Public Works, Planning & Development Standing Committee of the RTM Special Meeting Agenda (PDF)

FIFTEEN ROPE FERRY ROAD
PHONE: 860-442-0553
WATERFORD, CT 06385-2886
www.waterfordct.org
AGENDA
PUBLIC WORKS PLANNING & DEVELOPMENT COMMITTEE of the RTM
SPECIAL MEETING
Wednesday, April 7, 2020/7:00 P.M. - Waterford Town Hall
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1. Call to Order
2. Roll Call
3. Public Comment
4. To consider and act upon the September 30, 2020 Meeting Minutes.
5. Consideration and possible action on item referred to committee:
A. Appraisal of a sidewalk ordinance and associated safety issues, RTC 02/01/2021.
6. Adjournment

PHONE: 860-442-0553
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FIPTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
MINUTES
PUBLIC WORKS, PLANNING, AND DEVELOPMENT COMMITTEE OF THE RTM
PUBLIC HEARING & SPECIAL MEETING
Wednesday, September 30, 2020
6:30 P.M. - Waterford Town Hall
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The September 30, 2020 Public Hearing of the Public Works, Planning, and Develdyoieat ©“o
Committee of the RTM was called to order by Chairperson Michael Rocchetti at 6: 32pm. sed
ROLL CALL -
Present: Michael Rocchetti, Mike Bono, Liam O’Leary, Miriam Furey-Wagner
Absent: Ted Olynciw
Also Attending: Town Clerk David Campo, Town Attorney Nicholas Kepple, Planning
Director Abby Piersall.
AGENDA ITEM 4
PUBLIC HEARING was opened by Chairman Michael Rocchetti at 6:33 P.M. in regard
to a proposed deletion to the Waterford Code of Ordinances, Chapter 15.26 — Blighted
Premises.
PUBLIC COMMENT was accepted in writing from Mark Dalton along with a statement
from BOF Member Bill Sheehan and RTM Member Susan Driscoll.
Discussion ensued.
PUBLIC HEARING was closed by Chaitman Michael Rocchetti at 6:47 P.M.
The September 30, 2020 Special Meeting of the Public Works, Planning, and Development
Committee of the RTM was called to order by Chairperson Michael Rocchetti at 6:48 P.M.
ROLL CALL
Present: Michael Rocchetti, Mike Bono, Liam O’Leary, Miriam Furey-Wagner
Absent: Ted Olynciw
Also Attending: Town Clerk David Campo, Town Attorney Nicholas Kepple, Planning
Director Abby Piersall.
AGENDA ITEM 4
MOTION by Furey-Wagner, seconded by Bono, to approve the minutes from the
September 16, 2020 meeting.
AMENDED by Furey-Wagner, seconded by Bono, to approve the minutes with the

following correction: Liam O'Leary voted in favor of item 6B making the result
unanimous.
VOTING IN FAVOR: Unanimous
AGENDA ITEM 6A
Brief recap and discussion.
AGENDA ITEM 6B
Discussion ensued.
MOTION by Furey-Wagner, seconded by Bono, to report the item out of committee and
recommend deletion of Chapter 15,26 — Blighted Premises of the Waterford Code of
Ordinances because the committee confirmed redundancy under Zoning Enforcement and
Property Maintenance rules.
VOTING IN FAVOR: Unanimous
MOTION by Bono, seconded by Furey-Wagner, to adjourn to adjourn at 7:09 P.M.
VOTING IN FAVOR: unanimous
Respectfully submitted,
Michael “Rock” Rocchetti
Chairman

September 29, 2020 er
Public Works, Planning & Development Standing Committee of the RTM
| spoke at the September 16" meeting prior to the decision being made to delete
the Blight Ordinance completely. | misunderstood the purpose of that meeting to
be a discussion of the changes proposed to enhance the existing Blight Ordinance.
No matter which direction the committee goes there are some thought which
must be included in the actionable standards of the ordinance or regulations.
The personnel employed by the town to administer and enforce the must act
expeditiously and diligently as possible when issuing a citation or violation. It is
important to give the offender a minimum amount of time to drag out the
process because they will. It has been my experience that the BEO puts too much
effort into voluntary compliance with the offender. Also the staff in the zoning
department need to be more customer service oriented.
The ordinances were written after careful consideration to circumstance, What
was thought of at the time was the intention. The offender no matter how
devious they might be should not have the last laugh. And herein lies a very
troubling detail of the existing Blight and Vehicle and Traffic Ordinance. In the
Blight Ordinance specific language reads under 15.26.020 — Definitions A.
Blighted premises: Any house, building, structure or land in which at least one
of the conditions exists. A blighted premise is presumed to be a public nuisance.
it has been determined by the town’s blight enforcement officer that a
condition exists that poses serious or immediate threat to the health, safety or
general welfare of the community. :
|. Unlicensed/inoperable vehicle (s) which violate existing town zoning
regulations ;

The Vehicle and Traffic Ordinance specific language reads under 10.08.050 —
Removal of abandoned, Inoperable or unregistered motor vehicles: Any
abandoned, inoperable or unregistered motor vehicle within the town limits,
which remains unmoved for thirty days after notice by the zoning enforcement
officer to the property owner on which said vehicle so remains, requesting
removal of said vehicle, and notice by the zoning enforcement officer in a
newspaper having a substantial circulation in the town, may be removed and
disposed of in accordance with Sections 10,08.020 et seq., of this chapter.
It is my opinion that the existing Blight Ordinance with its language crafted
specifically for its purpose and with the enhancements proposed by the Director
of Planning and Development should remain, One other item needs to be
addressed is that the Zoning Regulations make no mention of Municipal
Abatement in the chance that this event is necessary. The public is used to the
Blight Ordinance. Tweak it if necessary to add more clout and put legal teeth in it.
The one caveat going back to my discussion of the inoperable unregistered motor
vehicles despite the written word of the ordinances if such a blighted nuisance is
put on a registered trailer it is in the ZEO’s opinion no longer considered blight or
a nuisance. That is ridiculous. isn’t the ordinance the rule of law? That
accommodation to the offender is contrary to the intent of the RTM and crosses
the line no matter if the document is the Blight Ordinance or the Vehicle and
Traffic Ordinance.

9/22/2020
Waterford, CT Cade of Ordinances
Chapter 15.26 - BLIGHTED PREMISES
15.26.010 - Purpose.
A. The presence in the Town of Waterford of real property which exists in blighted condition constitutes a continuing
nuisance, is detrimental to the health, safety and general welfare of the community, and adversely affects property
values, thus contributing to the decline of neighborhoods and negatively affecting the economic well-being of the town
and its residents, The abatement and/or elimination of blighted premises Is necessary to protect, preserve, and promote
public health, safety and general welfare of the community. Accordingly, the ordinance codified in this chapter Is adopted
pursuant to C.G.S. §§7-148(c)(7)(H)(xv), 7-1 480(b) and 7-152¢,
B. Public nuisance. Itis hereby declared a public nuisance for any person owning, leasing, occupying or having charge or
possession of any premises in the Town of Waterford to maintain such premises or any public right-of-way abutting sald
premises in such manner that any of the following conditions described below exist thereon, which shall be defined as
blight.
(Amend. of 4-18-17(2)}
15,26,020 - Definitions.
For the purpose of this chapter, the following terms and phrases shall have the meanings set forth in this section, unless a different
meaning [s clearly Indicated by the context:
A. Blighted premises: Any house, building or structure or land in which at least one the following conditions exists. A
blighted premises Is presumed to be a public nuisance:
4, thas been determined by the town's blight enforcement officer that a condition exists that poses a serious or
immediate threat to the health, safety or general welfare of the community,
2, The property Is In a state of disrepatr or is becoming dilapidated. “State of disrepair" or "becoming
dilapidated" shall mean in a physically deteriorating condition causing unsafe or unsanitary conditions or a
nuisance to the general public as evidenced by one or more of the following conditions:
a.
b.
mam Oo
Pp ow
Missing, broken, or boarded-up windows or doors;
Collapsing or missing exterior features including but not limited to, wails, roofs, stairs, porches, railings,
hatches, chimneys or floors; ;
Structurally faulty foundation;
Unrepaired fire or water damage;
Lacks facilitles necessary for habitation;
Vacant structura(s} open and not secured against entry,
Rodent harborage and/or Infestation;
Parking lots in excess of ten parking spaces in a state of disrepair or abandonment, evidenced, for
example, by cracks, potholes, overgrowth of vegetation within the surface, pavement, or macadam, or
within medians and buffers; .
Shrubs, hedges, grass, plants, weeds or any other vagetation that has been left to grow In an unkempt
manner that is covering or blocking means of egress or access to any building or that are blocking,
interfering with or otherwise obstructing any sightline, road sign, or emergency access to or at the
property, when viewed from any property line;
Whether any building or dwelling on the premises is occupied or not, no grass or weeds shall be
permitted by any owner or occupant to reach a helght greater than two feet over twenty percent of the
property;
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Waterford, CT Cade of Ordinances .
k. The overall condition of the property structure and/or grounds causes an adverse impact on neighboring pr
the cancellation of Insurance on the property; and/or
1. Unticensed/inoperable vehicle(s) which violate existing town zoning regulations.
m. Dumpsters placed on private property for the purpose of disposal of any solid or liquid waste for a
period of more than sixty days from the date of the dumpster's delivery and which has not been placed
in association with a site plan approved in accordance with the Waterford Zoning Regulations or a
construction project with an active building permit,
n. Rubbish, broken glass, trash, refuse, debris, stumps, roots, or boats and machinery in a state of disrepair
that cannot be used for Its original purpose,
0. Debris: Material which is incapable of immediately performing the function for which it was designed
including, but not [Imited to: abandoned, discarded or unused objects; Junk comprised of equipment
such as automobiles, boats, and recreation vehicles which are unregistered and missing parts, nat
complete in appearance and In an obvious state of disrepalr, parts of automobiles, furniture, appliances,
cans, boxes, scrap'metal, tires, batteries, containers, and garbage which Is in the public view.
p. Decay: A wasting or wearing away; a gradual decline in strength, soundness or quality; to become
decomposed or rotten, except a contained compost pile.
q. Mechanical equipment: Any apparatus designed to operate by an internal combustion engine, or
designed to be towed by any apparatus propelled by an internal combustion engine; to also include
electric and pneumatic equipment.
r. Natural field state: Areas where grass, weeds, and brush exist in their natural, un-landscaped state.
s. Naturally wooded state: Areas where trees, brush and plants exist In thelr natural, un-landscaped state.
t. Person: Any man, woman, corporation, or other lagal entity capable of owning real property.
U. Premises: A platted lot or part thereof or un-platted fot or parcel or land or plot of land, elther occupied
or unoccupled by any dwelling or non-dwelling structure and includes such building, accessory structure
or other structure thereon, or any part thereof, The terms "premises," where the context requires, shall
be deemed to include any buildings, dwelling, parcels of fand or structures contained within the scape of
this chapter.
v. Public view: Visible from any public right-of-way or neighboring property, a grade level.
w. Structure: Any bullding, dwelling, fence, swimming pool, or similarly constructed object.
3. The fire marshal has determined that a building or structure Is a fire hazard.
Citation hearing officer: A person appolnted by the first selectman as an officer, as defined in, and pursuant to
C.G.S, § 7-152¢, to serve as the citation hearing board. Such officer shall not be an individual who issues citations
and shafl not otherwise be an employee of the town. The blight citation hearing officer shail serve for a term of two
years, unless otherwise removed for cause by the first selectman.
Dilapidated: Any building or structure or part thereof which ls deemed an uninhabitable or unsafe structure as
defined in the Connecticut State Building Code, or any dwelling or unit which fs determined to be unfit for human
habitation as defined by the Connecticut Health Code.
Blight enforcement officer: A person or persons authorized by the first selectman to take such enforcement actions
and to fssue citations are as specified in this chapter, who shail not be the blight citation hearing officer.
Registrant: Any person who has commenced an action to foreclose a mortgage on residential property and has
registered such property with the town clerk,
Naturalized areas: Contiguous areas of vegetation that come from natural regeneration and/or intentional plantings
with native plant material. These areas are an approach to landscaping as a means of promoting bio-diversity,
reducing water use, and reducing maintenance costs.
Town: The Town of Waterford.
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H.
Waterford, CT Code of Ordinances
Town official The officer or officers, who are authorized by this chapter to exercise the powers prescribed herein, Incl
selectman, director of public works, fire marshall, fire services administrator or designated agents, and any police offic
(Amend. of 4-18-17(2)}
15.26.030 - Exemptions.
The following properties and/or portions of properties shall be exempt from this chapter:
A.
B.
Land dedicated as public open space or parks;
Vegetation preserved in its natural state through conservation easements or conservation restrictlons;
Maintained gardens, flawer beds, and/or xeriscape landscaping as part of a landscape design, or naturalized areas
as defined in Subsectlon 15,26,020.F herein, provided they do not cover ar block means of egress or access to any
building or block, interfere with or otherwise obstruct any sightline, road sign, or emergency access to or at the
property or promote rodent harborage and/or Infestation;
Any bullding or structure undergoing remodeling being diligently conducted pursuant to an active building permit,
provided that satd exemption Is applicable only during such remodeling pertod;
Any blighted premises for which a land use application is pending for a period of ninety days from the date of
submisston of the application to the town,
(Amend, of 4-18-17(2))
15,26.040 - Special consideration.
Special consideration may be given to individuals who are disabled, elderly, or low income in the town's effort to correct housing
blight. If an individual home owner cannot maintain a reasonable level of upkeep of owner-occupied residence because the individual Is
disabled, elderly, or low income, and no capable individual resides in the residence, the town may give said individual home owner a
reasonable arnount of time to correct the problem, the duration of which shall be in the discretion of the blight enforcement officer. If
needed, assistance in finding solutions will be offered by the town,
A
Capable individual shall mean a person who can be reasonably expected to perform maintenance and yard work
around a property or premises, This shall include children above sixteen years of age, without physical or mental
disability as defined herein.
Disabled Individual shall mean, in the case of an owner occupied residence, an individual who has a disability
meeting the definitions for the mental or physical disability meeting the definitions for mental or physical disability
as defined under the Americans with Disabilities Act of 1990 and does not have a household member capable of
providing the necessary maintenance.
Elderly individual shall mean an individual over the age of sixty-five, who does not have a household member
capable of providing necessary property maintenance.
Low income Individual shall mean, in the case of an owner occupied residence, an Individual, or where more than
one person resides in the premises, a family unit, that has an income below the highest level of "qualifying Income"
established by C.G.S. § 12-170d(a)(3).
(Amend, of 4-18-17(2))
15,26.050 - Creation or maintenance of a blighted property prohibited.
No owner, agent, tenant and/or person responsible for the care, maintenance, and/or condition of real property, shall cause or
allow any blighted property, as defined tn Section 15.26.026, to be created, maintained or continued.
(Amend, of 4-18-17(2))
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912212020
Waterford, CT Cade of Ordinances
15,26,060 - Recelpt of complaints and notice of violation.
A.
The blight enforcement officer shall investigate any written, signed complaint and determine whether a violation of this
chapter exists,
The blight enforcement officer shall give written notice of a violation of this chapter to the owner and occupant of and
may give written notice to thelr agent(s), and/or any other person responsible for the blighted premises. The notice shall
be hand delivered or mailed by both certified mail, return receipt requested and first class mall to the address of the
owner on file with the Waterford Tax Collector, or any of the persons identified In Section 15.26.040 herein to the last
known address of the person to whom It is directed, and a copy malled by first class mail to any lienholder‘s current or
last known address pursuant to C.G.S, § 7-148gg, If the notice is mailed to anly one of the responsible parties, that shall
in no way be, or be construed as, a release of any other party, If there Is more than one responsible party identified in
the notice, the responsibility for complying with the notice shall be joint and several,
Such notice shall state the violation and demand its abatement within a reasonabile time to be determined by the blight
enforcement officer based on the nature and extent of the violation. If the violation is not corrected within the time
provided in the written notice, the blight enforcement officer may Issue an enfarcement citation and/or take other
enforcement action as specified herein.
If the owner, agent, occupant and/or person responsible for the blighted premises cannot be ascertained or does not
accept delivery of the written notice, the notice shall be published once in a daily or weekly newspaper having a
substantial circulation in the town and shall be posted on the premises. The notice shall Include the name of the last
known owner of the real property upon which violation has been found and the address of the real property,
Any person who Is a new owner of a blighted property shall, upon request, be granted a thirty-date extension of the
notice and opportunity to remediate provided pursuant to Subsection 15.26.060,8. For the purposes of this subsection,
"new owner” shall mean any person or entity who has taken title to a property within thirty days of the notice,
(Amend. of 4-18-17(2)}
15,26.070 - Penalty for violation.
Violations of this chapter shall be punishable by a civil penalty of fifty dollars for each day a Violation continues. Each day after due
notice of the violation has been served shall constitute a separate offense,
(Amend. of 4-18-47(2))
15.26.080 - Enforcement citation.
A,
A citation hearing procedure pursuant to C.G.S. § 7-152c is hereby established for the purposes of this section, The first
selectman shall appoint a citation hearing officer for the town in accordance with Subsection 15.26.020.B of this chapter.
{f a violation remains unabated after the time allowed for abatement contained in the notice of violation issued per
Section 15.26.060 hereinabove has expired, the blight enforcement officer may Issue a citation to any owner, agent,
tenant, or person or entity In control of the property for the violation in accordance with this section, The citation shalt
state the date by which the uncontested payment of fines, penalties, costs or fees shall be made.
Any person(s) or entity issued a citation pursuant to this section shall be entitled to a hearing to contest the citation
pursuant to the provisions of C.G.S, § 7-152c(e).
Atany time within twelve months from the expiration of the final period for the uncontested payment of fines, penalties,
costs or fees set by a citation Issued pursuant to this section, the town shalt send natice to the person(s) or entity cited to
Inform them:
1. Of the allegations against the person or persons and the amount of fines, penalties, costs or fees due;
2. That the person(s) or entity may contest Hlability before a citation hearing officer by dellvering in person or by mall
written notice within ten days of the date the duly delivered notice;
3. That If the person(s) or entity does not demand such a hearing, an assessment and judgment shall be entered
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Waterford, CT Code of Ordinances
against the person(s) or entity; and
4. That such judgment may issue without further notice.
For purposes of this Section 15,26,080, notice shall be presumed to have been properly sent if such notice was mailed to
~ such person/entity's last known address on file with the tax collector. If the person/entity to whom notice Is issued is a
registrant, the town may deliver the notice in accordance with C.G.S. § 7-148it, provided nothing in this section shail
preclude the town from providing notice In another manner permitted by applicable law.
if the person/entity to whom notice is sent pursuant to this section wishes to admit liability the person/entity may,
without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to
a designated town official. :
Any person who does not deliver or mail written demand for a hearing within ten days of the date of the first notice
provided by in Subsection B of this section shall be deemed to have admitted liability, and the designated town official
shall certify such person/entity's failure to respond to the hearing officer. The hearing officer shall thereupon enter and
assess the fine, penalties, costs or fees provided for by this section and shall follow the procedures for obtaining a
Judgment from the Superior Court set forth in C.G.S. § 7-152c¢(f).
G. Aperson/entity who makes a timely request for a hearing shall be given written notice of the date, time and place of the
hearing, The hearing shall be held at a time and conducted in the manner provided by C.G.S. § 7-152c(e).
4. The hearing officer shall announce the decision at the end of the hearing, if the officer determines that the
person/entity is not liable, the matter shall be dismissed and the officer shall enter that determination in writing
accordingly. If the officer determines that the person/entity is lable for the violation, the officer shall forthwith
enter and assass the fines, penalties, costs, or fees against such person as provided by this section,
2, If the hearing officer's assessment is not pald on the date of its entry, s/he shall send by first class mail a notice of
the assessment to the person found Ilable and shall file, not less than thirty days nor more than twelve months
after such malling, a certified copy of the notice of assessment and an entry fee with the clerk of a Superior Court
facility designated by the chief court administrator. 
.
3. The person/entity against whom an assessment has been entered by the hearing officer pursuant to this section Is
entitled to a judicial review by way of appeal pursuant to the provisions of C.G.S, § 7-152c(g).
(Amend, of 4-18-17(2)}
15,26.090 - Municipal enforcement and abatement,
A. In addition to any penalties as permitted by statute, and the citation and hearing provisions of this section, in the event
any owner, agent, tenant, or person in control of real property falls to abate or correct any violation specified ina notice,
pursuant to Section 15.26,060 herein, after the Issuance of an enforcement citation for such failure, once the citation has
become final through the fallure of such owner, agent, tenant, or person in control to appeal from the issuance of the
citation or by such appeal heing sustained, the town, acting through its blight enforcement officer issuing such notice of
violation, may cause or take any action necessary pursuant to C.G.S. § 7-148(Q)(7){E) to abate the violation upon twenty-
four hours notice of its intent to do so, The cost to take such action shall be a civil claim by the town agalnst such owner,
agent, tenant, or person responsible for the property, and the town attorney may bring an action to recover all such
costs and expenses incurred, including reasonable attorney's fees.
In the event that the blight enforcement officer prevails in such legal proceedings, the violator shall be liable for all costs
of bringing the property into compliance, and shall further be liable for all legal costs Incurred by the town in doing so,
Including Its reasonable attorney's fees, ;
(Amend. of 4-18-17(2))
15.26.100 - Recording of lien.
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9/22/2020 Waterford, GT Code of Ordinances
In addition to having a lien for abatement expenses, any unpaid fines or costs shall constitute a fen upon the real estate In
accordance with C,G.S, § 7-148aa, Each such lien shall be continued, recorded, and released as provided for therein.
(Amend. of 4-18-17(2))
15,26.110 - Schedule of payments.
A. The blight enforcement officer or the citation hearing officer may establish a schedule of payments with the owner of
property In violation of this chapter subject to the following conditions:
1, Awritten abatement plan signed by the property owner to abate the violation by a date certain Is approved and
signed by the blight enforcement officer or citation hearing officer; °
2, The abatement plan shail establish the amount and date(s) payment of penalties shall be made.
B. The blight enforcement officer or citation hearing officer may suspend the accrual of dally violation fees described in
Section 15,26.070 of this chapter during the abatement period; provided that the property owner meets terms of the
approved abatement plan. Failure of the property owner to meet the terms of the approved abatement plan shall result
in the nullification of the plan and the retroactive accrual of penalties from the day after due notice pursuant to Section
15.26.070 of this chapter.
(Amend. of 4-18-17(2))
15.26.1 20 - Effective date.
The ordinance codified in this chapter shall take effect fifteen days after final approval by the representative town meeting.
(Amend, of 4-18-17(2))
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