating blighting conditions and initiatingslums, and that if the same are not curtailed and removed, the aforesaid conditions will grow andspread and will necessitate in time the expenditures of large amounts of public funds to correct andeliminate the same. By reason of timely regulations and restrictions, as herein contained, the growthof slums and blight may be prevented and neighborhood and property values may thereby bemaintained, the desirability and amenities of residential and nonresidential uses and neighborhoodsenhanced, and the public health, safety and welfare protected and fostered.

This ordinance is also intended to provide minimum standards governing the condition, LegalOccupancy and maintenance of occupied and unoccupied premises and to establish reasonablesafeguards for the health, safety and welfare of occupants and users of the premises, the communityand the general public.

This ordinance is further intended to maintain and preserve the beauty of the Neighborhoodsand to allow for the control of blighted properties.

(a) Definitions .

For the purpose of this ordinance, the following words and terms shall have the following meanings:

(1) Nuisance Conditions shall mean the violation of the following standards with respect to

open areas:

(i) All premises shall be graded, drained, kept free of standing water andmaintained in a clean, safe and sanitary condition. Surface and subsurface water shall beappropriately drained to prevent the development of stagnant ponds.

(ii) No shopping baskets, carts or wagons shall be left unattended orstanding, and the baskets, carts or wagons shall be collected as often as necessary andremoved to the interior of the building or buildings from which they were taken.

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(iii) All fences shall be maintained. Such maintenance shall include, but notbe limited to, painting as needed, removal or covering of graffiti, and the replacement orrepair of fences, which may become in disrepair.

(iv) All landscaping shall be maintained so that lawns, hedges, bushes and

trees shall be kept neatly and free from becoming overgrown and unsightly where exposedto public view and where the same may have a tendency to depreciate adjoining property.The maintenance shall include, but not be limited to, the replacement of trees and shrubs,which may die or otherwise be destroyed. Grass, weeds or similar growths shall not reacha height greater than one (1) foot on any premises.

(v) The planting strip fronting the property shall be maintained in a safecondition, neat, mowed as necessary, and free of litter, poison ivy, ragweed, and othernoxious plant.

(vi) Steps, walks, driveways, parking spaces and similar paved areas shallbe maintained to afford safe passage under normal use and weather conditions. Any holesor other hazards that may exist shall be filled and necessary repairs and replacement

accomplished. All off street parking facilities shall be swept as often as necessary in thedetermination of the Enforcement Officer.

(vii) Yards, courts and vacant lots shall be kept clean and free of physicalhazards, rodent harborage and infestation, and shall be maintained in a manner that willprevent accumulations of trash, garbage, litter, debris and rubbish. The Owner of theproperty shall maintain his/her property litter free, and shall remove discarded orinoperative appliances, furnishings or machinery.

(viii) All signs exposed to the public view shall be maintained in good repair.Excessively weathered or faded signs shall be removed or put into good repair. A non-operative or broken electrical or other sign shall be repaired or removed.

(ix) Trash receptacles shall be emptied on a regular basis.

(x) All places of business that serve food or drink to patrons (e.g.,restaurants, cafes, bars) shall maintain receptacles for the disposal of cigarettes on theirpremises and shall empty the receptacles on a regular basis.

Nuisance Conditions shall also mean the violation of the following standards with respectto buildings and structures:

(i) The exterior of buildings and structures shall be maintained so that it isnot dDilapidated or decaying, not open to the elements, and so that its appearance shallnot have a tendency to depreciate adjoining property. The following factors may beconsidered in determining whether a building or structure is being maintained: missing orboarded windows or doors; collapsing or missing walls, roof or floor; exterior walls whichcontain holes, breaks, loose or rotting materials or the presence of graffiti, or exterior wallswhich are not properly surface-coated to prevent deterioration; siding that is seriouslydamaged or missing; foundation walls which contain open cracks or leaks or arestructurally faulty; overhang extensions, including but not limited to canopies, signs,awnings, stairways, fire escapes, standpipes and exhaust ducts which contain rust orother decay; chimneys and other appurtenances which are in a state of disrepair; andinsect screens which contain tears or ragged edges.

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(ii) The foundation walls of every building shall be maintained in goodrepair, free of graffiti and in structurally sound condition.

(iii) Foundations, floors, and walls shall be in good painted or finishedcondition without peeling.

(iv) Exterior walls (including doors and windows), roofs, and the areasaround doors, windows, chimneys and other parts of a building shall be maintained as tokeep water from entering the building and to prevent undue heat loss from occupied areas.Materials, which have been damaged or show evidence of dry rot or other deteriorationshall be repaired or replaced and refinished in a workmanlike manner. Exterior walls, roofsand other parts of the building shall be free from, loose and unsecured objects andmaterial. Such objects and materials shall be removed, repaired or replaced.

(v) Buildings and structures shall be maintained free of insect, vermin,pigeon and rodent harborage and infestation.

(vi) Buildings and structures shall be maintained in a clean and sanitarycondition free from health, safety and fire hazards.

(viii) All storefronts, both occupied and non-occupied, and their wallsexposed to public view shall be kept in a good state of repair and free of graffiti.

Nuisance Conditions shall also mean any conditions which unreasonably hinder the use ofadjacent properties, block or interfere with the use of the public sidewalk, and/or public orprivate street or right of way, or obstruct the sighting of any road sign, obstruct utility linesor other cables to or around the premises, or extend or infringe beyond the boundaries ofthe property.

Nuisance Conditions shall also mean that the overall condition of the property causes an

unreasonable impact on the enjoyment of or value of neighboring properties as expressedby persistent complaints from adjoining and nearby property owners.

Nuisance Conditions shall not mean the violation of any of the above standards when theyexist on Exempt Property.

(2) Building Official shall mean the building official as defined in Conn. General Statutes,Section 29-260, as amended from time to time.

(3) Dilapidated shall mean a building or structure or part thereof that would not receive acertificate of occupancy if applied for.

(4) Director shall mean the Executive Director of the Livable City Initiative.

(5) Vacant shall mean a period of sixty (60) days or longer during which a building orstructure or part thereof, or land is not legally occupied.

(6) Livable City Initiative shall mean the Citys Livable City Initiative as established in thisCode.

(7) Legal Occupancy shall mean occupancy that is legal by virtue of compliance with

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federal laws, state building, state fire safety, local zoning, local housing, and all otherpertinent codes, which habitation must be substantiated by a bona fide lease agreement, arent receipt or a utility statement.

(8) Neighborhoods shall mean the areas of the City comprised of all premises or parcelsof land any part of which is within a radius of eight hundred (800) feet of any part of

another parcel or lot within the City.

(89) Vacant parcel shall mean a parcel of land with no structure(s) thereon.

(910) Unit shall mean any space within a building that is or can be rented by or to asingle person or entity for his/her/its sole use, and is intended to be a single and distinctspace.

(101) Elderly Individual shall mean, in the case of an owner-occupied residence, anindividual over the age of sixty-five (65), who does not have a household member capableof providing the necessary maintenance, nor the financial resources sufficient to hiresomeone to provide the necessary maintenance.

(112) Disabled Individual shall mean, in the case of an owner-occupied residence, anindividual who has a disability meeting the definitions for a mental or physical diasability asdefined under the Americans with Disabilities Act of 1990, and does not have otherhousehold members capable of providing the necessary maintenance, nor the financialresources sufficient to hire someone to provide the necessary maintenance.

(123) Low-Income Individual shall mean, in the case of an owner-occupied residence, anindividual, or when more than one person resides on the premises, a family unit, that hasan income below the highest level of income established by the State of ConnecticutsElderly tax Relief Program. This level is the upper limit of step 5 as set forth in theConnecticut General Statutes, Section 12-170aa(c). It is immaterial that a person is not

elderly with regards to this ordinance because the reference to Section 12-170aa(c) is onlyfor the purpose of providing a guideline with respect to income levels for this ordinance.

(134) Capable Individual shall mean a person that can be reasonably expected toperform maintenance and yard work around a property or premises. This shall includechildren above sixteen (16) years of age without physical or mental diasability as definedherein.

(145) City shall mean the City of New Haven.

(156) Mayor shall mean the Mayor of the City of New Haven.

(167) Enforcement Officer(s) shall mean an employee or employees of the Citydesignated by the Mayor to enforce the provisions of this ordinance.

(178) Hearing Officer(s) shall mean the Anti-Blight Hearing Officer(s) designated by theMayor to hear and adjudicate appeals from citations for violation(s) of this ordinance.

(189) Owner shall mean any owner, agent, tenant or person in control of real propertysituated in the City.

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(1920) Exempt Property shall mean any City-owned property, and any building orstructureundergoing remodeling, restoration, repair or renovation under a current building permit,provided that the Nuisance conditions will be corrected thereby and that the BuildingOfficial determines that the work is proceeding in a reasonably expeditious timeframe.

1~003/039(b) Nuisance Defined.(b) Prohibition of Creating or Maintaining Nuisance Conditions .

No person, firm or corporation, including an Owner of real property in the City shall allow,create, maintain or cause to be created, maintained or continued Nuisance Conditions asdefined by this ordinance on any premises or property in the City. Violation of thisprovision shall result in a fine up to One Hundred Dollars ($100.00) or the maximumamount authorized by state statutes or this ordinance for each day that said violationcontinues.

(c) Enforcement.

The Director and/or other official designated by the Mayor shall be charged withsupervising the enforcement of this ordinance. The Mayor shall also designate anEnforcement Officer or Officers to carry out the enforcement of this ordinance. It shall bethe duty of the Enforcement Officer(s) to enforce the provisions of this ordinance and anyrules or regulations promulgated under this ordinance. The Enforcement Officer shallundertake regular inspections for the purpose of documenting Nuisance Conditions. TheEnforcement Officer may order any person who violates this ordinance to abate suchviolation and shall be hereby authorized and empowered to issue citations for violations ofthis ordinance. The Enforcement Officer shall also be authorized and empowered toeffectuate the removal of the Nuisance Conditions under the procedures set forth in thisordinance.

(d) Special Consideration.

Special consideration shall be given to any individual who is an Elderly Individual or aDisabled Individual if such individual is elderly or disabled and no Capable Individualresides in the residence. In such cases, the Enforcement Officer may give such ElderlyIndividual or Disabled Individual additional time to correct the violation, .not to exceed sixty(60) days, to correct the violation, and at the expiration of any additional time granted bythe Enforcement Officer, the Director may grant such Elderly Individual or DisabledIndividual additional time, not to exceed sixty (60) days, to correct the violation.

Where the owner of a Blighted Premises is found to be a Low Income Individual under thisordinance, the Enforcement Officer may give special consideration to such individual byproviding additional time, to correct the violation. not to exceed sixty (60) days, to correctthe violation, and at the expiration of any additional time granted by the EnforcementOfficer, the Director may grant such Low Income Individual additional time, not to exceedsixty (60) days, to correct the violation.

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However, in the case of an Owner who is an Elderly Individual, a Disabled Individual or aLow- Income Individual, if the items designated as a Nuisance have to do with lawn, brush,weeds and shrub maintenance or keeping the grounds free from rubbish and debris, or ifthe nuisance constitutes a danger to the public health, safety or welfare, the EnforcementOfficer shall not provide additional time to correct the violation .neither the EnforcementOfficer nor the Director shall grant additional time to correct the violation.

(e) Inspections and Investigations: Reports .

The Enforcement Officer shall initiate inspections and investigations and shall receiveinformation and complaint, concerning compliance with the provisions of this ordinance.The Enforcement Officer shall provide the Director with monthly written status reportsindicating the number of complaints, violations identified, active and closed cases andother information as requested.

(f) Notice of Violation.

The City shall serve a written notice to an Owner of property on which NuisanceConditions exist of the violation(s) of this ordinance by personal in-hand service ordelivery, or by mailing such notice to the Owners last known address by certified mail,return receipt requested. Such notice shall direct the removal, correction or abatement ofthe violation within ten (10) calendar days after receipt of the written notice and shall notifythe Owner that failure to remove, correct or abate the violation shall result in the issuanceof a citation in accordance with this ordinance. Such notice shall further inform the Ownerthat failure to remove, correct or abate the violation will result in either fines being imposedwhich are enforceable as a lien on the Owners property which may also be converted into

a court judgment, or the City may cause the removal or abatement of the violation at theexpense of the Owner.

(g) Hearing Officer.

The Mayor shall appoint one or more Hearing Officer(s), who shall not be a City employee,to conduct the hearings authorized by this ordinance. Such Hearing Officer shall servewithout pay. The Mayor may remove any such Hearing Officer at any time for whateverreason he/she deems sufficient.(h) Citation/ Penalties.

The City shall serve a written civil citation notifying the Owner of a property on which aNuisance Conditions exist of the violation(s) of this ordinance. The citation shall be servedupon the Owner by personal in-hand service or delivery, or by mailing such citation to theOwner's last known address by certified mail, return receipt requested. The civil citationshall provide the Owner with the following information:(i) The allegations made against him/her and the amount of the proposed fines per day ofcontinued violation of the ordinance;(ii) That he/she may contest his/her liability before the City's duly appointed HearingOfficer by delivering written notice in person or by mail to said Hearing Officer c/o the

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Director, Livable City Initiative, City Hall, 165 Church Street, 3 rd floor, New Haven, CT06511 within ten (10) calendar days from the date of receipt of the citation(s);(iii) That if he/she does not demand such a hearing in accordance with this ordinance,he/she shall be deemed to have admitted liability, and an assessment may issue withoutfurther notice;(iv) That the City may file a lien against said real property in accordance with Conn.

General Statutes, Section 7-148aa as amended from time to time, for the amount of anyunpaid property maintenance fine imposed by the City in accordance with this ordinance;(v) That said lien may be enforced in the same manner as a property tax lien. Pursuant toConn. General Statutes, Section 7-148aa, as amended from time to time, any unpaid fineimposed pursuant to the property maintenance citation hearing procedure shall constitutea lien upon the real property against which the fine was imposed from the date of the fine.The lien shall be continued, recorded, released and enforced as provided for by saidstatute. Such liens shall take precedence over all other liens and other encumbrances,except taxes, filed after July 1, 1997;(vi) That fines imposed may be converted to a court judgment for money damages withadditional court cost imposed; and(vii) That in the case of Nuisance Conditions which pose a danger to the public health,

welfare and safety, the City may cause the conditions to be corrected, removed or abatedat the expense of the Owner, and that the amount of such costs for removal or abatementmay also become a lien against the Owners real estate.

(i) Removal by City.

(1) Notice to Remove.

The Enforcement Officer or other official designated by the Mayor is hereby authorizedand empowered to notify the Owner of any property within the City on which NuisanceConditions exist to correct, remove or abate the Nuisance Conditions which are dangerousto the public health, safety or welfare. Such notice shall be served by in-hand service or

delivery, or shall be mailed by registered mail to the Owner at his/her last known address.

(2) Actions Upon Noncompliance.

Upon the failure, neglect or refusal of any Owner so notified to correct, remove or abatesuch Nuisance conditions which are dangerous to the public health, safety or welfarewithin ten (10) calendar days after receipt of the written notice provided for in thisordinance, or within ten (10) days after the date of such notice in the event the same isreturned to the City because of the inability to make delivery thereof, provided the samewas properly addressed to the last known address of the Owner, the City may cause suchabatement, either by City staff or an independent contractor engaged by the City, of theNuisance Conditions at the expense of the Owner of the property where such Nuisance

Conditions exist.

(3) Conference Granted to Owner.

Any Owner notified under subsection (1) above shall be granted a conference with theDirector or his/her designee upon the written request of the Owner. Such conference shallbe granted as soon as practicable, but the conference shall in no way stay the abatementof the Nuisance Conditions.

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(4) Recorded Statement Constitutes Lien.

Upon completion of the abatement of the Nuisance Conditions, either by City staff or by anindependent contractor engaged by the City to abate the conditions, the Director or his/herdesignee shall determine the actual cost of the abatement and shall bill the Ownertherefore. Upon the failure of the Owner to pay the City the amount of such charge within

thirty (30) days from the date of such bill, the Director or his/her designee shall cause to berecorded in the land records of the City a sworn statement detailing the cost and expenseincurred for the abatement work, the date the work was done and the location of theproperty upon which the work was done. The recordation of the sworn statement shallconstitute a lien on the property. Any appeal from any final action taken in accordance withthis subsection of the ordinance may be taken in accordance with subsection (j) below ofthis ordinance.

(j) Appeal; Hearing Procedure for Citations.

If an Owner who is sent notice pursuant to subsection (f) above wishes to admit liabilityfor any alleged violation, he/she may, without requesting a hearing, pay the full amount of

the fine(s) admitted to, in person or by mail to the City by delivering it to the Director. Suchpayment shall be inadmissible in any proceeding, civil or criminal, to establish the conductof such person or other person making the payment. Any Owner who does not deliver ormail written demand for a hearing within ten (10) days of the date of receipt of the noticeprovided for in subsection (e) above, shall be deemed to have admitted liability, and thedesignated Hearing Officer shall certify such Owner's failure to respond to theEnforcement Officer. Said Enforcement Officer shall thereupon enter and assess thefine(s) so provided for, and shall follow the procedures set forth in this ordinance forplacing a lien on the real property, or obtaining a court judgment.

Any Owner who requests a hearing shall be given written notice of the date, time andplace for the hearing. Such hearing shall be held not less than fifteen (15) days nor more

than thirty (30) days from the date of the mailing of the notice, unless the Ownerrequesting the hearing agrees to an earlier date. The Hearing Officer shall grant upongood cause shown any reasonable request by any interested party for postponement orcontinuance. At the hearing, the City shall present the original notice of violation, acertified copy of such notice, the violator's copy or a certified copy of the violator's copyissued by an Enforcement Officer, and such original or certified copy shall be deemed tobe a business record within the scope of Connecticut General Statutes, Section 52-180and evidence of the facts contained therein. The Enforcement Officer may, but is notrequired to, appear at the hearing, unless the Owner specifically requests the EnforcementOfficers presence. An Owner who wishes to contest his/her liability shall appear at thehearing, and may present evidence on his/her behalf, or may request that the hearing beconducted by mail, and may submit documents and copies of reports for the Hearing

Officer's review. The Hearing Officer may grant a request for a hearing by mail, or maydetermine at any time (including after a hearing by mail has been granted and undertaken)that a hearing in person is necessary to fairly adjudicate the matter and that the Ownermust appear in person. If the Enforcement Officer is not able to attend the hearing, andhis/her presence has not been specifically requested by the Owner, a designated Cityofficial, other than the Hearing Officer and other than the Enforcement Officer, maypresent evidence on behalf of the City.If the Owner fails to appear, or fails to request a hearing by mail within the timeframe set

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forth herein, the Hearing Officer may enter a default upon finding of proper notice andliability under applicable law. The Hearing Officer shall conduct the hearing in the orderand form, and with such methods of proof as he/she deems fair and appropriate. The rulesregarding the admissibility of evidence shall not be strictly applied, but all testimony shallbe given under oath or affirmation. The Hearing Officer shall announce his/her decision atthe end of the hearing. If the Owner demonstrates that he/she intends to rehabilitate or

demolish the building or structure containing the Nuisance Conditions, by the submissionof documentation such as construction plans, permits and the availability of sufficientfunds to pay for such work, satisfactory to the Hearing Officer, then the hearing Officershall stay the matter and enter his/her determination in writing accordingly. Said stay shallbe expressly conditioned upon the rehabilitation or demolition of the property on which theNuisance Conditions exist within a specified period of time not to exceed ninety (90) days,.unless the Director requests in writing to the Hearing Officer within the time specified bythe Hearing Officer that the stay should be extended for an additional period of time, inwhich case, the Hearing Officer shall extend such stay for the additional time requested bythe Director. If the conditions of the stay have not been met within the specified timeperiod, or the time period as it may be extended, as provided above If the conditions of thestay have not been met within the specified time period, the Hearing Officer shall enter

and assess the fines against the Owner as provided in this ordinance retroactive to thedate of the hearing. If he/she determines that the person is not liable, the Hearing Officershall dismiss the matter, and enter his/her determination in writing accordingly. If he/shedetermines that the person is liable for the violation(s), the Hearing Officer shall forthwithenter and assess the fine against such person, and levy such fines as provided for herein.The Hearing Officer shall forward a Notice of Assessment to the Enforcement Officer forfurther action.

If such assessment is not paid on the date of its entry, the Enforcement Officer shall sendby first class mail a Notice of Assessment to the Owner found liable and shall file, not lessthan thirty (30) days nor more than twelve (12) months after such mailing, a certified copyof the Notice of Assessment with the Clerk of the Superior Court Housing Session, 121

Elm Street, New Haven, CT 06510, together with the appropriate entry fee. The certifiedcopy of the Notice of Assessment shall constitute a record of assessment. Within suchtwelve (12) month period, assessments against the same person may be accrued and filedas one record of assessment. The Clerk shall enter judgment, in the amount of suchrecord of assessment with appropriate court costs against such person in favor of the City.Notwithstanding any other provision of the General Statutes, the Notice of Assessment,when entered as a court judgment, shall have the effect of a civil money judgment and alevy of execution on such judgment may issue without further notice to such person.

A person against whom an assessment has been entered pursuant to this ordinance isentitled to judicial review by way of appeal. An appeal must be instituted within thirty (30)days of the mailing of the notice of such assessment by filing a petition to reopen the

assessment, together with an entry fee with the Clerk of the Superior Court, HousingSession 121 Elm Street, New Haven, CT 06510, which shall entitle such person to a courthearing.

(kj) Waiver of Fines.

The Director shall waive and release property maintenance fines and liens if the Cityacquires the property on which the Nuisance Conditions existed. If the property on whichthe Nuisance Conditions existed is purchased by a third-party buyer, the Director , with

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the approval of the Citys Board of Aldermen, may also waive and release part or all of thefines and liens at the time of the sale of the property, if in the Directors opinion and theBoards opinion, the buyer has the financial ability and intention to immediately rehabilitatethe property, or the Director and the Board may defer the enforcement of the fines until allrehabilitation work is completed to the satisfaction of the Director.

(lk) Fines Collected.

All funds collected by the City as fines through the civil citation process shall be depositedinto an account to be administered by the Director to be used for associated costs inenforcing and administering this ordinance (e.g., court fees, service of notices andcitations, copying, postage, etc.). The account shall be a continuing or revolving account.

(ml) Rules and Regulations.

The Director may promulgate rules and regulations providing for the reasonableinterpretation of the terms of this ordinance, and for the day-to-day conduct of theinvestigation and enforcement under this ordinance, so long as such rules and regulations

do not exceed the scope of this ordinance

(nm) Consistency with Other Enforcement Methods.

This ordinance is intended to be enforced and applied in a manner consistent with otheravailable administrative remedies for the enforcement of blight, but is not intended to beexclusive of such other remedies, penalties or enforcement actions which may beavailable to the City.

Sec. 15-53. [Renumbered] Severability.

If any provision of this chapter or the application thereof, shall be held invalid orunenforceable, the remainder of this chapter or the application of such terms andprovisions to persons or circumstances other than to which it is held invalid orunenforceable, shall not be affected thereby; and each remaining term and provisionhereof shall be deemed valid and be enforced to the fullest extent permitted by law.

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Amendment to Anti Blight Ordinance & Property Maintenance Ordinance