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

Chapter 15.26 - BLIGHTED PREMISES
Revised 8-17-20
15.26.010 - Purpose.
¥ inthe: folerford my Avni ists in-blighted- condit shut
A op ars 4 propery a blight
a-centinuing nuisance_is detrimentalto-the fealth-safety-and-generalwelfare ofthe communityand
nhs va
$f ported, the Huth 4; ood: tp
adversely affects_property_values; tribuling d-Reg
sig) y
affecting the economicavell-heing-of-the-town-and-its-residents._The abatement and/or elimination of
ed 3t
the-decline-obnel
blighted: isas-is-nes: i te-publi ith_s:
ighted-p essary to-protect_p andp public-health,safety
1 ty iby Accordingly the-ordi edified-in-this-chapteris-adepted-p +
6-G-S-S§7-448(e) FH) G09, F-44809 (0) and 741826.
The purpose of this ordinance is to protect, preserve and promote 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(¢}(7)(H){xv),_7-1480(b)
and 7-152(c).
B. Public nuisance. It is hereby dectared a public nuisance for any person owning, teasing, 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 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))
15.26.020 - Definitions and Establishment of Blighted Conditions.
A. Definitions
‘cA, Blighted premises: Any house, building or structure or land in which at feast one the following
conditions exists. A blighted premises is presumed to be a public nuisance:
41.1 It has 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.
24.2 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
of unsanitary conditions or a nuisance to the general public as evidenced by one or more
of the following conditions:
a. Missing, broken, or boarded-up windows or doors;
b. Collapsing or missing exterior features including but not limited to, walls, roofs, stairs,
porches, railings, decks, hatches, chimneys or floors;
iructurally faulty foundation;
de. Unrepaired fire or water damage;
e.--Lacks facilities necessary-for habitation;
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oo (Formatted: Space After. 0 pt, Line spacing: single —_)
(Formatted: Font: 10 pt
vere (Formatted: Indent: Left: 0.6", Hanging: 0.4"
J

fd. Vacant structure(s} open and not secured against entry;
g-—Redent harberage-and/or-infestation;
Ae—~Parkinglotst ss-of ten_parking sp i tate-of disrepairor abandonment,
evidenced forexermpleby-cracks; potholes overgrewin_of_vegetation-within-the
dace, pavement, dar_orwithi i dbutters:
ie. Shrubs, hedges, grass, plants, weeds or any other vegetation that has been left to
grow in an unkempt manner that is covering or blocking means of egress or access to
any building or that are blocking, interfering with or otherwise obstructing any
sightline, road sign, or emergency access to or at the property >when-viewedfrom-any
propertyting;
jf. Whether any building or dwelting 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;
ke Fr He ditie ft ? porty_strusture-and/orground causes 3
impact ghboring_propert dier-has_led_te_the-eancellation-_of 4
the-preperty-andior
t—Yali dfinoperable vehicle(s) which viclate-existing ewan zoning regulations.
mg. 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 sixty-ninety
days from the date of the dumpsters 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
t.__Junk as this term is defined in Section 3.26 of the Zoning Requlations,
A Rubbish, broken glass rash_tefuse, debris stumps,reots, or beals-and machinery
a-state-ef disrepaicthat Ho: cHorits-original-purpose:
=
2.¢. Debris: Material which is incapable of immediately performing the function for which it was+--—-— { Formatted: Indent: Left: 0.5", Hanging: 0.4”
designed including, but not limited to: abandoned, discarded or unused objects; junk 7
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.
3.p. Decay: A wasting or wearing away; a gradual decline in strength, soundness or quality; tor------{ Formatted: Indent: Left: 0.5", Hanging: 0.38
_)
become decomposed or rotten, except a contained compost pile.
4. 4. 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.
5. 5. Natural field state: Areas where grass, weeds, and brush exist in their natural, un-
landscaped state.
6s. Naturally wooded state: Areas where tees, brush and plants exist in their natural, un-
landscaped state.
7.t. Person: Any man, woman, corporation, or other legal entity capable of owning real property.
8, u, 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.
9.¥. Public view: Visible from any public right-of-way or neighboring property, at grade level.
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10... Structure: Any building, dwelling, fence, swimming pool, or similarly constructed object. * -f{ Formatted: indent: Left: 0.44", Hanging: 0.44"
Bit. Citation hearing officer Blight Prevention Appeals Board: A persen-_Board appointed by the+-- ~~ { Formatted: Indent: Left: 0.3", Hanging: 0.58”
first-selectman-Board of Selecimenas-an-officer_to serve with the same authority as_a
citation hearing officer, as defined in, and pursuant to C.G.S. § 7-152c,te-serve-as-_the
eitation hearing-beard. Such officer-board members shall not be an-individuals who issues
citations and shall not othenvise be an-employees 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-first-selectman Board of Selectman.
42, Dilapidated: Any building or structure or part thereof which is deemed an uninhabitable or+—----- (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 the Connecticut Health
Code.
D413. Blight enforcement officer A person of persons authorized by the first selectman to take
such enforcément actions and to issue citations are as specified in this chapter, who shail
not be the blight citation hearing officer.
£.14. Registrant’ Any person who has commenced an action to foreclose a morgage ons------ (Formatted: Indent: Left. 0.3", Hanging: 0.51"
tesidential property and has registered such property with the town clerk.
£415. 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.
G16. Town: The Town of Waterford.
H17, Town official: The officer or officers, who are authorized by this chapter to exercise the+--—--- { Formatted: Indent: Left: 0.3", Hanging: 0.51"
powers prescribed herein, including the first seleciman, director of public works, fire
marshall, fire services administrator or designated agents, and any police officer of the town.
18. Capable individual shail mean a person, 18 years or older, who can be reasonably expected _--{ Formatted: Font: Italic
to perform maintenance and yard work around a properly or oremises,
3 Th fii hol fy date inad that a build g trietire ts fire de
15.26.030 - Prohibition of Blighted Premises. occ cece eee eee eee eeeeteeeeetaee _-- [Formatted: Font: (Default) Arial, 10 pt
No owner of real property located in the Town of Waterford shall allow, create, maintain or cause to
be created or maintained, a blighted premises, as defined in 15-26-020.
15,26,039040 - 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
{102029440.D0¢; v.}

block means of egress or access to any building, orbiockaterferewvith or othemisecbstruct
y sightine, read-sign, gency ithe property or promote rodent harborage
andlor 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
period;
E. Any blighted premises for which a land use appfication 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))
15.26.849050 - Special consideration.
Special consideration may be’ given to individuals who are disabled, elderly, or low income in the
town's effort to correct housing blight. If an individual home owner cannot maintain a reasonable level of
upkeep of owner-occupied residence because the individual is disabled, elderly, or low income, and no
capable individual resides in the residence, the town may give said individual home owner a reasonable
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-——Gepabie-. ~individual--shall- ~mean_a_persen—who-ean_be reasonably expected to" parform
int d-yard d-a-property-or premises._This-shall include-children-above
chteenyoareof age -nitheul phy ical or mental disability as-defined herein-
BA. Disabjed individual shall mean, in the case of an owner occupied residence, an individual who
has a disability meeting the definitions for the mental or physical disability meeting the
definitions for mental or physical disability as defined under the Americans with Disabilities Act
of 1990, aad—d held_member—capable- of-providing-the-necessary
maintenance:
CB. Elderly individual shall mean an individual over the age of sixty-five whe-dees_net_ havea
household member-capable.of providing necessary property maintenance,
DG. Low income individual shall mean, in the case af an owner occupied residence, an individual,
or where more than one person resides in the premises, a family unit, that has an Income below
the highest level of "qualifying income" established by C.G.S. § 12-170d(a)(3).
(Amend. of 4-18-17(2))
415.26.050..c) ti, int fa blchtad FB, hibited.
TEN 5} PROPOR Pp a
No-owner-agent, tenantend/or- persen responsible forthe-care_maint ands siti if
real property, shall caus ow any blighted propertyas-defined i tion-45.26,020_t0-6: ted.
maintained-orcontiaued:
(Amend. of 4-18-17(2))
15.26.060 - Receipt ofcomplaints and notice ofvislation- Administration and enforcement.
7 Th. blight f meat ffic f—shall jay tig + SRL te, —Sigt ra ph iat det, i
whath: iolati f thi. hapt ist:
9) a
B-—The- blight enforcement officer shalt giv writ tice-of a violation oLthis-chapterte th id
“pant et tice to thal ete 3; hfe H ible forth.
Fit crac te ets chalt be heed deli nod cr malted by, both cornified mat return rei
{!02029440.D0C; v.}

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yiglation- has-been -found and the-address-of the-real-property:
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BUF
te-a property within thidy-day
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.
8. if atter completing an investigation, the Blight Prevention Officer determines that a violation of this
chapter exists on certain real property, he/she may issue a warning of violation via certified
Tnait. Such waring of violation shall inform the owners that a violation has been identified and
that the owners have up to ten(10) days to contact the Blight Prevention Officer and establish a
voluntary blight abatement plan. This plan shall specify the nature of the violation, the means by
which the violation will be abated, and the date certain by which the abatement will be
completed. The blight abatement pian shall be signed by both the property owner and Blight
re
Formatted: Left, Indent: Left: 0°, First line: 0°, Space
After, 0 pt
Prevention Officer.
CB. If after completing an investigation, the Blight Prevention Officer determines that a violation of this
chapter exists on certain real property, and/or that a voluntary blight abatement plan_has not been
successfully and completely implemented, he/she shall issue a notice of violation by leaving-a-copy
f_such-reth fiolati Ath th 4s} of th: n roe which th lati ist by
Hing! '- th ti fF viekat to-the-blighted-p: “certified mail ~The Blight- Prevention- Officer
shail also-send py-of he notice of violation by cerified mail return receipt requested, to the last
known address of the owner(s).
D&. The notice of violation shall inform the owner(s) af the real property on which the violation exists of
the following:
ca) The address of the real property an which the violation exists,
(2) The allegations against the property owner(s), including the conditions existing on the
real property which evidence the violation;
8) 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/ner discretion:
{]02029440.DOC; v.}
_.--77{ Formatted: Font: (Default) Calibri }

(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 10 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 shail be entered against the pro} owner(s);
@ That the judgment may issue without further notice.
EB. As permitted by the hearing procedure far 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 reqular 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 tvo years and shall take office
on the first business day in January following 3 general Town election, The powers, duties, and
responsibilities of the Blight Prevention Appeals Board shall be those set forth for citation hearing
officers in Connecticut General Statutes §7-152c and this chapter.
FE. If 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 fonger
period as pemitted by the Blight Prevention Officer, the property owner(s)’ of the real property on
which the violation exists shall be deemed to have admitted 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 §15.26.070 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.
GE._if the property owner(s) who has/have been issued a notice of violation request(s) a hearing within
40 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 detemines that the
property owner(s) is/are not liable, the Board shall dismiss the matter and enter its determination in
witing, If the Board determines that the property owner(s) isvare liable for the violation, it shail
forthwith enter and assess the fines, penalties, costs, or fees against such person as 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.
HG. Prior to issuing a citation or assessing fines under this chapter, the Blight Prevention eais Board
may give special consideration to property owner(s) who are disabled, elderly, or low income, per
15.2.050, 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 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 violation where a hearing is
not requested. In order to exercise its discretion, the Board shall require either testimony or a writen
affidavit from each affected property owner (if they are truly unable to appear in person before the
Board for a hearing) attesting that no person resides at the real property who can perform the
necessary maintenance, yard work, etc., to 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.
(Amend-of 448-H@)
15.26.070 Penal: for-violation Violations and penalties,
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A Wiolations(s) of the provisions of this chapter shall be punishable by a civil penalty of itty dollars
fine aot $400.00-500er day for each day a violation continues to exist. Rech-day-afler-due notice othe
is ‘ed-shall tit parate-off The date the citation was issued by the
aight Pavention Appeals Board shail be the commencement date for said fine.
fAanerid-of 4-18 HR)
15.26.080 - Right to appeal.
A property owner against whom a citation or assessment has been entered under this chapter may
appeal the decision of the Blight Prevention Appeats Board as provided in 7-152c of the Connecticut
General Statutes.
15,26,080—Enforcement-citation:
A+ citation-heari di tto-C-G. 4152¢ is _hereby_ established forth f
> z “GS ¥ pure
SF oi
thi ction _Thetirst select hall appsint a citation heasng-officer-for-the town_in accordance
vith Subsection 15.26.0208 of this chapter
8.—_F-vielati insuAab: ted after the-time allowed for abatement contained in the nolice of
solati ef pet ect 45 S080 bh: Ciara at i de thea bli. ght 7 it off va
issue-a-eitation to any~ ‘ovret, age onant-or peteon-oFeniyin-cane ofthe propertyor te
iotati i ith-thi tion Hh itati hall-stateth date-by which re fasted
eee etines poral costs or Rally a
C—AnyA {5} Hiby ued-a citalion pursuant to-this-section shall-bo entitled te-a hearing ta
contest the citation. pursuant! tothe provisions of G.G-S_-§ 7 452e{e).
B— Atari ithin-byel the-from-th pirati He final pevied for the uncontested payment
Fi Sti t5-oF-fi {by a-citation + “p-shail-sead
tice to the ex fs} tity cited to infoantnem:
4-0 the-allegalions-against-the-pe: pe) Hi tLoffines_penalies, t
fees-due;
2.-Thatthe- person(s)-oF entity may-con testiability bet itation hearing officer by delivering ii
pe i? rat f the date the duly daly Tal tice:
¥ by iY Y 7
3-—_Thatif-the-_persen(s}-o entity-d tdemand-such-a-hearing, Aatand judgment
shalt i? ve! G Hast th: pi ( ties a
4.—Thatsuchjudgment- may issue-without-further notice:
For-purpeses. of: this Section 16.28-080, netics shall be presum ed to-have-been properly sent ifsuch
notice was moiled-te such pe Jentibys-lastk fle-vwiththet tor tH
persenlentibytowh igsued i gistraatthe-tow y-deliverthe notice dh
oe eee aa nowdee rain! thie section shall-preciude the town from providiag nel
another manner-permitted-by applicable law:
a Le ERAT OSL URNA MUONS wishes_to-admitiability_the
Jantity ithout the full wntofthe-fi Hi be
fT y if A a
fees admitted to in person or by-mail to a designated towr- official:
F----Any-person-who-dees-net deliver ormailwaiterd -fora-hearinguwithin ten days-eHthe-date-of
the-first-netice-provided-by in-Subsection-B-of thi: i hall-bed ad-to-h: dmnittedtiability
d-the-designatedt fficial-shall certify h_person/entity’s_failureto respond tothe hearing
Fi ~~ FRE-R af ry iit hol} thy BO 7 d the fi: Pe Hi 7 t f¢
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provided_for_by_this_section- and. shall-follovs-the_procedures_for_obtaining_a_judgment_ trem the
Superior Court setfadh in C.G.S-§ 7-1826(6.
G.-— A person/entitywho-makes- timely request hearing-shallbe-gi ith i Hhe-date;
ti dp} f the -hearing—The-hearing shall be_held_at atime _and-conducted-in-the-manner
provided by-C.G-S-§-7-482¢ef{e}.
4.—_The_hearing_officer_shall_apnounce_the_decision_at-the-end-of-the-hearing Hthe_officer
determines that the-person/entity-is-notliable the matter shall be dismissed and the offi hall
terthat determination iaswiting dingly_Htthe officer determines-that-the-perser/entihyis
fs id ss_the ines, penalties_costs,-oF
liable-forthe-vielation the off hall forthwith.
fees-against such persen-as-provided by this section,
2—Ifthe-hearing-offi + t-paid. the date-ofit: tey_sfhe-shall-send-by-first
class-mail-a_netice_ef the_assessment-to-the-person-feundtiable-and_shalHile_neHessthan
thirky-day thantvet HAs aft 4_mailing, sified copy_of-the-notice-of
assessment-and-a fey te ith_the-clercot perio Court facility ¢: ignated_bythe chief
3--—-The-persen/entity-againstawh trash: tered _by_thehearing—officer
# ttothi: HOR: Hitled judicial review-by—way-of-appeal_pursuantiethe
provisions-of G.G-S-§ 7 452efg).
GAmend-of 418-172)
45.26.0980 - 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 15.26.060 herein, after the issuance of
an enforcement citation 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 thraugh 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 towm attorney may bring an action to recover all such costs and expenses incurred, including
reasonable attorney's fees.
B. In the event that the blight enforcement officer prevails in such legal proceedings, the violator shali
be table for all costs of bringing the property into compliance, ard 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 tor 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.
(Amend-of HS-7Q)
45.26 140 Schedule of a
AG pay a
{102029440.D0C; v.}

A-—the blight enforcement off the-citation-hearing off y-establish hedule-of payments
itn the i pcaperty in-vielation ef this chapt blectie-the following canditions:
4+-—A-weitten: abatement: -plan-signed-by-| the-property ‘onvner te abate the vielatien by a-dale cenainis
peroved and signed by the blight-eak jtation-hearing officer;
2 The abat plan hall establish th wAtand date(s) pay: tof penalties shall be made:
B.—_The-blight- enfereement-off itation-heariag_offi Stu th saof daily violation
feas-deseribed tion 45.26.070-of this-chapter-during the abat Le ided-thatthe
propedy owner meetstemns- ofthe approved. Bae at eer clate ok a crows ounar to racet
theterms—efthe_appreved_abatement- pian-shall-result-in— -the-nullifeation-of the plan“and_the
retroacti sal-of penalties from the-day after due poli uantt tion 15-26.070-of-this
chapter. a
Fhe-ordinance-cedified inthis-chapter-shall take effectfiftees days afterfinal approval bythe
representative towameating. . .
{!02029440.D0C; v.}

Chapter 15.26 - BLIGHTED PREMISES
15.26.010 - Purpose.
A.
The presence in the Town of Waterford of real property which exists in blighted condition constitutes
a continuing nuisance, is detrimental to the health, safety and general welfare of the community, and
adversely affects property values, thus contributing to the decline of neighborhoods and negatively
affecting the economic well-being of the town and its residents. The abatement and/or elimination of
blighted premises is necessary to protect, preserve, and promote public health, safety and general
welfare of the community. Accordingly, the ordinance codified in this chapter is adopted pursuant to
C.G.S. §§7-148(c)(7)(H)(xv), 7-1480(b) and 7-152c.
Public nuisance. \t 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))
15.26.020 - Definitions.
For the purpose of this chapter, the following terms and phrases shall have the meanings set forth in
this section, unless a different meaning is clearly indicated by the context:
A. Blighted premises: Any house, building or structure or land in which at least one the following
conditions exists. A blighted premises is presumed to be a public nuisance:
1. It has been determined by the town's blight enforcement officer that a condition exists that
poses a serious or immediate threat to the health, safety or general welfare of the
community.
2. The property is in a state of 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. Missing, broken, or boarded-up windows or doors;
b. Collapsing or missing exterior features including but not limited to, walls, roofs, stairs,
porches, railings, hatches, chimneys or floors;
c. Structuraily faulty foundation;
d. Unrepaired fire or water damage;
e. Lacks facilities necessary for habitation;
f. Vacant structure(s) open and not secured against entry;
g. Rodent harborage and/or infestation;
h. Parking lots in excess of ten parking spaces in a state of disrepair or abandonment,
evidenced, for example, by cracks, potholes, overgrowth of vegetation within the
surface, pavement, or macadam, or within medians and buffers;
Shrubs, hedges, grass, plants, weeds or any other vegetation that has been left to
grow in an unkempt manner that is covering or blocking means of egress or access to
any building or that are blocking, interfering with or otherwise obstructing any
sightline, road sign, or emergency access to or at the property, when viewed from any
property line;
{102029429.DOC; v.}

I.
m.
Vv.
Ww.
Whether any building or dwelling on the premises is occupied or nat, 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;
The overall condition of the property structure and/or grounds causes an adverse
impact on neighboring properties and/or has led to the cancellation of insurance on
the property; and/or
Unlicensed/inoperable vehicle(s) which violate existing town zoning regulations.
Dumpsters placed on private property for the purpose of disposal of any solid or liquid
waste for a period of more than sixty days from the date of the dumpster’s delivery
and which has not been placed in association with a site plan approved in accordance
with the Waterford Zoning Regulations or a construction project with an active building
permit.
Rubbish, broken glass, trash, refuse, debris, stumps, roots, or boats and machinery in
a state of disrepair that cannot be used for its original purpose.
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
quality; to become decomposed or rotten, 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, un-
landscaped state.
Naturally wooded state: Areas where trees, brush and piants exist in their natural, un-
landscaped state.
Person: Any man, woman, 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,
elther 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, a grade level.
Structure: Any building, dwelling, fence, swimming pool, or similarly constructed
object. ,
3. The fire marshal has determined that a building or structure is a fire hazard.
B. Citation hearing officer: A person appointed by the first selectman as an officer, as defined in,
and pursuant to C.G.S. § 7-152c, to serve as the citation hearing board. Such officer shall not
be an individual who issues citations and shall not otherwise be an employee of the town. The
blight citation hearing officer shall serve for a term of two years, unless otherwise removed for
cause by the first selectman.
{102029429.DOC; v.}

Dilapidated: Any building or structure or part thereof which is deemed an uninhabitable or
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 the Connecticut Health Code.
D. Blight enforcement officer: A person 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 citation hearing officer.
E. Registrant: Any person who has commenced an action to foreclose a mortgage on residential
property and has registered such property with the town clerk.
F. 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. -
G. Town: The Town of Waterford.
H. 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 marshall, fire
services administrator or designated agents, and any police officer of the town.
9
(Amend, of 4-18-17(2))
15.26.030 - Exemptions.
The following properties and/or portions of properties shall be exempt from this chapter:
A. 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 to any building or block, interfere with or otherwise obstruct
any sightline, road sign, or emergency access to or at the property or promote rodent harborage
and/or infestation;
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
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))
15.26.040 - Special consideration.
Special consideration may be given to individuals who are disabled, elderly, or low income in the
town's effort to correct housing blight. If an individual home owner cannot maintain a reasonable level of
upkeep of owner-occupied residence because the individual is disabled, elderly, or low income, and no
capable individual resides in the residence, the town may give said individual home owner a reasonable
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. Capable individual shall mean a person who can be reasonably expected to perform
maintenance and yard work around a property or premises. This shall include children above
sixteen years of age, without physical or mental disability as defined herein.
{!02029429.DOC; v.}

B. Disabled individual shall mean, in the case of an owner occupied residence, an individual who
has a disability meeting the definitions for the mental or physical disability meeting the
definitions for mental or physical disability as defined under the Americans with Disabilities Act
of 1990 and does not have a household member capable of providing the necessary
maintenance.
C. Elderly individual shall mean an individual over the age of sixty-five, who does not have a
household member capable of providing necessary property maintenance.
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. § 12-170d(a)(3).
(Amend. of 4-18-17(2))
15.26.050 - Creation or maintenance of a blighted property prohibited.
No owner, agent, tenant and/or person responsible for the care, maintenance, and/or condition of
real property, shall cause or allow any blighted property, as defined in Section 15.26.020, to be created,
maintained or continued.
(Amend. of 4-18-17(2))
15.26.060 - Receipt of complaints and notice of violation.
A.
The blight enforcement officer shall investigate any written, signed complaint and determine whether
a violation of this chapter exists.
The blight enforcement officer shall give written notice of a violation of this chapter to the owner and
occupant of and may give written notice to their agent(s), and/or any other person responsible for the
blighted premises. The notice shall be hand delivered or mailed by both certified mail, return receipt
requested and first class mail to the address of the owner on file with the Waterford Tax Collector, or
any of the persons identified in Section 15.26.040 herein to the last known address of the person to
whom it is directed, and a copy mailed by first class mail to any lienholder's current or last known
address pursuant to C.G.S. § 7-148gg. If the notice is mailed to only one of the responsible parties,
that shall in no way be, or be construed as, a release of any other party. If there is more than one
responsible party identified in the notice, the responsibility for complying with the notice shall be joint
and several.
Such notice shall state the violation and demand its abatement within a reasonable time to be
determined by the blight enforcement officer based on the nature and extent of the violation. If the
violation is not corrected within the time provided in the written notice, the blight enforcement officer
may issue an enforcement citation and/or take other enforcement action as specified herein.
If the owner, agent, occupant and/or person responsible for the blighted premises cannot be
ascertained or does not accept delivery of the written notice, the notice shall be published once in a
daily or weekly newspaper having a substantial circulation in the town and shall be posted on the
premises. The notice shall include the name of the last known owner of the real property upon which
violation has been found and the address of the real property.
Any person who is a new owner of a blighted property shall, upon request, be granted a thirty-date
extension of the notice and opportunity to remediate provided pursuant to Subsection 15.26.060.B.
For the purposes of this subsection, “new owner” shall mean any person or entity who has taken title
to a property within thirty days of the notice.
(Amend. of 4-18-17(2))
{!02029429.DOC; v.}

15.26.070 - Penalty for violation.
Violations of this chapter shall be punishable by a civil penalty of fifty dollars for each day a violation
continues. Each day after due notice of the violation has been served shail constitute a separate offense.
(Amend, of 4-18-17(2))
15.26.080 - Enforcement citation.
A. Acitation hearing procedure pursuant to C.G.S. § 7-152c is hereby established for the purposes of
this section. The first selectman shall appoint a citation hearing officer for the town in accordance
with Subsection 15.26.020.B of this chapter.
B. If a violation remains unabated after the time allowed for abatement contained in the notice of
violation issued per Section 15.26.060 hereinabove has expired, the blight enforcement officer may
issue a citation to any owner, agent, tenant, or person or entity in.control of the property for the
violation in accordance with this section. The citation shall state the date by which the uncontested
payment of fines, penalties, costs or fees shall be made.
C. Any person(s) or entity issued a citation pursuant to this section shall be entitled to a hearing to
contest the citation pursuant to the provisions of C.G.S. § 7-152c(e).
D. At any time within twelve months from the expiration of the final period for the uncontested payment
of fines, penalties, costs or fees set by a citation issued pursuant to this section, the town shall send
notice to the person(s) or entity cited to inform them:
1. Of the allegations against the person or persons and the amount of fines, penalties, costs or
fees due;
2. That the person(s) or entity may contest liability before a citation hearing officer by delivering in
person or by mail written notice within ten days of the date the duly delivered notice;
3. That if the person(s) or entity does not demand such a hearing, an assessment and judgment
shall be entered against the person(s) or entity; and
4. That such judgment may issue without further notice.
For purposes of this Section 15.26.080, notice shall be presumed to have been properly sent if such
notice was mailed to such person/entity's last known address on file with the tax collector. If the
person/entity to whom notice is issued is a registrant, the town may deliver the notice in accordance
with C.G.S. § 7-148ii, provided nothing in this section shall preclude the town from providing notice in
another manner permitted by applicable law.
E. If the person/entity to whom notice is sent pursuant to this section wishes to admit liability the
person/entity may, without requesting a hearing, pay the full amount of the fines, penalties, costs or
fees admitted to in person or by mail to a designated town official.
F. Any person who does not deliver or mail written demand for a hearing within ten days of the date of
the first notice provided by in Subsection B of this section shail be deemed to have admitted liability,
and the designated town official shall certify such person/entity's failure to respond to the hearing
officer. The hearing officer shall thereupon enter and assess the fine, penalties, costs or fees
provided for by this section and shail follow the procedures for obtaining a judgment from the
Superior Court set forth in C.G.S. § 7-152c(f).
G. A person/entity who makes a timely request for a hearing shall be given written notice of the date,
time and place of the hearing. The hearing shall be held at a time and conducted in the manner
provided by C.G.S. § 7-152c(e). .
1. The hearing officer shall announce the decision at the end of the hearing. If the officer
determines that the person/entity is not liable, the matter shall be dismissed and the officer shall
{1!02029429.DOC; v.}

enter that determination in writing accordingly. If the officer determines that the person/entity is
liable for the violation, the officer shall forthwith enter and assess the fines, penalties, costs, or
fees against such person as provided by this section.
2. If the hearing officer's assessment is not paid on the date of its entry, s/he shall send by first
class mail a notice of the assessment to the person found liable and shall file, not less than
thirty days nor more than twelve months after such mailing, a certified copy of the notice of
assessment and an entry fee with the clerk of a Superior Court facility designated by the chief
court administrafor.
3. The person/entity against whom an assessment has been entered by the hearing officer
pursuant to this section is entitled to a judicial review by way of appeal pursuant to the
provisions of C.G.S. § 7-152c(q).
(Amend. of 4-18-17(2))
15.26.090 - Municipal enforcement and abatement.
A. In addition to any penalties as permitted by statute, and the citation and hearing provisions of this
section, in the event any owner, agent, tenant, or person in control of real property fails to abate or
correct any violation specified in a notice, pursuant to Section 15.26.060 herein, after the issuance of
an enforcement citation for such failure, once the citation has become final through the 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 ail such costs and expenses incurred, including
reasonable attorney's fees.
B. In the event that the blight enforcement officer prevails in such legal proceedings, the violator shall
be liable for all costs of bringing the property into compliance, and shall further be liable for all legal
costs incurred by the town in doing so, including its reasonable attorney's fees.
(Amend. of 4-18-17(2))
15.26.100 - Recording of lien.
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.
(Amend. of 4-18-17(2))
15.26.110 - Schedule of payments.
A. The blight enforcement officer or the citation hearing officer may establish a schedule of payments
with the owner of property in violation of this chapter subject to the following conditions:
1. Avwtitten abaterient plan signed by the property owner to abate the violation by a date certain is
approved and signed by the blight enforcement officer or citation hearing officer;
2. The abatement plan shall establish the amount and date(s) payment of penalties shall be made.
B. The blight enforcement officer or citation hearing officer may suspend the accrual of daily violation
fees described in Section 15.26.070 of this chapter during the abatement period; provided that the
{102029429.D0C; v.}

property owner meets terms of the approved abatement plan. Failure of the property owner to meet
the terms of the approved abatement plan shall result in the nullification of the plan and the
retroactive accrual of penalties from the day after due notice pursuant to Section 15.26.070 of this
chapter.
(Amend. of 4-18-17(2))
15.26.120 - Effective date.
The ordinance codified in this chapter shall take effect fifteen days aafter final approval by the
representative town meeting.
(Amend. of 4-18-17(2))
{102029429.DOG; v.}