Public Works, Planning & Development Standing Committee of the RTM Special Meeting & Public Hearing Materials (linked)

PHONE: 860-442-0553,
wirwavaterfordct org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
AGENDA
PUBLIC WORKS PLANNING & DEVELOPMENT STANDING COMMITTEE of the
RIM
PUBLIC HEARING FOLLOWED BY SPECIAL MEETING
Wednesday, September 16, 2020/6:30 P.M. - Waterford Town Hall
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PUBLIC HEARING
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Public Hearing in regard to a proposed amendment to the Waterford Code of Ordinances,
Chapters 2.20 and 2.58 enabling the facilities manager position to be moved from the
Planning Department to the Public Works Department.
A. Open Public Hearing.
B. Close Public Hearing.
5. Adjournment
SPECIAL MEETING
1. Call to Order
2. Roll Call

Public Comment
To consider and act upon the August 17, 2020 Meeting Minutes.
Consideration and possible action on item referred to committee: /
A, Waterford Code of Ordinances review of Chapters 2.20 and 2.58. (RTC 06-01-20)
B. Proposed changes to the Waterford Code of Ordinances Chapter 15.6, Blighted Premises
(RTC 08-03-20) :
Adjournment

PHONE: 860-442-0553
RIFTREN ROPE FERRY ROAD
wwwavaleniprdctorg
WATERFORD, CT 06385-2886
Spectal Meeting
Tuesday August 17, 2020 ;
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 7s
_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-Wagiter, 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 heaving, 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
ae submitted,
David L. Campo, DE Gonpte
Waterford Town Clerk

tam not sure that there need to be changes.to the Blight Ordinance enacted In
April 2047 as there need to be serious enforcement. My opinion [s that these
_changes are a smokescreen for t
me share with you my experience arid 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?
| walted for the blight ordinance to be written; approved and enacted. Then | filed
y to wait for the process to play out with attempted enforcement.
-acomplaint onl
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 2018. 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 1s 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. o
6 WY 2190
Nonfeasance js the failure to act where action Is required—willfully.or-tn
neglect, Misfeasance is the willful inappropriate action of Intentional incorrect =
action or advice. Malfeasance Is the willful and Intentional action that injures a
party, !am Injured by the lack of enforcement of a hearing officer's written
_ decision. . re
Offeriders are emboldened by lack of enforcement and Inconsistent appllcation of
_ blight ordinance and zoning regulations. :
n for the behavior of the zoning-department. Please let

ineffective and incompetent Blight Enforcement Officers and their management
require training, : ‘
---— — -—-Therewas no communication on the part of the contig departinent management — ~~
_ with me when'the BEO was ineffective and/or absérit. There has been no
response to my continued and persistent emails té Abby Piersall for over fifteen
months. My emai! complaints to Abby Piersall were ignored, This is a total and
complete lack of customer service. 1am 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

Chapter 2.20 - PUBLIC WORKS DEPARTMENT!)
” proposed Amendments {May 18, 2020)
Footnotes:
le (A)
Editor's note— An amendment dated June 2, 2014, amended Ch. 2.20 in its enliraly to read as hereln
get out, Former Ch. 2.20, §§ 2.20.010—2.20.040, pertained to similar subject matter and derived from:
Prlor code §§ 2-106-2-109; and R.T.M, 10-7-01 (part). a
2.20.04.0 - Created—Dutles.
There fs 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, lighling and inspecting of highways, sidewalks
and curbs, public drains, and other public infrastructure improvements; and the preservatton,
care and removal of trees yathin highways or public places and related engineering wark of the
town; and the collection and disposal of garbage, rubbish, ashes, recycling and operattons of
lransfer 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 ullllly commisston, and as
approved by the first selectman; provided the costs are charged against the appropriations of
the requesilng commission.
In additlon, the department shall be responsible for the maintenance, alteration, renovation
and repatr of all town owned buildings and facilltles,, other than schools, water and sewer
Infrastructures such as pumping statlons and utilty commisston buildings, and facilities under
the management of the recreation and parks commission, to Include, but not limited to, town
hall, library, emergency operations center, community center, youth and family services, police,
public works, Jordan park house, and nevins collage. Facilities shall include all parking,
handicap access, and pedestrian ways used to access bulldings.
(Amend, of 6-2-14(1))
2.20.020 - Dicector—Appolntment, removal, powers and duties.
The board of selectmen shall appoint and may remove a director of public works who shall be
responsible for the effictancy, discipline and good conduct of the department, and who shall appoint and
may remove stich daputtes, assistants and employees as the director may deem necessary, and shall
prasaribe thelr dultes. 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 Ihe board of finance.
The director shall exercise his powers and discharge his dulles under the supervision of the first ,
selectman, The director shall organize the work of the department In such a manner as {he director shall
deam most economical and efficient. The director shall be the tree warden and shail have all the powers
and dutles thereof as provided in C.G.S,A. Ch, 461, as amended,
(Amend, of 6-2-14(1)) ; , .

2,920,030 - Personnel —Quaillfications.
A. The director of public works shall have, at a minimum, a Bachelor of Sclence degree In civil
engineering: ee mn . : an
B. The qualifications of (he olher members of the depariment of public works will be recommended by
the director of public works, with the approval of the board of selectmnen.
(Min. of 4-7-14; Prior code § 2-108)
2.,20,040 - Organization,
‘The depariment of public works shall consist oft
A. Adirector of public works;
B. An asststant diractor of public works;
C. A municipal facililles manager
DB. The following divisions:
4. Sanitation and recycling.
2. Highways.
3, Mechanical Fleet and Light Equipment malntenance.
4. Factlily Management
(Amend, of 6-2-14(1))

Date: May 18, 2020
Chapter 2.20 - PUBLIG WORKS DEPARTMENT?
Foolnotes:
=.=
Editor's note— An amendment dated Juno 2, 2014, amended Ch. 2.20 in its entirety to read as heraln
sat out. Former Ch, 2.20, $§ 2.20.010—2.20.040, pertained to similar subject maker and darved from:
Prior coda §§ 2-168—2-108; and R. TA. 10-1-01 (pari),
2.20.010 - Created—Duties.
] There ts a department of pub¥o works which, undar the supervision of tho frst seleckman,
shall have supervision and contol of the plaaaing, suaying, consinxdag and reconstructing,
altering, paving, repairing, matntalaing, cleaning, lighting and Inspecting of highways, sidewalks
and cuths, public drains, and other public Infrastructure Improvements; and the preservallen,
care and removal of bees vdlhta highways or public places and related engineering work of the
tov; and the collection ard disposal af gachaqa, rubbish, ashes, secyding and operations of
transfer station, Furthes, the department may Inatall and/or suporisa lhe Installation of water
and saver tnes, but only ifand fo the extent requested by the ullity commission, and as
approved by tho first selactman; provided the costs are charged agalast the eppropilations of
the caquasting camelssian.
alr pf all Lowa o¢a nos and faciitle: chan schools,
4
ike? (earmattedt Font coton Red
Inadditlon, the department shall,be responsibte (or the maintenance, iteration, senoyation F
ii water ant sewer
fe
ta f elated: . (2)
Beleted:. :
i Belered: (1)
Af Deleted: s
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By (Octet &
ve (Dateteds pumping stations,
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a a
S23
LL
RAK AA
J (Deletes) end iy coremissien WwAdinns,
220.020 - Director—Appointment, remaval, powers and duties,
‘The board of selecinien shall appoint and may remove a director of public works who shall bs.
_ responsible for the efficdency, discipline and good comluct of the department, and who shall appoint and
may remove such depulles, assistants and employaes as the director may deem nacessary. and shell
presciibe their dulles, The ditector shal be iasponsible for the prepaallon of tho departmental jnudgel,
vibich shall be sutniilted lo tie board of selectmen for teview and presentallon fo the board of finance.
‘The director shall exercise his powers and discharge his duis under the supeniston of tha first
soleclman, The director stiall organize the work of the department in such a menaer as the director shalt
deem most soonomical and effictent. The director shall bo the (rea warden and shall have all the powers
and duties thereof as providad ia C.0.8A. Ch. 451, as antoaded, . 0
(Amend, of 6-2-1400)
F [ay Heed to define taciites (such 98 doag this include
nfresimuclures such as pumoing slallons and ulity commission buildings, and faciiiles under"
tha managemeat of the ra id isston, {6 Include, but not Xmffad to, tov
a library 2 a ta punily canter, tt ity $¢ $
ub’ a gu) ving . Packitles shall Inciude al
handicap accass, and padasirlan ways used lo access buldinas, .
fAmend, of 6-254) ee eee eee ee een nce eee
\
4H | Deleted: (1). ifthts is not referencedin the first
wy paragraph, [don't ses the aged hece.f]
f [geounds and perking ots ecound these tuitings,
¢ | Reccaatin and Parks manfanance. factiles)y
(2). L¥ncw us is tha olf languaga, tut pdvale drains?
have ne ght fo enter onto private property. Also, 1s
this ih confikt wah 19,16, 160 Watercourse protection?
(4). 1 beifeve thls dossa'tconfiktw2h Chapter 2.88 a 4
partahs io the word etteratboas.§
(Th. Convent on the taal part, fe tha Intent fo Just Est
3 the structures (own hall bibrary eto} tet wil be the
We responsib:fly of Publis Works lo msialaln or ts fo fist
GX. | the DepastmentesDidstons that this wit pera to.
As] (Mero 070 no Patks Hutdhas Msted).g
a formatted Font <don Red
el Fovmalteds Font color Red
We Formatted: Font calor Red
Wel Formatted: Fant elon Red
*{ Formatted: Undedne Font ctor Red
{ Formatted: Fant colon Red
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Ramee th eh el ee eran L_
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2.20.030 - Personnel Qualiftcations, .
A. The director of public works shall have, at a minimum, & Bachelor of Sconce degrea in civil
ongeedag,
B, Tho qualifications of the other members of the department of public works vill bs recommended by
ine director of publlo works, vath the approvel of the board of selgcinjen. ..... .. we 2 Deleted WOKS J
(Min, of -7-14; Prior cade § 2-108)
2,20,040 - Organization.
The department of publlo works shall consist of
A Aditedor of public works;
B. An assistent director of publlo works;
ae { Deleted: M
akdpal,
Seo {elated
aos eleleds -
Gitia: ager
at Deleted F
~ j
Yt Forntatteds Fant colon Red
\[ Gelateds A
Nas [rorenatteds Suikettvough
Sy matetedi 6)
y
W \[Deteteds (9)
(Amend, of 6-2-1401) Ss (elated:
5, Tetered: (6) Recommend tho chenga een Mechenteat
| to Fleet ond LgntEqulpment, Factiles has a lolol
> | mechanical equipenen
My {0) Need to add the new diisfon of public works.
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2,56,050- Compensation,
‘The members of the seononite davetopment commission shall recelve nd compenselion for thelr
Sorvidos ag SUCH, bUt shall bo ralavbursed for thelr necessary expenses Incurred (n the performance of
thelr dutles, .
{R. Til, 8-2-99 (part); prior code 2-124),
Chapter 2,58 « PLANNING ANO DEVELOPMENT DEPARTMENT
2,58,040 « Created,
In accordance vith Secon 1.2 of tha Town Charter, and C.G.S.A. § 7-148, there shall bea
depariment of planaing and development which shel be managed by a director of planning appalnied by
the board af salectmen as cacommended by the fisl seleclatan.
(Amend. of 6-2-14Q))
2.58,020- Dutles.
Tha department shall menage ine centralized planning, buiNving end development functions of Yie -
tov, which shail faclude assisting the planning and zoning commission, zoning board of appeals,
consarvation commission end all ather such boards and commissfons within the town Addifignaldulles
shall Include issuance of aif buiding/zenlag appikalions, building permits, zoning and vallands permits,
‘and environmental review of ail bullding codes, zontng and yralizad cagulatieas Within the tawn, as
determined by the tavn regulatory aulhosilies.
(Amend. of 6-2-£4(2))
2.59.030 - Director—Appolntment, removal, powers and duttes.
The board of salectman shall appoint end may remove a ditector of pleanlag wo shall be
casponsibia for the offictency, discipline and good conduct of the planning and davalopmtent deparinent,
and who shal appoint and may remove auch deputios, assistants and employees as the director may
deem necassery, svi shell prescsive thelr duties, The dkector shall be responsitte far the praparation af
the departmental budget, vaich shall be submitted to tha board of seleclman for review and presentation
40 tha board of finance. The diector shall oxerciso such povears and discharge such duties under the
supervision of the first sefectman, The director shall organize the work of the department n such a
mannor as ho shall deom most economical and offiant
(Amend, of 6-2-14(2))
268.040 - Organizatton.
The department will pmarlly consist of:
A. Adliector of planning;
B. Abutkting affictal,
c. Aplanner;
_ ~ [Delated: In edditon, tie depatmtent shel under the
Supervision of lhe first selectmen, bs responsibta for
the maittenance, repay of buivngs and building
projects, for alllevm ganad bubdiags aad lactis,
other thea schools, uniping slettons, wales and sewer
Initashruclures 2ad (oads, lo inode, but notitaized fo,
towai hal, Hvary, emergency operations center,
comawndy canter, youth serves, poke and publlo
rocks and ubtly commission buldlags,

“ D. Awellands officer/environmental planner;
~ &. A zoning officer;
{Amand, of 6-2-14(2))
ta. >] Deleted: A munklpal fecitiss maintenance
“\, [eoardinator.
‘Lrormatied: No bullets ov numbering
oo

Proposed Language (May 18, 2020)
____ Chapter 2.58 - PLANNING AND DEVELOPMENT DEPARTMENT 0 ee
258.010 - Created,
In accordance wilh Section 1.2 of the Town Charter, and C.G.S.A. § 7-148, there shall 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@))
2,58.020 - Duties,
. The department shail manage the centralized planning, buliding and development functtons 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 raviaw of all building codes, zoning and wetland Tegulations wilhin the town, as
determined by the town regulatory authorltles,
(Amend, of 6-2-14(2))
2.58.030 ~ Director—Appotntment, removal, powers and dutles.
The board of selactmen shail appoint and may remove a director of planning who shall be
responsible for the offtctency, diselpline and gaod conduct of the planning and development department,
and wha shall appoint and may remove such depultes, assistants and employees as ihe director may
deem necessary, and shail prescribe Ihelr dutles, The director shall he responsible for the preparation of
the departmental budget, which shall be submitted to the board of selectmari for review and presentation
to the board of france. The director shall exercise such powers and discharge such dulles under the
supervision of the first selectman. The director shall organize the work of the deparfinent in such a
manner as he shall deem most economical and efficient,
(Amend. of 6-2-14(2))
2,868,040 ~ Organization.
The department will primarily consist oft
A. Adirector of planning;
B. A building official;
Cc, Aplanner,
D. A wetlands officerfenvironmental planner;
E. Azoning 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 beauly of the Town's neighborhoods, preserve and protect properly
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)), 7-4480(b)
and 7-162(c). .
Public nuisance. Its hereby declared a public nulsance for any person owning, leasing, occupying of
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 thal any of the following condilions
described below exist hereon, which shall be defined as blight. ,
(Amend, of 4-18-17(2))
15,26,020 ~ Definitions and Establishment of Blighted Conditions
A. Definitions
For the purpose of this chapter, the following terms and phrases shail have the meanings set forth in
this section, unless a different meaning is clearly indicated by the context:
4. Blighted premises: Any house, building or structure or land In which at feast one of the
foltowing conditions exists. A blighted premises is presumed to be a public nuisance;
44 \thasbeen determined by the town's blight enforcement officer that a condition exists
that poses a serlous or Immediate threat to the health, safety or general welfare of
the communily. : ,
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 deterlorating condition causing
unsafe or unsanitary conditions or a nulsance to the general public as evidenced by
one of more of the following conditions:
a. Missing, broken, or hoarded-up windows or doors;
b. Collapsing or missing exterior features Including but not limited to, walls, roofs,
stairs, porches, rallings, decks, hatches, chimneys or floors;
c, Unrepalred flre or water damage;
d. Vacant structure(s) open and not secured agalnst entry;
e. Shrubs, hedges, grass, plants, weeds or any other vegetation that has beon 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 sightine, road sign, or emergency access to or at the property;
f, Whether any bullding or dwelling on the premises ts 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
steal; \
g. Dumpsters placed on private properly when viewed from any public way for the
purpose of disposal of any solid or liquid waste for a perlod of more than ninely

40,
14.
72,
43,
14,
15,
48.
days from the date of the dumpster's delivery and which has not been placed in
association wilh a site plan approved In accordance with the Waterford Zoning
Regulations or a construction project with an active building permit.
_ wah, dunk as.this.termts.defined Jn Section 3.26.0f 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 slate
of disrepair, parls of automobiles, furnilure, appllances, cans, boxes, scrap metal, tires,
batteries, containers, and garbage which Is in the public view. :
Decay: Awastlng or wearing away; a gradual decline In strength, soundness or qualily;
to becorne decomposed of rolten, except a contained compost plle.
Mechanical equipment: Any apparatus designed to operate by an Internal combustion
engine, or designed lo be towed by any apparatus propelled by an Internal combustion
engine; to also include lactic and pneumatic equipment, '
Natural fled state: Areas where grass, Weeds, and brush exist in thelr natural, un-
landscaped state,
Naturally wooded state; Areas where trees, brush and plants exist in their natural, un-
tandscaped stale. , :
Porson: Any man, wornan, corporation, or other legal ently capable of owning real
property.
Premises: A platted lot or part thereof or un-platted lot or parcel or land or plot of land,
elther occupied or unoccupied by any dwelling or non-dwalling structure and includes
such bullding, 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 scopa 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 authorlly as a citation hearing officer, as defined In, and pursuant to
C.G.S. § 7-1826, Such board members shall not be Individuals who issue citatlons and
shall not otherwise be an employees of the town. The board members shall serve fora
term of two yeats, unless otherwise removed for cause by the Board of Selecimen.
Dilapidated: Any building or structure or part thereof which Is deemed an uninhabitable
or unsafe structure as defined in the Connecticut State Bullding Code, or any dwelling
or unit which Is 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 lake
such enforcement actions and to issus citations are as specified in this chapter, who
shall not be the biight cltatton hearing officer.
Registrant: Any person who has commenced an action to foreclose a mortgage on
residential properly and has registered such property with the fown clesk.
Naturalized areas: Contiguous areas of vegetation thal 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 offielal: The officer or officers, who are authorized by this chapter to exercise (he
powars 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.
fe “f8.~ Capable individial shall wean @ person, 18 year sor older, who ‘gan be reasonably -
expected {fo perform malntenance and yard work around a property or premises,
45.26.030 - Prohibition of Blighted Premises,
No owner of real property located In the Town of Waterford shall allow, create, rnaintain or cause to
be created or maintained, a blighted premises, as defined in 16-26-020.
15.26.040 - Exemptions. °
The following properties and/or portions of properties shall be exernpt from this chapter:
A. Land dedicated as public open space or parks;
B, Vegetation preserved in its natural state through conservation easements or conservation
testrclions;
C. Malatalned gardens, ‘lower beds, and/or Xeriscape landscaping as part of a landscape design, ©
or naturallzed areas as defined In Subsection 16.26.020.F herein, provided they do not cover or
block means of egress or access {o any building, or promote rodent harborage and/or infestation;
D, Any bullding or structure undergoing remodeling belng diligently conducted pursuant to an active
bullding permit, provided that sald 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))
15.26.050- Special consideration, _
Spectlal 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 sald individual home owner a reasonable
amount of time to correct the problem, the duralfan of which shall be in the discretion of the blight
enforcement officer, If needed, assistance In finding solutlons will be offered by the town.
A. _ Disabled Individual shall mean, in the case of an ovmer occupted residence, an individual who
has a disability meeting the definitions for the mental or physical disabilily meeting the definitions
for mental or physical disability as defined under the Americans with Disabliltles Act of 1990.
C. Elderly individual shall mean an Individual over the age of sixly-five.
D. Low Income Individual shall mean, in he 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. § 42-470d(a)(3).
(Amend. of 4-18-17(2))

15.26.060 - Administration and enforcement.
A.
= -—-—- Officer:shall inillato an Investigations -—<———T rr
B.
Upon the observation of the Blight Prevention Officer and/or upon receiving awiilten complaint of a
possible violation of this chapter signed by the complalnant In his/her egal name, the Blight Prevention
It after completing an investigation, the Blight Prevention Officer determines that a violation of this -
chapter exists on certain real properly, he/she shall issue a notice of violation by leaving a copy of
such notice of violation with the owner(s) of the real properly on which the violation exists or by affixing
the notice of violation to the blighted promises, The Blight Prevention Officer shall also send a copy of
the notice of violation by certifled mall, return receipt requested, 10 the last known address of the
owner(s). -
The notice of violation shall inform the owner(s) of lhe real properly on which the violation exists of the
following: : .
(1) ‘The addrase of the real property on which the violation exists; -
(2) The allegations against the properly owner(s), Including (he condilions 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
§16.26.076 herein;
(4) That the properly owner(s) must remedy the violation(s) of this chapter within 30 calendar
days of the notice of violation or such fonger period as permitted by the Blight Prevention
Officer In his/her discretion;
(8) ‘That the property owner(s) may contest llabilily before the Blight Prevention Appeats Board
by delivering In person or by mall wetten notice of such request to the Blight Prevention
Officer within 10 calendar days of the notice of violalfon;
(6) 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 cltatlons set forth in Connecticut General Statutes §7-1626,
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 mornber of the Board, No appointed momber shall be a police officer, employee of the
‘Town of Waterford, or a person who Issues cllations. All members of the Blight Prevention Appeals
Board shalt be appointed for terms not to exceed two years and shall fake office on the first business
day In January following a general Town election. The powers, duties, and responsibililles of the Blight
- Prayeniton Appeals Board shall be those set forth for oltatlon heating officers in Connecticut General
Statutes §7-162¢ 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 perlod
ag permitted by the Blight Prevention Officer, the property owner(s)" of the real properly on which the
Violation exists shall be deemed to have admitted lability and the Blight Prevention Officer shall certify
such properly owner(s) fallure to respond to the notice of violation to the Blight Prevention Appeals
Board. The Board shall thereupon issue a cllallon by delivering same {o the properly owner(s) In the
sarie manner prescribed ahove for the initlal notice of violation and assess the fines, penalties, costs,
or fees provided for In §15.26.070 of thls chapter unless, pursuant {o Its discretion afforded below, It
determines that certain circumstances exist which warrant a delay tn citation or assessment, The date
of the citation shall commence the daily fine established in §15.26.070,
Ifthe properly owner(s} who has/have best issued a.Nolice of violation request(s) a hearirig 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 thereln, the Bilght Prevention Appeals Board shall
announce its decision at the end of its daliberations. Ifthe Board determines that the property owner(s)
_ jsfare not lable, the Board shail dismiss the matter and enter its determination in writing. If he Board
determines that the properly owner(s) Is/are liable for the violation, It shall forthwith enter ‘and assess
-— ~~ —- —the fines; penaliles; costs; or feas‘against such person-as provided In this-chapter-unless, pursuantto-
its discretion afforded botow, It determines that certaln circumstances exist, as dascribed In 15.2.050,
which warrant a delay In cllatlon of assessinent, “ or oe 7
G. Prior to Issuing a eltatlon or assessing fines under this chapler, the Blight Prevention Appeals Board
may give special consideration to proparly owner(s) who are disabled, elderly, or fow income, per
48.2.050, who cannat maintain a reasonable level of upkeep of the real properly at which they reside.
In such circumstances, the Board may allow the properly owner(s) a reasonable amount of time to
remedy the violation, the duralton of which shall 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 vidlalion where a hearing is not
raquasted. In order to exercise its discretion, the Board shall requlre either testimony or a weitten
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, dte,, fo remedy the violation and the property owner Is 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 shaill be punishable by a fine of $100.00 per day for each day
a violation contiiues to exist, The date the citation was issued by the Blight Prevention Appeals Board
shall be the commencement date for sald fine.
15.26,080 - Right to appeal.
A property owner agalost whom a citation or assessment has been entered under this chapter may appeal
the decision of the Blight Prevention Appeals Board as provided in 7-182c of tha Connecticut General
~ Statutes.
45.26,090 - Municipal enforcement and abatement.
A. In addition fo any penalties as permitted by statute, and the citalion and heating 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 in a notlce, pursuant to Section 48.26.0680 herein, after the issuance of
an enforcement citation for such fallure, once the cltatlon 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 Ils blight enforcement officer issuing such notice of violation,
may calise or take any action necessary pursuant to C.G.S, § 7-148(¢}(7)(E} to abate the violation
ypon twenty-four hours notice of its intent to do so. The cost to take such action shai! be a civil claim
by the town against such owner, agent, tenant, or person responsible for the properly, and the town
altorney may bring an action to recover all such costs and expenses Incurred, including reasonable -
altorney’s fees,
B. Inthe event that (he blight enforcement officer prevails in such legal proceedings, the violator shail be
ilable for all costs of bringing the property Into compliance, and shall further be lable for all legal costs
incurred by the town in doing so, including its reasonable attorney's fees.
(Amend, of 4-18-17(2))
15.26.00 - Recording of len.

in addition to having a flen for abatement expenses, any unpaid fines or costs shall constitute a fen upon
the real estate in. accordance with G.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,
A The prosence in-tho-Torn- of Watertord-ot-rosl proporty-whieh-ontste ln bghted condition <onstiules
acentinulag avisonce,le-delimentaltothe health, safety and-gensrolwvellar-oftho-commually, and .
advarsely-affedts-gropertp-values,-lws-conlibubing-to-tho-decline-of nelghborhoods-and negatively
affecting Dho-economtie wot being of he lowa-and lle residents, -Tho-obaterrent andlor alimination of
bflghted-promises te necessary 1o-prolect, praserve, ond promote-public health, safely end general
a i iniunity- Accordingly, the-ordinance-covified{n-thie-chapler-te-sdepted-purcuantte
G.G.S-S§7-A48te FIN Ge-7 4 Asofb) end-7 4620,
g purpose of Vils odinance g nd promote public health, sata :
io maintain end ereserve the beauly of the Town's nelahborhoods: praserve and orotect sroperly
yalues: and allow for the semedialion of bliohted ovemnisas. :
This aiticte Is adonted In accordance with the provisions of 6.0.8. §67-448 (ce) ZHixy) 7-1480(b)
ond 7-162{0). .
to prot
B. Publo nuisance. (tis hacaby declared @ gublle nutsence for any person owning, leasing, occupying
. or having charge or possession of any premises in tha Town of Waterford to maintain such premises
of any pubic sightofavay abuiUng sald premises in such manner that any of (ha following conditions:
described below exist tiereca, which shall be deined as blight.
(Amend, of 4-18-17(2))
15.26,020- Oefinttions and Establishment of Sighted Conditions:
Ae Definitions
section, unless a dilfarent meaning 18 clearly Indicated by the comext
Ac, Blghled promises: Any house, building of structure of lend In witch ot Teast one the folowing
conditions exists, A bilghled premises ia prosumed to be a public nuisance:
def dt has bean datemined by the town's bight enforcement officer that a condition axdstst--+--~
that posas a sertous of Imatedtate thvoal to the health, safety or general welfate of the
community,
24,2 Tho property Is In a state of disrepair or Is becoming dilapdated, “State of distepalr* or
“becoming dilapidated” shall mean Ine phystcally deteriorating condition causing unsafe
of unganitery conditions of a nulsence to the general public as evidenced by one of More
of the following conditions:
a. Miseing, broken, or boacded-up windows of doara:
b, Collapsing or missing extertor features Including but nol finited fo, wells, roofs, stars,
porches, failings, decks, hatches, chinineys or floors;
o-—-Slructurolly- favlty-foundation; .
de. Unjepalred fire of water damage;
eo Lacks faclltiae necesearyforhabhialen;
fd. Vacant alnxture(s) open end nol secured against entry;
g-—Redent harberage-andierinfestation;
{102029440,00¢; v.}
{Formatted:Indent Firstline: o
{ Fornvatteds Space Alter: 0p Une spacing: ingle
3J
{Formatted: Font: J0 pt
Formatted: tedeat:Left: 0,6°, Hangiag: 04°

he PorklagJole-tn-excase-of-ten-porking-spaces-n-o-stote-of disrepair er abandonment
yiderced,-ft nplo, by cracks, pele 5_—overgeouih-of vegatation-wiltiinthe
surface-pavement-ormacadam,-orwithin medians and bullets;
ig, Shrubs, hedges, grass, plants, weeds or any otter vegetalion that has bean taf to
grow fn an unkempt mannar that Is covering o¢ blocking medns of egress of aocass to
eny bullding of that are blocking, Interfering with or othenvise obsinxung ony
sighilne, foad sign, or amargency accass to or al the properly when viewed from-ony
. property tine, ,
jf Whather any buildiag or dwaliing on the premises fs occupled or nol, no grass oF
weeds shell bs peraltted by eny owner of occupent lo reach a helght greater than two
feal over twanty parcent of tha property when viewed from agublic stack
k-—_Tho-evarall-condiven-of the proparty_starcture_and/or-grounds-causes-on-adverse
Inpact-da-nelghberiag-propert! diot-hastedtothe- concealer oH 8-1
the propertyrandior
1—-Untleensed/ineperable-vehlcta(e} which violate existing town zoning reguiallons,
mg. Dumosters. placed’ oa givate property when viewed from any publo way for lhe
puipase of disposal of any solld of Itquid waste for a period of more than slxly-alagiy
days from the date of the dumpsters defivery and which has not been placed in
‘association ‘with a sile plan approved In accordance with the Waterford Zoning
Regulators of constniciion project with an active building parmit
duak as this term is defined in Section 3,26 of the Zoal 5.
A —_Rubblsh-broken. glass;tash;(eluse; dabds, stumps, feels, or boote-ond machinenHn
astateofdisrepalHhatcennot-bo-usedtorlis-orginal purposar
. Debris: Material which Is incapable of immediately performing tha {unction for witch R was¢
designed Including, but dot Enilted to: abandoned, discarded or unused objects; Junk
compised of equipment auch as ‘automobliss, boals, and recreation vehicles which ero
unregistered end missing paits, not complete in appearance end in an obvious state of
dissapal, pars of automobiles, furnkure, ppllances, cans, boxes, scp metal, Ures,
ballesss, contalnsis, end gerbage which is in ihe publio view,
3.9. Decay: A wasting of wearing away; & gradual dectine In strength, soundness or quailty; tor
become decomposed or rallen, excapta contained compost pila. _
4, 4. Machenical equiamient: Any appafalus designed to operate by an intemal combustion
engine, or designed to be lowed by any appatalus pfopalied by an intemat combustion
~ engine; to also Include clechio andl pneumatlo equipment.
Nelural Geld stele: Areas where grass, weeds, and brush exist In thelr naturel, un-
landscaped state.
8.8. Naturally wooded stale: Aseas whaie trees, brush and plants exist in thelr prafural, va-
landscaped stale.
ZL. Person: Any man, woman, corporation, or other legal entity capabie of ovealag reat propery.
8,¥. Promises: A platted fat or part thereof or unrplatted lot or parcel or lend oc glol of land, either
ccoupled or undocupled by any dwatllng or non-dwaling slaxture and indudas such
bultcing, accessory structure or other structure Inerosn, or any part thereof, The tems
*pranilses," where the cottext requires, shall be deemed fo Include any butdings, dvelllng,-
parcels of land or sinkturas: contained within the scope of this chapter,
94. Puble view: Visible fem any: publ Ie right-ofway or nelghboring property, atgrade tevel.
410.1, Structure: Any building, dwelling, fone, gytauming pool, or simttary constructed-object.
Ny
°
F
{102029440.00¢; v.}
sees (Formatted: Indeat: Left. 0.5% Rangiag: 0.4” ~)
sees (Formatted: indent teft. 0.5%, Hanging: 0.38" }
Formatted: indent Left: 0.44", Hanging: 0.44",

814. Cllalien-heodag- officer Blinh{ Provention Anpaals Board: A persere Goad appolated by tiet-~ { Formatted: fndent:Left: 0.3%, Hanging: 0.58"
first-selectmar fe Seleclmenas-an-offiest to serve vith lhe sane authority as a *
tation heading officer, as dined fn, and pursuant fo 6.3.5, § 7>1626,4o-serve-es tho
elalen-hearing- beard. Such oticer-board membais shall not be aniadividuais who tssues
dlattons and shall not othentise be ea-employecs ‘of the town, The btighteltatlen hearing
offices-board menibars shall serve for a term of two years, unless othenvise removed for
cause by thofretecleetman Board of Selectman.
G12, Ollapidaled: Any building or structure or part thereof which is deemed gn unlnhabilable ort ------ ted: indent: Left 0.3¢, Hanging: 0.51"
unsafe stricture 8s defined in the Comecticut State Bullding Gode, of any avelling of unk {rooms ed: Indentcbef aging
viieh {s datamingd to be unfit for human habltaton as defined by tha Connectiout Health
is
B43. BXght enforcement officer: A person & persons authorized by tho first selectmen to (ake
such enforcement acilons en to issue cations aro 3s spected In this chapter, who shall
not be tha blight citation hearing officer,
G44, Registrant Any parson wh has commenced on adion to foreclose a micrtgaga ont-+-~ Formatted: Ingents Left 0.3", Haaglag: 0.53”
tesidential property and has registered such property with tho town clerk. { seme aa af Hanglag: 05:
R15. Naturellzed ereas: Coaliguaus areas af yegelation that come from natural regeneration
andior intentional plantings vilh native plant material, These ofeas 80 en approach to
fandscaping as a means of promoting Ddio-diveisity, reduting walet use, end reductag
malntenence cosis.
618. Towa: Tho Torn of Waterford.
{ Formatted: Indent: Left: 0.3%, Hanging: 0.51"
UU
HAZ. Tova offielel; Tha officer or officers, who asa authorized by thls chapler to exercise the!
powers prescibed hereln, Including tha first seleclman, dicector of public works, fre
marshal, fre services adiiinisvator of designated agents, and any poles officer af the towa,
{Formatted: Font itefc
48,___.Copadle lacividvol stall mean a parson, 18. years of, older, who con be (easonshly oxoacled | _..-+
yonerorm maintenance and yaid work around 2 oronedy oC emses, .
3, ‘The fre matshal hac determined-thate-building or stascluraie-efie-hazaid,
fAmend oF H48-78)
45.26.00 - Problbiven of Bilabled Premises... sesaesseanaecegeanee Formatted: Font: (Oefautt) Artal 10 pt
ed In the Town of Waterford shalt ail fe, maintain of
lo owner Of reat
be created or maintained, 2 blghled premises, as gofined In 16-28-020.
45.26,038040 ~ Exeraptions.
‘The follovdng properties endfor partons of propaitles shall be exempt front this chapter,
A. Lend dedicated as public open space or patks; :
B. Vegotalon preserved in ifs naturel stele Unovgh gonservation easements o conservation
testddtions; .
©. Maintained gardens, lower beds, andior xedscape landscaping os patt of landscape deslan,
or naturalized areas 28 dafined in Subsection 15.26.020.F narain, providad they do not cover oF
block means of egress of access to any building, or blook-taletere- vith orothentise obstasct
{lozo2sddo.n0c;v}-

enp-sightine; read sign, er einergency access to-or-atthe proparty-or promote rodent hrarborage
andlor infestallon;
D. Any building or structure undergoing temodeling belng diligently conducted pursuant to an
active building parmit, provided lhat said exomplon Is applicable only during such remodeling
PeMtod; .
E, Any blighted premises for which a land use application Js pending for a pariod of ninety days
from the date of submission of the spptication to the town.
(Amend, of 4-18-17(2))
15.26.046050 - Special consideration.
Special consideration may be given to ladividuals who ere disabled, eldeny, of low Ioonte in the
tovm's effort to correct housing blight. If an {ndividual home owner cannot mainteln 9 reasonable love] of
upkeep of ovmer-occuplad residence because the Individual Is disabled, elderty, or ow Income, and no
capable Individual residas in the residence, the town may give sald individual home ovner a reasonekte
antount of Sate fo correct the problem, Uie duration of which shail be tn the discretion of the bight
enforcement officer, if needed, assistance In finding eclutions wil be offered by the town,
A-—Capable-individual-shalt f-a—person wh n-be-reasoneably—expectadt
malntenenes-ond-yard-worl-areund-o-property-of-premises.-This-eha' include -ehilsran-above
shileen years-of.age, without physteoler- mantel disablityas defined hareln:
BA _ Disabled individual shill mean, in tha case of an owner occupled residence, an Individual who
has a disability meating the dafnitlons for the mental or physical disabiity meating “thé
dafinitons for mental of physical disablity as defined under the Americans with Disabilittes Act
of 1990, end_deos—net-havo—a-heuschold- member-eapable-of -providing the—necassary
nalenaacer
6B. Elderly Individual sha! mean an Individual over the age of shty-five-whe-dees-net-have-o
household member.capable ot prodding necessary property meintanansa,
BG. Low facome fadividual shall mean, in tho caso of an over oocupted residence, an Individual,
or whero more than one petson redides In Ure prentises, a familly unit, that has an Income below
the highest lavel of *quallfying Jncome* established by G.G.S. § 12-470d(a}{3).
(Amend, of 4-18-1702)
4526,050-Creatlonormalatenance-ofe blighted property prohibited
No ownor-agent;lenantandler person tosgensibve forthe care; matnlenance; endlercendition of
real-property shall couse-or ollow-eny Lighted property, ae defined in Section 48.26.0206, 10 be created,
spatatalned oreontaved:
(Amend, of 4-18-t7(2))
45,26,060 - Recelptofcomplalats ond notise-otylolitiony Admilatsiration and enforcament,
il-onforeament-effeer—shall taveataate-onp-wilten,-sigced-complalitend-detenmiaa
whelhorasiotallon- ofthis chapter oxists,,
8,—_Tho-blght enforcement officer shall glvenditednation at-aviolation ofthis ehaptertothe-owner-and
cecupantol- ond may give yaitien nolice to thelr egent(s)-and/or-any-other person res; sible-forthe
blighted. premises. The-notice-chall-be-hend-delivered-or-mellad-by-both-eartiicd- nal-retumHecelat
requested. ond-fret-class- mail te the-address-of he owner ca flesni