Representative Town Meeting (RTM) - Minutes - 08/17/2020

PHONE: 860-442-0553
wwwwaterfprdct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
MINUTES
PUBLIC WORKS, PLANNING & DEVELOPMENT STANDING COMMITTEE:
Special Meeting ee
Tuesday August 17, 2020 : 3
6:30 P.M. - Waterford Town Hall/Zoom Remote Access Only —
The August 17, 2020 special meeting of the Public Works, Planning & Development Committee of the
RTM was called to order by Chairperson Michael Rocchetti at 6:30 P.M.
ROLL CALL
PRESENT: Mike Bono, Liam O’Leary, Ted Olynciw, Michael Rocchetti, Miriam Furey-Wagner
ABSENT: None
ALSO PRESENT: Town Clerk David L. Campo, RTM Moderator Thomas Dembek, Planning Director
Abby Piersall :
_AGENDA ITEM 4: March 12, 2020 Minutes
MOTION by Bono, seconded by Furey-Wagner, to approve the minutes from the March 12, 2020
meeting.
VOTING IN FAVOR: Unanimous
AGENDA ITEM 5: Public Comment
Public comment in writing was accepted into record from Mark Dalton. (See Attachment)
_ AGENDA ITEM 6A: Waterford Code of Ordinances review of Chapter 2.20 and 2.58 (RTC 06-01-20)
See Attachment
UPDATE was provided by Planning Director Abby Piersall
Discussion ensued in regards to the draft ordinance
MOTION by Furey-Wagner, seconded by Bono to move the item, Waterford Code of Ordiances review
of Chapters 2.20 and 2.58 to a public hearing.
VOTING IN FAVOR: Unanimous.
AGENDA ITEM 6B: Proposed changes to the Waterford Code of Ordinances Chapter _15.6 — Blighted
Premises (RTC 08-03-20) See attachment
UPDATE was provided by Planning Director Abby Piersall.
Discussion ensued and committee agreed to meet in September.
MOTION Furey-Wagner, seconded by Bono, to hold a public hearing, in regards to item 6A, on
September 16, 2020 at 6:30 P.M. followed by a committee special meeting.
VOTING IN FAVOR: Unanimous

MOTION by Furey-Wagner, seconded by Bono, to adjourn at 7:34 P.M.
VOTING IN FAVOR: Unanimous
Respectfully submitted,
David L. Campo, CCTC
Waterford Town Clerk

fam not sure that there need to be changes.to the Blight Ordinance enacted in
April 2017 as there need to be serious enforcement. My opinion is that these
changes are a smokescreen for the behavior of the zoning- department. Please let
me share with you my experience and reactions with the blight complaint filed
with the zoning department.
First, why should the First Selectman get involved in the enforcement and/or non-
enforcement of the Blight Ordinance?
| waited for the blight ordinance to be written, approved and enacted. Then | filed
a complaint only to wait for the process to play out with attempted enforcement.
My experience with filing a blight complaint has been disappointing and
disturbing. My expectations were high with a new Blight Ordinance. The reality
was and is mismanagement.
| filed the first complaint filed under the Blight Ordinance April 2017. A citation
against the ‘offender by the BEO was not issued until May 2018. The offender did
not comply with the violation prescriptions. A hearing was held in accordance
with the procedures in July 2048. A fine was assessed, an abatement plan was
presented to the offender and an agreement was signed with'the offender in
August 2018. The fine was not paid timely. It still isn’t paid. The original fine was
set at $3600 to be reduced to $600 upon completion of the actions by the
offender by a certain date. The abatement agreement still ls not complete! The
fine should be over $38,000. The offender is being protected by the BEO.
There was no sense of urgency on the part of the BEO. He was negligent in the
performance of his duties and responsibilities. The performance can only be=
characterized as a dereliction of duty and nonfeasance, misfeasance-and
malfeasance on the part of the BEO and his supervisor. cae
6 HY 21 ona
Nonfeasance is the failure to act where action is required —willfully. Tale
neglect, Misfeasance is the willful inappropriate action or intentional incorrect
action or advice. Malfeasance is the willful and intentional action that injures a
party. lam injured by the lack of enforcement of a hearing officer’s written
_ decision.
Offenders are emboldened by lack of enforcement and inconsistent application of
_ blight ordinance and zoning regulations. :

Ineffective and incompetent Blight Enforcement Officers and their management
require training. :
~ "There was ho communication on thé part of thé zoning department management —
_ with me when the BEO was ineffective and/or absent. There has been no
response to my continued and persistent emails té Abby Piersall for aver fifteen
months. My email complaints to Abby Piersail were ignored. This is a total and
complete lack of customer service. | am completely disappointed in the town
elected officials and town zoning employees.
Ben Franklin is quoted as saying “Justice will not be served until those who are
‘unaffected are as outraged as those who are.”
Mark Dalton
August 12, 2020

Proposed Amendments (May 18, 2020)
Chapter 2.20 - PUBLIC WORKS DEPARTMENT!
Footnotes:
2+ (2) +--
Editor's note— An amendment dated June 2, 2014, amended Ch. 2.20 in its entirety to read as herein
set out. Former Ch. 2.20, §§ 2.20.010—2.20,040, pertained to similar subject matter and derived from:
Prior code §§ 2-106-—2-109; and R.T.M. 10-1-01 (part). .
2.20.010 - Created—Duties.
There is a department of public works which, under the supervision of the first selectman,
shall have supervision and control of the planning, surveying, constructing and reconstructing,
altering, paving, repairing, maintaining, cleaning, lighting and inspecting of highways, sidewalks
and curbs, public drains, and other public infrastructure improvements; and the preservation,
care and removal of trees within highways or public places and related engineering work of the
town; and the collection and disposal of garbage, rubbish, ashes, recycling and operations of
transfer station. Further, the department may install and/or supervise the installation of water
and sewer lines, but only if and to the extent requested by the utilily commission, and as
approved by the first selectran; provided the costs are charged against the appropriations of
the requesting commission.
in addition, the department shail be responsible for the maintenance, alteration, renovation
and repair of all town owned buildings and facilities, other than schools, water and sewer
infrastructures such as pumping stations and utility commission buildings, and facilities under
the management of the recreation and parks commission, to include, but not limited to, town
hail, iorary, emergency operations center, community center, youth and family services, police,
public works, jordan park house, and navins cottage. Facilities shall include all parking,
handicap access, and pedestrian ways used to access buildings.
(Amend. of 6-2-1401)
2.20.020 - Director—Appointment, removal, powers and dutles.
The board of selectmen shall appoint and may remove a director of public works whe shall be
responsible for the efficiency, discipline and good conduct of the department, and who shall appoint and
may remove such deputies, assistants and employees as the director may deem necessary, and shall
prescribe thelr dutles. The director shall be responsible for the preparation of the departmental budget,
which shall be submitted to the board of selectmen for review and presentation to the board of finance.
The director shall exercise his powers and discharge his duties under the supervision of the first
selectman. The director shail organize the work of the department in such a manner as the director shall
deem most economical and efficient. The director shail be the tree warden and shail have all the powers
and duties thereof as provided in C.G.S.A. Ch. 451, as amended,
(Amend, of 6-2-14(1)) ’ .

2.20.030 - Personnel—Qualifications.
A. The director of public works shall have, at a minimum, a Bachelor of Sclence degree in civil
“engineering: : — 7 ~ -
B. The qualifications of the other members of the department of public works will be recommended by
the director of public works, with the approval of the board of selectmen.
(Min, of 4-7-14; Prior cade § 2-108)
2.20,040 - Organization.
The department of public works shall consist of:
A. Adirector of public works;
B. Anassistant director of public works;
Cc. Amunicipal facilities manager
D. The following divisions:
4. Sanitation and recycling.
2. Highways.
3. Mechanical Fleet and Light Equipment maintenance.
4. Facilily Management
(Amend, of 6-2-14(1))

Date: May 18, 2020
Chapter 2.20 - PUBLIC WORKS DEPARTMENT#
Footnotes:
—- (2)~-
Editor’s nole— An amendment dated June 2, 2014, amended Ch. 2.20 in its enlirely lo read as herein
set out. Former Ch. 2.20, §§ 2.20.010—2.20.040, pertained to similar subject matter and derived from:
Prior code §§ 2-106—-2-108; and R.T.M. 10-1-07 (pari).
2.20.010 - Created—-Dutles,
‘There {s a department of public works which, under the superdsion of the first selectman,
shall have supervision and contral of the planning, surveying, constructing and reconstructing,
altering, paving, repairing, maintalaing, cleaning, lighting and Inspecting of highways, sidewalks
and curbs, public drains, and other public Infrastructuce improvements; and the preservation,
care and removal of trees within highways or qubile places and related engineering work of the
tov: and the collection and disposal of garbage, rubbish, ashes, recycling and operallons of
transfer station. Further, the department may Install and/or superdse the Installation of water
and sewer lings, but only if and to the extent requested by the utility commission, and as
approved by the first selectman; provided the costs are charged against the appropifations of
The requesting commission,
Jnadditlon, the department shall.be responsible for the maintenance, aiteration renovation
andsapair pf all town ovmed buildi facilitie: ¢ than schools, waler and sewer
‘as pumping stallons and ulility commission buildings, and facitities under,
lures Sut
jnfrasieuciures such as pumping stallons and ulilily commission buildings, and facilites uncer’
he management of the recreation and parks commission, fo Include, but nat limiled to, town
fy $6
infras
a zations canter, community center, youth and fami ices, police,
a house, and nevins coltage. Facllitles shall include alt parkin
and pedastrian ways used to access buildings...
fl, fibre
2.20.020 - Director—Appointment, remaval, powers and duties,
‘The board of selecimen shall appoint and may remove a director of public works who shall be
rasponsibla for the effictancy, discipline and good conduct of the department, and who shail appoint and
may remove such deputies, assistants and employees as the director may deem necessary, and shall
presctibe their dues. The director shall be responsible for the preparation of the departmontal budget,
which shall be submitted lo the board of seleclmen for raview and presentallon fo ihe board of finance.
The director shall exercise his powers and discharge his duties under the supenision of the first
seleciman, The difector shall organize the work of the department in such a manner as the director shail
deem most economical and efficent. The director shall be the tree warden and shall have all the powers
and dulies thereof as provided in C.G.S.A. Ch. 451, as amended, .
(Amend, of 6-2-14(1))
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Deleted: (1). If this Is not referenced in the first
paragraph, { don't see the need here.
(2). Need to define facifiiss (such as does this inchide
grounds and pzrking tots around these buildings,
Recreation and Parks malttenance factales}]
(3). | know this is the old language, but private. drains?
Thave no right {a enter onto private property. Also, is
this in confict wah 13,18, £60 Watercourse protection? y
(4). | belleve this dossn't conflict with Chapter 2.88 a9 it
partans to the word alterations. ]]
{7}. Comment on the fasl part, Is the tatent fo just ist
the staictures (lovin hall, library ete) that will be the
tesponsibitty of Puble Works to maialain or is it to fist
the Departments/Divisions that this will pertain to.
{Thee die no Parks Buidings fisted}. ]
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2.20,030 - Personnel— Qualifications.
A. The director of public works shall have, at a minimum, a Bachelor of Sclence degrea in civil
engineering.
B. The qualifications of the other members of the department of public works vill be recommended by
the director of publicsvorks, vath the approval of the board of selectmen, |... 2 Deleted: works ,
LJ
(Min, of 4-7-14; Prior code § 2-108)
220.040 - Organization.
The department of public works shall consist of:
A Adirector of public works;
B. An assistant director of public works;
G._Ampnicipal facilities manager. ---- aerv (Deleted
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(Amend. of 6-2-14(1)) \ NG Deleted:
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4 | to Fleet and Light Equipment, Faciities has aot of
ej mechanical equipment |g
“I {6) Need to add the new division of public works.
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4. Sanitation and recycling.
2, Highways. :
3. Mechanical Fleet and Light Equipment mainten:
LULU

2,56,050- Compensation.
The mambers of the economic development commission shall receive no compensation for their
services a$ such, but shall be reimbursed for their necessary expenses incurred In the performance of
their duties. :
(R.T.M, 8-2-99 (part): prior code 2-124),
Chapter 2.58 - PLANNING AND DEVELOPMENT DEPARTMENT
2.58.010 - Created,
In accordance wilh Section 1.2 of the Town Charter, and C.G.SA § 7-148, there shall bea
department of planning and development which shail be managed by a director of planning appointed by
the board of selecimen as recommended by the first seleclman.
(Amend. of 6-2-14(2))
2,58.020 - Outles.
The department shal! manage Ine centralized planning, building and development functions of the
town, which shall include assisting the planning and zoning commission, zoning board of appeals,
conservation commission and all other such boards and commissions within the town Additional duties - - Deleted: . in addalon, the department shall, under the
shall include issuance of all building/zoning applications, building permits, zoning and wallands permits,
and environmental review of all building codes, zoning and wetland regulations vithin the town, as
determined by the town regulatory aulhosilies,
(Amend. of 6-2-14(2))
2.58.030 - Director—Appointment, removal, powers and duties.
The board of selectman shall appoint and may remove a director of planning who shall be
taspensibla for the efficlency, discipline and good conduct of the planning and development department,
and who shail appoint and may remove such deputies, assistants and employees as dhe director may
deem necessary, and shalt prescribe their duties. The director shail be responsible for the preparation of
the departmental budget, which shall be submitted to the board of seleclmen for review and presentation
jo the board of finance. The director shail exercise such powers and discharge such duties under the
supervision of the first seleciman, The diractor shall organize the work of the department in sucha
tanner as he shall deem most economical and efficient
(Amend. of 6-2-11(2))
2,.68,.040 - Organization.
The department will primarily consist of:
A. A director of planning;
B. A building official;
Cc. Aplanner;
supervision of the first seleciman, be responsibie for
the malatenancs, repair of buikfags and building
projects, for all lovm oanad buédiags and factitles,
other ian schools, pumping stations, water and sewer
Intrastructures and roads, to include, but not limited 10,
town hall, Hovary, emergency operations center,
community canter, youth services, police and public
works and uly commission buidings,

" D, Awellands offtcer/enviranmental planner;
E. A zoning officer;
“\_ [coordinator,
{Amend of 6-2-14(2)) .
tae ene ee ee nn eee wee ee eee t.-~-"] Deleted: A municipal faciftles maintenance
‘{Formatied: No bullets or numbering J

Proposed Language (May 18, 2020)
Chapter 2.58 - PLANNING AND DEVELOPMENT DEPARTMENT _
258.010 - Created,
In accordance with Section 1.2 of the Town Charter, and C.G,S.A. § 7-148, there shail be a -
department of planning and development which shall be managéd by a director of planning appointed by
the board of selectmen as recommended by the first selectman. °
(Amend. of 6-2-14(2))
258.020 - Duties,
The department shall manage the centralized planning, building and development functions of the
town, which shall include assisting the planning and zoning commission, zoning board of appeals,
conservation commission and all other such boards and commissions within the town Additional duties
shall include issuance of all building/zoning applications, building permits, zoning and wellands permits,
and environmental review of all building codes, zoning and wetland regulations within the town, as
determined by the town regulatory authorities,
(Amend, of 6-2-14(2))
2.58.030 - Director—Appointment, removal, powers and duties.
The board of selectmen shall appoint and may remove a director of planning who shail be
responsible for the efficiency, discipline and good conduct of the planning and development department,
and who shall appoint and may remove such deputies, assistants and employees as the director may
deem necessary, and shail prescribe their duties. The director shail be responsible for the preparation of
the departmental budget, which shall be submitted to the board of selactmen for review and presentation
to the board of finance. The director shall exercise such powers and discharge such duties under the
supervision of the first selectman. The director shall organize the work of the department in such a
manner as he shalt deem most economical and efficient.
(Amend, of 6-2-14(2)}
2.58,040 - Organization.
The department will primarily consist of:
A director of planning;
A building official;
A planner;
A wetlands officer/environmental planner;
mofo Df >
A zoning officer;

Chapter 15.26 - BLIGHTED PREMISES
15.26.010 - Purpose.
A. The purpose of this ordinance is to protect, preserve and promoted public health, safety and welfare;
to maintain and preserve the beauty of the Town's neighborhoods; preserve and protect property
values; and allow for the remediation of blighted premises.
This article is adopted in accordance with the provisions of C.G.S. §§7-148(c)(7)(H)(xv), 7-1480(b)
and 7-162(c).
B. Public nuisance. It is 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 said 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))
145,26.020 ~ Definitions and Establishment of Blighted Conditions
A. 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 is clearly indicated by the context:
1. Blighted premises: Any house, building or structure or land in which at least one of the
following conditions exists. A blighted premises is presumed to be a public nuisance:
4.1. ithas 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.
1.2, - The property Is in a state of disrepair 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.
Missing, broken, or boarded-up windows or doors;
Collapsing or missing exterior features including but not limited to, walls, roofs,
stairs, porches, railings, decks, hatches, chimneys or floors;
Unrepaired fire or water damage;
Vacant stiucture(s) open and not secured against entry;
Shrubs, hedges, grass, plants, weeds or any other vegetation that has been left
to grow in an unkernpt 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 ihe property;
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 height greater
than two feet over twenty percent of the property when viewed from a public
street; .
+ \
Dumpsters placed on private property when viewed from any public way for the
purpose of disposal of any solid or liquid waste for a period of more than ninely

40.
141.
12,
43.
14,
15.
16.
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.
h.... dunk as.this.term is.defined in Section.3.26. of the Zoning. Regulations...
Debris; Material which is incapable of immediately performing the function for which it
was designed including, but not limited to: abandoned, discarded or unused objects;
junk comprised of equipment such as automobiles, boats, and recreation vehicles which
are unregistered and missing parts, not complete in appearance and in an obvious state
of disrepair, parts of automobiles, furniture, appliances, cans, boxes, scrap metal, tires,
batteries, containers, and garbage which is in the public view. :
Decay; A wasting or wearing away; a gradual decline in strength, soundness or qualily;
to become decomposed or fotten, except a contained compost pile.
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. :
Natural field state: Areas where grass, weeds, and brush exist in their natural, ufn-
landscaped state.
Naturally wooded state: Areas where trees, brush and plants exist in their natural, un-
landscaped state. , .
Person: Any man, wornan, corporation, or other legal entity capable of owning real
property.
Premises: A platted lot or part thereof or un-platted lot or parcel or land or plot of land,
either occupied or unoccupied 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 land or structures contained within the scope of this chapter.
Public view: Visible from any public right-of-way or neighboring property, at grade level.
Structure: Any building, dwelling, fence, swimming pool, or similarly constructed,
Blight Prevention Appeals Board: A Board appointed by the Board of Selectmen to serve
with the same authority as a citation hearing officer, as defined in, and pursuant to
C.G.S. § 7-152c, Such board members shall not be individuals who issue citations and
shall not otherwise be an employees of the town. The board members shall serve for a
term of two years, unless otherwise removed for cause by the Board of Selectmen.
Dilapidated: Any building or structure or part thereof which Is deemed an uninhabitable
or unsafe structure as defined in the Connecticut State Buliding Code, or any dwelling
or unit which is determined fo be unfit for hurnan habitation as defined by the
Connecticut Health Code.
Blight enforcement officer: A petson or persons authorized by the first selectman to take
such enforcement actions and to issue citations are as specified in this chapter, who
shail not be the blight citatlon hearing officer.
Registrant’ Any person who has commenced an action to foreclose a mortgage on
residential properly 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.

47. Town official: The officer or officers, who are authorized by this chapter to exercise the
powers prescribed herein, including the first selectman, director of public works, fire
marshal, fire services administrator or designated agents, and any police officer of the
town.
48. Capable individial shall Meat a person, 18 year s or older, Who can be reasonably ~
expected to perform maintenance and yard work around a property or premises,
15.26.030 - Prohibition of Blighted Premises.
No owner of real property located in the Town of Waterford shall allow, create, maintain or cause to
be created or rnaintained, a blighted premises, as defined in 15-26-020.
15.26.040 - Exemptions. °
The following properties and/or portions of properties shall be exempt from this chapter:
A. Land dedicated as public open space or parks;
B. Vegetation preserved in its natural state through conservation easements or conservation
restrictions; -
C. Maintained gardens, ‘flower beds, and/or xeriscape landscaping as part of a landscape design,
or naturalized areas as defined In Subsection 15.26.020.F herein, provided they do not cover or
block means of egress or access fo any building, or promote rodent harborage and/or infestation;
D. Any building or structure undergoing remodeling being diligently conducted pursuant to an active
building permit, provided that said 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 submission of the application to the town.
(Amend. of 4-18-17(2))
15.26,050- 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. {f 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
amount 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. 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 disabillly meeting the definitions
for mental or physical disability as defined under the Americans with Disabilities Act of 1990.
C. Elderly individual shail mean an individual over the age of sixty-five.
D. 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. § 42-170d(a)(3).
(Amend. of 4+18-17(2))

15.26.060 - Administration and enforcement.
A.
Upon the observation of the Blight Prevention Officer and/or upon receiving a written complaint of a
possible violation of this chapter signed by the complainant in his/her legal name, the Blight Prevention
Officer shall initiate an investigation: ~ coc -
Hf after completing an investigation, the Blight Prevention Officer determines that a violation of this
chapter exists on certain real property, he/she shall issue a notice of violation by leaving a copy of
such notice of violation with the owner(s) of the real property on which the violation exists or by affixing
the notice of violation to the blighted premises, The Blight Prevention Officer shail also send a copy of
the notice of violation by certified mail, return receipt requested, to the last known address of the
owner(s). -
The notice of violation shall inform the owner(s) of the real property on which the violation exists of the
following: .
(1) The address of the real property on which the violation exists;
(2) The allegations against the property owner(s), including the conditions existing on the real
property which evidence the violation;
(3) The amount of fines, penalties, costs, or fees due or that may be due pursuant to
§15.26.070 herein;
(4) That the property owner(s) must remedy the violation(s) of this chapter within 30 calendar
days of the notice of violation or such longer period as permitted by the Blight Prevention
Officer in his/her discretion;
(5) That the property owner(s) may contest liability before the Blight Prevention Appeals Board
by delivering in person or by mail written notice of such request to the Blight Prevention
Officer within 40 calendar days of the notice of violation;
(8) That, if the property owner(s) does not demand such a hearing or remedy the violation(s),
an assessment and judgment shall be entered against the properly owner(s);
(7) That the judgment may issue without further notice.
As permitted by the hearing procedure for citations set forth in Connecticut General Statutes §7-152c,
which the Town of Waterford specifically adopts herein, the First Selectman shall appoint, with the
approval of the Board of Selectmen, six residents of the Town of Waterford to serve on the Blight
Prevention Appeals Board, with five residents to serve as regular members and one resident to serve
as an alternate member of the Board, No appointed member shall be a police officer, employee of the
Town of Waterford, or a person who issues citations. All members of the Blight Prevention Appeals
Board shall be appointed for terms not to exceed two years and shall take office on the first business
day in January following a general Town election, The powers, duties, and responsibilities of the Blight
Prevention Appeals Board shall be those set forth for citation hearing officers in Connecttout General
Statutes §7-152c and this chapter.
{f 1) no hearing has been requested within 10 calendar days of the notice of violation and 2) the
violation has not been remedied within 30 calendar days of the notice of violation or such longer period
as permitted by the Blight Prevention Officer, the properly owner(s)’ of the real property on which the
Violation exists shall be deemed to have admilted liability and the Blight Prevention Officer shall certify
such property owner(s) failure to respond to the notice of violation to the Blight Prevention Appeals
Board. The Board shall thereupon issue a citation by delivering same to the property owner(s) in the
same manner prescribed above for the initial notice of violation and assess the fines, penalties, costs,
or fees provided for in §1.26.070 of this chapter unless, pursuant to Its discretion afforded below, it
determines that certain circumstances exist which warrant a delay in citation or assessment. The date
of the citation shall commence the daily fine established in §15.26.070. ,
If the property owner(s) who has/have been issued a notice of violation request(s) a hearing within 10
calendar days of the notice of violation in the manner required above, a hearing will be scheduled and
- conducted before the Blight Prevention Appeals Board in accordance with the requirements contained

Connecticut General Statutes §7-152c¢(e). As noted therein, the Blight Prevention Appeals Board shall
announce its decision at the end of its deliberations, If the Board determines that the property owner(s)
isfare not liable, the Board shall dismiss the matter and enter its determination in writing. If he Board
determines that the properly owner(s) is/are llable for the violation, it shall forthwith enter and assess
the fines, penalties, costs; or fees ‘against such personas provided-in this chapter-unless; pursuant to
its discretion afforded below, it determines that certain circumstances exist, as described in 15.2.050,
which warrant a delay in citation or assessment.
G. Prior to issuing a citation or assessing fines under this chapter, the Blight Prevention Appeals Board
may give special consideration to property owner(s) who are disabled, elderly, or low income, per
45.2.050, who cannot maintain a reasonable level of upkeep of the real property at which they reside.
In such circumstances, the Board may allow the property owner(s) a reasonable amount of time to
remedy the violation, the duration of which shail be in the discretion of the Board but shall not exceed
six months from the hearing date or from the date of the notice of violation where a hearing is not
requested. In order to exercise its discretion, the Board shall require either testimony or a written
affidavit from each affected properly owner (if they are truly unable to appear in person before the
Board for a hearing) attesting that no person resides at the real properly who can perform the
necessary maintenance, yard work, ete,, to remedy the violation and the property owner ts unable to
afford to hire the services of a third-party contractor to perform the remedial services.
15.26.070 - Violations and penalties.
A violation(s) of the provisions of this chapter shall be punishable by a fine of $100.00 per day for each day
a Violation continues to exist. The date the citation was issued by the Blight Prevention Appeals Board
shall be the commencement date for said fine.
15.26,080 - Right to appeal.
A properly owner against whom a citation or assessment has been entered under this chapter may appeal
the decision of the Blight Prevention Appeals Board as provided in 7-152c¢ of the Connecticut General
~ Statutes.
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 fails to abate or
correct any violation specified in a notice, pursuant to Section 18.26.0606 herein, after the issuance of
an enforcement cltation for such failure, once the citation has become final through the failure of such
owner, agent, tenant, or person in control to appeal from the issuance of the citation or by such appeal
being 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(c)(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 against 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.
B. inthe event that the blight enforcement officer prevails in such legal proceedings, the violator shail 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.

In addition to having a lien for abatement expenses, any unpaid fines or costs shall constitute a lien 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.

Chapter 15.26- BUGHTED PREMISES
15.26.010- Purpose,
Ao ‘Fhe presence in-the Town of Woterlord otros preperty-hieh-existe i blighted: condition consHules
" Is-datei {wet as :
manuni-arnd
fe
aesminuiag : jlal-to-the -heallh_safebrand-¢
adversely-affeals-eroperly-values,-thus-contdbuling to-tho-deeline-of neighborhoods-ond-negalively
olfecting-the-econemic-well- bei f-the- iowa andils residents, rhe sbatoment andlor elimination of
bfighted premises Is necessary to protect, preserve, and-promote-public health safety and general
welf: fhe community A dinghy Ah dina: codified Ia-this chasteci adepted-pursuantte
G.G.S--§§F-44 8g HFA} 74480(0)-and 74626,
Is osdinance is to protect, preserve ote public he: lety and welfare:
The purpose of thls ordinance is to protect, preserve and promote public health, safely and welfare:
to maintain and preserve the beauly of the Town's neighbarhoods: preserve and protect property
jues; and allow for the remediation of blighted oremises.
This avticle is adopted in accordance with the provisions of C.G.S. §§7-448(c)(7)(H)Gv), 7-1480(b)
and 7-152{c).
e
B. Public nuisance, It is hereby dectared 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
Of any public right-of-way abutting sald premises In such manner that any of Ihe following conditions
described below exist thereon, which shall be defined as blight.
(Amend. of 4-18-17(2))
45.26,020 - Definitions and Establishment of Blighted Conditions.
A. Definitions
For the purpose of this chapter, the fellowing terms and phrases shi
section, unless a different meaning (s clearly indicated by the context
Ac4, Blighled premises: Any hause, building of structure or land in which at feast one the following
condivons exists. A blighted premises is presumed to be a public nuisance:
4.1.1. has been determined by the town's bitght enforcement officer thal a condition exists«
that poses a serious or immediate threat to the health, safety or general welfare of the
community.
2.1.2 The property is in a slate of disrepair or is becoming dilapidated. “State of disrepair” or
"becoming dilepidated” shall mean in a physically detertorating condition causing unsafe
of unsanitary conditions or a nuisance to the general public as evidenced by one of more
of the following conditions:
a. Missing, broken, or boarded-up windows or doors;
b. Collapsing or missing exterlor features including but not limited to, walls, roofs, stalrs,
porches, fallings, decks, hatches, chimneys or floors;
6-—Sirueturaty- faulty foundation; .
dc. Unrepalred fire or water damage;
e-—Lacks-taciities necessantterhabhiaven;
fd. Vacant structure(s) open and not secured against enlry;
g-—Redent harborage andierinfestatien;
{102029340,D0G; v.}
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"| Formatted: Space Alter, 0 pt, Line spacing: singe 3
(Formatted: Font io pt }
“— (Formatted: indent: Left: 0.6°, Hanging: 04° J

b——Parklag-lote-in-excess-of ten_porking spacestn-a-siate-of disrepair or abandonment,
dd J _-fe v by Se thot,
at
5. wth_of vegetation withlath
surface-pavement-ormacadam, or-within medians and buffers;
ia, Shrubs, hedges, grass, plants, weeds of any other vegelalion that has been left to
grow in an unkempt manner that Is covering o¢ blocking means of egress or access to
any bullding or that ase blocking, Interfering with or othenvise obstructing any
sightiina, road sign, or emergency access to or at the propertywhea viewed from-any
propertyting; .
jf Whether any building of dwelling on the premises is occupied or not, no grass of
weeds shall be permitted by any owner of occupant lo reach a height greater than two
feal over hventy parcent of the property when viewed from a oublic steel:
k —The-overall_condition-othe-preperty_strscture_and/or_grounds-causes_an—adverse
impact-on neighboriag-properti dier-hastedto th: Mali Hi S
the property; andfar
1—_Unticensed/ineperable-vehicle(s} which vielale existing town zealng regulations:
mg. Dumpsters placed on private property when viewed from any public way for the
purpose of disposal of any sold or liquid waste for a period ‘of more than sixty-ainely
days from the date of the dumpster's detivary and which fhas not been placed in
assoclation wath a site plan approved in accordance with the Waterford Zoning
Regulations or a construction project with an aclive building permit
h._Junk as this term is defined in Section 3,26 of the Zoning Regulations.
Rubbish broken glass, trash, refuse, debris stumps, reels, or- boats and hiner
Et, fis pale that anrotbeiusedfort figinal_purpese:
. Debris: Material which Is incapable of immediately parforming the function for whlch it wase------ { Formatted: Indent: Left: 0.5", Hanging: 0.4" ]
designed including, but not limited to: abandoned, discarded or unused objects; Junk
comprised of equipment such as automobiles, boals, and recreation vehicles which are
unregistered and missing parts, not complete in appearance and In an obvious state of
disrepair, pars of automobiles, furniture, appliances, cans, boxes, scrap metal, tires,
batleries, containers, and garbage which is in the public view. .
3.p. Decay: A wasting of wearing avvay; a gradual decline In strength, soundness oF quality; tor-----~ { Formatted: indent: Left 0.5%, Hanging: 0.38" }
become decomposed of ralten, except a conleined compost pile. . 7
4, q. Mechanical equipment: Any apparatus designed to operate by an internal combustion
engine, or designed to be lowed by any apparatus propelled by an intemal combustion
- engine; to also Include electie and pneumatic equipment.
5.6. Natural field sfate: Areas where grass, weeds, and brush exist In their natural, un-
landscaped state.
. Naturally wooded stale: Areas where trees, brush and plants exist ia thelr natural, un-
landscaped stale.
|. Person: Any man, woman, corporation, or other legal entily capable of owning real property.
8.u. Premises: A platted lot or part thereof or un-platted lot of parce! of land or plot of land, either
occupied or unoccupied by any dwelling or non-dwelling slucture and indudes such
building, accessory steucture of other structure thereon, or any part thereof. The terms
“premises,” where the context requires, shell be deemed to include any buildings, dweliIng,
parcels of land or structures contained within the scope of this chapter.
9.x, Public views Visible from any public right-of-way or neighboring property, at grade level,
40.¥. Structure: Any building, dwelling, fence, swimming pool, oF similarly consisucted- abject,
IN0
Io
e;
tad
{Formatted: indent: Left: 0.44", Hanging: 0.44" j
{102029440.00C; v.}

B11.. Citation -hearing-efficer Blight Prevention Appeals Board: A person Board appointed by the+
{ Formatted: Indent: Left 0,3", Hanging: 0.58"
first_selectman-Board of Seleclmenas-sn-officer_to serve with the same authority as a
dilation hearing officer, as defined in, and pursuant to C.G.S. § 7-1626,4e-serve-asthe
Glaticn- hearing board. Such officer board members shall not be an-individuals who issues
dilations and shail not othenvise be 2n-employess of the town. The blight citation hearing
officer-board members shail serve for a term of two years, unless othenvise removed for
cause by the-frsteeleetman Board of Selectman.
6.42. Dilapidated: Any building or structure or part thereof which is deemed an uninhabitable opt sse---f Formatted: indent: Left: 0.3", Hanging: 0.51"
unsafe structure as defined in the Connecticut State Building Code, or any dwelling or unit
which is determined to be unfit for human habitation as defined by tha Connecticut Health
Code.
B13. Bight enforcement officer: A person oc persons authorized by the first seleciman to take
such enforcement actions and {o Issue citations are as specified In this chapter, who shall
not be the blight citation hearing officer.
E44, Registrant’ Any person who has commenced an action lo foreclose a mortgaga ont-++-~ Formatted: Indentt Left, 9.3", Hanging: 0.52"
tesidential property and has registered such property with lhe town clerk.
F415. Naturalized areas: Contiguous ereas of vegelation thal come from natural regeneration
andlor intentional plantings with native plant material. These areas are an approach to
fandscaning as a means of promoting dic-diversily, reducing water use, and reducing
maintenance costs.
G16. Town: The Town of Waterford.
H4Z. Town officiel: The officer or officers, who are authorized by this chapter to exercise the: om | Formatted: Indent: Left: 0.3", Hanging: 0.51"
powers prescribed herein, including the first selectman, director of public works, fire
marshall, fre services admlnistater or designated agents, and any pollce officer of the town.
48. Capable individual shall mean a person, 18 years of older, who cen be reasonably oxeected wef Formatted: Font Itafic
fo perform maintenance and yard work around a property of oremises.
3. ‘The fire marshal has-detemined-thate-building or steuctureis-a fire hazard,
fAmend-oFH184172))
15,26.030 - Prohibition of Bliahted Premises (Formatted: Font: (Default) Asial, 10 pt
No owner of reat located in the Town of Waterford shall allow, create, maintain or cau
be created or maintained, a blighted premises, as defined in 15-26-020. .
15.26.036040 - Exentptions.
The following properties and/or portions of properties shall be exempt from (his chapter,
A. Land dedicated 3s public open space or parks;
B. Vegetation preserved in its natural slate through conservation easements or conservation
testdctions;
C. Matntalned gardens, flower beds, and/or xeriscape landscaping as part of a landscape design,
of naturalized areas as defined In Subsection 15.26.020,F herein, provided they do not cover or
block means of egress or access to any building, o¢-bleck-taterferevath-o¢ olhenvise-cbstaict
{102029440.00¢; v.}

any-sightine-read sign, or emergency-access-lo-oratthe prepaity-or promote (odent harborage
andfor infestation;
D. Any building of sinicture undergoing remodeling being diligently conducted pursuant fo an
active building permit, provided that said exemption Is applicable only during such remodeling
period; .
E. Any blighted premises for which a land use application Is pending for a period of ninety days
from the date of submission of the application to the town.
(Amend. of 4-18-17(2))
15.26.040050 - Special consideration.
Special consideration may be given to Individuals who ere disgbled, elderly, of low lancome in the
tovm's effort to corect housing blight. If an individual home owner cannot maintain a reasonable level of
upkeep of ovmer-occupled residence because the individual is disabled, elderly, or low income, and ro
capable individual resides in the residence, the town may give said Individual home owner a reasonable
amount of time {o correct the problem, Ue duration of which shall be In the discretion of ihe blight
enforcement officer. If needed, assistance In finding solutions will be offered by the town.
A-—Capable—individval-shall-mean—a—person—who—can—be-reasenably-expected—te—perforn
malntenance-and-yard-wor-areund-a-properly- of premisesthis-shall inelude-children-above
sixteen-years-of age without physical or- mental dicability ac defined hareln:
BA Disabled individual sha'l mean, tn the case of an ovmer occupled residence, an tadividual who
has a disability meeting the definilions for the mental or physical disabilily meeting the
definitions for mental or’ physical disability as defined under the Americans with Disabilities Act
of 1990, and—deas_not—haye—a-_household -member-cagable_ef_providing-the—necessary
malalenence-
CB. Elderly individual shall mean an individual over the age of sixty-five-whe-dees-nat havea
household- member-capable of providing necessany propery maintenance,
BG. Low Income individual shall mean, in the case of an owner occupied residence, an individual,
of where more than one parson resides In the premises, a family unit, that has an Income below
ihe highest level of “qualifying income" established by C.G.S. § 12-470d(a}(3).
(Amend, of 4-18-17(2))
35:26.050-—Creatlon or mainteaance of a-bilghted-property prohibited,
No-owner-agent;lenantand/er person-taspensibieforine care; maintenance, andioteendition of
teal- property, sholl-cause-or-allow-any blighted property, as-defined in Section 46.26.020,10-be-crealed;
maintained orcontinued:
(Amend, of 4-18-17(2))
15.26,060 - Reeelpt-ofcomplaints ond notice of violation, Administration and enforcement,
J emanieipes viable jnvestigat yoweitten, signed: pointond—det
whethera vielatien obs
chapter exists.
B—The-blight anfercement-offi hall-gh itt tiee-of e-violation-of this-chapterto the ownerend
eecupantotand- may give-witten nollcete their agenl(s)-and/er any-other persen responsible forthe
blighled-premises. The -notica-shall-be-hand delivered c¢-malled-by-both-cerified mail, relum-recelpt
requested. and first class mailto the-address oh file-svite-he-Watertard-Tex-Cellector,
{102029440,D0C;v.}

any ofthe persens identified Ia Section-15-26.040 herein-to-the-tast known-address-olthe personte
vhomitis-directed_and py-rasiled- by first class mailte-anytienhoiders current orlasl known
address-_pursuantte-C.G.S-§-7-148gq-If- the notice is-mailed-te-enly-ono-of- lhe sesponsibie parties,
” that-shall sway-be-or-bt ined as, aselease-of-any-other-partyIF-there-ts-marethan-one
sespensible-party identified inthe noice the responsibility for complying wilh tho notice shall be jolat
endseverak
€—Such-neties-shall-state the-vielalien-ond-demand ile_abalement-within-2 bio-time-to-be
determined-by-the-blight enforcement-officer-based- on-the-nature-and-extant-oHthe-violation-f-the
iolation Ie-not corrected wilaln tho imo. provided ia the watten notice the blight enforcement officer
may issue-an-enforcement-cl