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The Community Relations Committee of the Board of Aldermen is interested in providing
citizens of Derby the opportunity to participate in city government. This form
allows anyone to assist the committee in its work to eliminate blight in the
city by reporting issues possible violations of the
city ordinance which is shown
below this form. The form
will go directly to the Chairman of the Community Relations Committee.
Chapter 60: BLIGHTED PREMISES
[HISTORY: Adopted by the Board of Aldermen of the City
of Derby 3-26-1998; amended in its entirety 7-25-2002. Subsequent amendments
noted where applicable.]
§ 60-1. Declaration of
policy.
| A. |
This chapter is enacted pursuant to the Municipal
Powers Act of the Connecticut General Statutes, including Subparagraph
(H)(xv) of Subdivision (7) of Subsection (c) of Section 7-148 and
Section 7-148aa. |
| B. |
It is hereby found and declared that there exists
within the City of Derby a number of taxable and tax-exempt real
properties containing blighted buildings and conditions and that the
continued existence of blighted premises contributes to the decline of
neighborhoods. It is further found that the existence of such blighted
premises adversely affects the economic well being of the City and is
inimical to the health, safety and welfare of the residents of the City
of Derby. It is further found that many of the blighted premises can be
rehabilitated, reconstructed, demolished or reused to provide decent,
safe, sanitary housing or commercial facilities, and that such
rehabilitation, reconstruction, demolition or reuse would eliminate,
remedy and prevent the adverse conditions described. |
§ 60-2. Definitions.
For the purposes of this chapter, the following words, terms and phrases
shall have the following meanings, unless the context clearly indicates
otherwise:
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BLIGHTED PREMISES — Any building, structure or parcel
of land, except exempt property as defined below, in which at least one
of the following conditions exists:
| A. |
It is dilapidated or becoming dilapidated as
documented by the Building Official;
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| B. |
It is attracting illegal activity as documented
by the Police Department;
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| C. |
It is a fire hazard as determined by the Fire
Marshal or as documented by the Fire Department;
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| D. |
It is determined by the Building Official or by
Health Department reports that the condition of the building,
structure or parcel of land poses a serious or immediate danger
to the safety, health or general welfare of the community.
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| E. |
It is not being maintained. The following
factors may be considered in determining whether a structure or
building is not being adequately maintained: missing or boarded
windows or doors; collapsing or missing walls, roof or floors;
seriously damaged or missing siding; a structurally faulty
foundation; garbage, trash or abandoned/unregistered cars on the
premises (unless the premises is a junkyard legally licensed by
the State of Connecticut); overgrown grass or weeds of at least
one foot in length; graffiti; and fire damage; or
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| F. |
It is a factor creating a substantial and
unreasonable interference with the reasonable and lawful use and
enjoyment of other space within the neighborhood as documented
by neighborhood complaints, or cancellation of insurance on
adjacent properties.
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BUILDING OFFICIAL — Building Official, as defined in
C.G.S. Section 29-260. |
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CITATION HEARING OFFICER — A person appointed by the
Mayor to conduct the hearings authorized by this chapter. |
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DILAPIDATED — Any building or structure or part thereof
that would not qualify for a certificate of use and occupancy or which
is deemed an unsafe structure, and any dwelling or unit which is
designated as unfit for human habitation as defined in the State Basic
Building Code or the Code of the City of Derby. |
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EXEMPT PROPERTY — Any City-owned property; and any
building or structure undergoing remodeling, restoration, repair or
renovation, provided that the blighted condition will be corrected
thereby and that the period thereof does not exceed six consecutive
months. |
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LEGAL OCCUPANCY — Occupancy that is legal by virtue of
compliance with the State Building Code, State Fire Safety Code, local
zoning, local housing and all other pertinent codes, and which
habitation shall be substantiated by a deed, bona tide lease agreement,
rent receipt or utility statement. |
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NEIGHBORHOOD — An area of the City comprised of
premises or parcels of land any part of which is within a radius of 800
feet of any part of another parcel or lot within the City. |
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VACANT — A period of 60 days or longer during which a
building or structure subject to this chapter is not legally occupied.
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§ 60-3. Creation or
maintenance of blighted premises prohibited.
No person, firm or corporation shall cause or allow any blighted premises, as
defined in the preceding section, to be created or continued on any real
property located within the City of Derby.
§ 60-4. Enforcement by
Building Official.
The Building Official is charged with enforcing this chapter. The Building
Official shall undertake regular inspections of blighted premises for the
purpose of documenting continuing blight.
The Building Official shall impose a fine of not less than $10 nor more than
$100 for each day that a building, structure or any part thereof or a parcel of
land violates this chapter. The fine shall be retroactive to the date that the
Building Official serves the notice of citation to the owner. Each day that the
building or structure or the parcel of land is in violation of this chapter
shall constitute a separate offense. The Building Official shall impose fines
for blight by serving a notice of
citation on the owner in accordance with § 60-6B and shall notify the Aldermanic
Subcommittee of the citation and amount of the fine imposed.
§ 60-5. Creation and
certification of list of blighted premises.
| A. |
On or about the first of each month, all City
department heads shall report any real property they are aware of that
appears to be blighted to the Building Official. The Building Official
shall conduct inspections and prepare and update on a monthly basis a
list of blighted premises. A copy of the updated list shall be provided
monthly to the Aldermanic Subcommittee.
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| B. |
The Board of Aldermen shall approve, with or without
modifications, or disapprove a list of blighted premises which shall be
updated from time to time. No property owner shall be cited or fined for
violation of this chapter unless such owner’s property is on the list of
blighted premises approved by the Board of Aldermen. |
§ 60-6. Hearing
procedure for citations.
| A. |
The Mayor shall appoint one or more citation hearing
officers to conduct the hearings authorized by this section. |
| B. |
Once a blighted property is on the list of blighted
properties approved by the Board of Aldermen, the Building Official
shall serve a notice of citation on each owner of such blighted property
by mailing a notice of citation to the owner by certified mail, return
receipt requested, to the last known address of such owner or, in the
case of an owner who cannot be identified or one whose address is
unknown, by publishing a copy of such notice of citation in a daily or
weekly newspaper having general circulation in the City of Derby. The
notice of citation (hereinafter “citation”) shall state that the
property is cited for violating this chapter, list the specific
violation or violations, set forth the specific amount of the daily fine
levied and state that such fine shall be levied from the date of the
citation for each day that any listed violation continues unless all
violations are corrected by a designated date, and state that, if the
fine is uncontested, it must be paid in full no later than 10 days from
the expiration of the designated deadline for correcting all the listed
violations. The Building Official may extend his initially designated
deadline for correcting violations by mutual agreement with the owner,
provided that the extended deadline must be contained in a writing
signed by the owner and the Building Official, and further provided that
no date for correcting violations shall be more than 30 calendar days
from the date of the citation. For the purposes of this section, a
facsimile signature shall be deemed a signature. |
| C. |
If all of the violations listed in the citation are not
corrected within the initial or extended designated period, as the case
may be, and the tine is not paid by the deadline for uncontested
payment, then, within 60 days from the expiration of the final period
for the uncontested payment of the fine for any citation issued under
this section, the Building Officer shall send written notice to the
person cited. Such notice shall inform the person cited:
| (1) |
Of the alleged violation(s) of this chapter
that have not been corrected and the amount of the fines due;
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| (2) |
That he may contest his liability before a
citation hearing officer by delivering in person or by mail to
the Building Official a written demand for such a hearing within
10 days of the date of said notice; |
| (3) |
That, if he does not timely demand such a
hearing, an assessment and judgment shall be entered against
him; and |
| (4) |
That such judgment may issue without further
notice.
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| D. |
If the property owner who was sent notice pursuant to
Subsection C of this section wishes to admit liability for any alleged
violation, he may, without requesting a hearing, pay the full amount of
the fines admitted to, in person or by mail to the Building Officer.
Such payment shall be inadmissible in any civil or criminal proceeding
to establish the conduct of such person or other person making the
payment. Any owner served with a notice pursuant to Subsection C of this
section who does not deliver or mail written demand for a hearing within
10 days of the date of said notice shall be deemed to have admitted
liability, and the Building Official shall certify to the hearing
officer such owner’s failure to demand a hearing. The hearing officer
shall thereupon enter and assess the fines provided for by this chapter
and shall follow the procedures set forth in Subsection F of this
section.
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| E. |
Any property owner 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 the notice of hearing, provided the hearing
officer shall grant, upon good cause shown, any reasonable request by
any interested party for postponement or continuance. An original or
certified copy of the initial citation issued by the Building Official
shall be filed and retained by the municipality and shall be deemed to
be a business record within the scope of Connecticut General Statutes
Section 51-180 and evidence of the facts contained therein. The presence
of the Building Official shall be required at the hearing if the owner
so requests. An owner wishing to contest liability shall appear at the
hearing in person or by counsel and may present evidence in his/its
behalf. The Building Official, or his designee, may present evidence on
behalf of the municipality. If the owner fails to appear in person or by
counsel, the hearing officer may enter an assessment by default against
him upon a finding of proper notice and liability under the applicable
statutes and this chapter. The hearing officer may accept from the owner
copies of any investigatory and citation 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 decision at the end
of the hearing. If he determines that the owner is not liable, the
hearing officer shall dismiss the matter and enter his/her determination
in writing accordingly. If the hearing officer determines that the owner
is liable for the violation(s), he shall forthwith enter and assess the
fines against such owner as provided by § 60-4 and as set forth in the
citation. |
| F. |
If such assessed fine 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 nor 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 within the boundaries of the
judicial district in which the municipality is located, together with an
entry fee of $8. The certified copy of the notice of assessment shall
constitute a record of assessment. Within such twelve-month period,
assessments against the same person 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 of $8, against such person in
favor of the municipality. 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. |
| G. |
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 General Statutes Section 52-259, in the
superior court for the geographical area in which the municipality is
located, which shall entitle such owner to a hearing in accordance with
the rules of the judges of the Superior Court.
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§ 60-7. Unpaid fines
constitute a lien upon the real estate; payment and release of fines.
| A. |
Any unpaid fine imposed pursuant to the provisions of
this chapter shall constitute a lien upon the real estate against which
the fine was imposed from the date of such fine. Each such lien may be
continued, recorded and released in the manner provided by the General
Statutes for continuing, recording and releasing property tax liens.
Each such lien shall take precedence over all other liens filed after
July 1, 1997, and encumbrances, except taxes, and may be enforced in the
same manner as property tax liens. The fine shall be retroactive to the
date of service of the Building Official’s initial notice of citation to
the owner pursuant to Subsection B of § 60-6. |
| B. |
All fines imposed for violations of this chapter shall
be deposited into a separate trust in agency account, which shall be a
continuing account, and shall be administered by the Board of Aldermen
and used solely for carrying out this chapter by acquiring and/or
rehabilitating abandoned and other blighted premises and payment of
costs associated with the enforcement and administration of this
chapter. |
| C. |
The Board of Aldermen may waive and release
blight fines and liens if
the City of Derby acquires the property. If the blighted real estate is
purchased by a third-party buyer, the Board of Aldermen may also waive
and release part or all of the fines and liens at the time of the sale
of the blighted premises, if, in the Board’s opinion, the buyer has the
financial ability and intention to immediately rehabilitate the blighted
premises, or the Board may hold all penalties and liens until all
rehabilitation is completed to the satisfaction of the Building
Official. |
§ 60-8. Acquisition of
blighted premises.
If the owner fails to rehabilitate or demolish the blighted premises, and
fails to respond to the initial citation of
blight served in accordance with
Subsection B of § 60-6, falls to respond to a notice served in accordance with
Subsection C of § 60-6, fails to appear at a duly noticed bearing before a
hearing officer, or fails to pay the assessed fine, the Building Official shall
so report on a monthly basis to the Aldermanic Subcommittee. Upon the
recommendation of the Aldermanic Subcommittee, the Board of Aldermen may vote
whether to:
| A. |
Take the necessary steps to acquire blighted premises
which have been certified by the Building Official to be abandoned
pursuant to the Urban Homesteading Act, Connecticut General Statutes
Sections 8-169o through 8-169w, as may be amended from time to time.
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| B. |
Take the necessary steps to acquire and rehabilitate
the blighted premises in accordance with any Comprehensive Plan of
Development for the City. |
| C. |
Take the necessary steps to acquire blighted premises,
provided that there are funds available, using such other state or
federal funding sources, if any, as may be available. |
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