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

Chapter 15.26 - BLIGHTED PREMISES
15.26.010 - Purpose.
A. The purpose of this ordinance is to protect, preserve and promoted public health, safety and welfare;
to maintain and preserve the beauty of the Town's neighborhoods, preserve and protect property
values; and allow for the remediation of blighted premises.
This article is adopted in accordance with the provisions of C.G.S. §§7-148(c)(7)(H)(xv), 7-1480(b)
and 7-152(c).
B. Public nuisance. It is hereby declared a public nuisance for any person owning, leasing, occupying or
having charge or possession of any premises in the Town of Waterford to maintain such premises or
any public right-of-way abutting said premises in such manner that any of the following conditions
described below exist thereon, which shall be defined as blight.
(Amend. of 4-18-17(2))
15,26.020 — Definitions and Establishment of Blighted Conditions
A. Definitions
For the purpose of this chapter, the following terms and phrases shall have the meanings set forth in
this section, unless a different meaning is clearly indicated by the context:
4. Blighted premises: Any house, building or structure or land in which at least one of the
following conditions exists. A blighted premises is presumed to be a public nuisance:
4.1 Ithas been determined by the town's blight enforcement officer that a condition exists
that poses a serious or immediate threat to the health, safety or general welfare of
the community.
1.2. - The property is in a state of disrepair or is becoming dilapidated. "State of disrepair”
or “becoming dilapidated" shall mean in a physically deteriorating condition causing
unsafe or unsanitary conditions or a nuisance to the general public as evidenced by
one or more of the following conditions:
a.
b.
Missing, broken, or boarded-up windows or doors;
Collapsing or missing exterior features including but not limited to, walls, roofs,
stairs, porches, railings, decks, hatches, chimneys or floors;
Unrepaired fire or water damage;
Vacant structure(s) open and not secured against entry;
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;
Whether any building or dwelling on the premises is occupied or not, no grass
or weeds shall be permitted by any owner or occupant to reach a height greater
than two feet over twenty percent of the property when viewed from a public
street;
Dumpsters placed on private property when viewed from any public way for the
purpose of disposal of any solid or liquid waste for a period of more than ninety

40.
11.
12.
413.
14.
15.
16.
days from the date of the dumpster's delivery and which has not been placed in
association with a site plan approved in accordance with the Waterford Zoning
Regulations or a construction project with an active building permit.
h. Junk as this term is defined in Section 3.26 of the Zoning Regulations.
Debris: Material which is incapable of immediately performing the function for which it
was designed including, but not limited to: abandoned, discarded or unused objects;
junk comprised of equipment such as automobiles, boats, and recreation vehicles which
are unregistered and missing parts, not complete in appearance and in an obvious state
of disrepair, parts of automobiles, furniture, appliances, cans, boxes, scrap metal, tires,
batteries, containers, and garbage which is in the public view.
Decay: A wasting or wearing away; a gradual deciine 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 plants 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,
either occupied or unoccupied by any dwelling or non-dwelling structure and includes
such building, accessory structure or other structure thereon, or any part thereof. The
terms "premises," where the context requires, shall be deemed to include any buildings,
dwelling, parcels of land or structures contained within the scope of this chapter.
Public view: Visible from any public right-of-way or neighboring property, at grade level.
Structure: Any building, dwelling, fence, swimming pool, or similarly constructed.
Blight Prevention Appeals Board: A Board appointed by the Board of Selectmen to serve
with the same authority as a citation hearing officer, as defined in, and pursuant to
G.G.S. § 7-152c. Such board members shall not be individuals who issue citations and
shall not otherwise be an employees of the town. The board members shall serve for a
term of two years, unless otherwise removed for cause by the Board of Selectmen.
Dilapidated: Any building or structure or part thereof which is deemed an uninhabitable
or unsafe structure as defined in the Connecticut State Building 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 take
such enforcement actions and to issue citations are as specified in this chapter, who
shall not be the blight citation hearing officer.
Registrant: Any person who has commenced an action to foreclose a mortgage on
residential property and has registered such property with the town clerk.
Naturalized areas: Contiguous areas of vegetation that come from natural regeneration
and/or intentional plantings with native plant material. These areas are an approach to
landscaping as a means of promoting bio-diversity, reducing water use, and reducing
maintenance costs. ‘
Town: The Town of Waterford.

47. Town official: The officer or officers, who are authorized by this chapter to exercise the
powers prescribed herein, including the first selectman, director of public works, fire
marshal, fire services administrator or designated agents, and any police officer of the
town.
18. Capable individual shall mean a person, 18 year s or older, who can be reasonably
expected to perform maintenance and yard work around a property or premises.
15.26.030 - Prohibition of Blighted Premises.
No owner of real property located in the Town of Waterford shall allow, create, maintain or cause to
be created or maintained, a blighted premises, as defined in 15-26-020.
15.26.040 - Exemptions.
The following properties and/or portions of properties shall be exempt from this chapter:
A.
B.
c.
Land dedicated as public open space or parks;
Vegetation preserved in its natural state through conservation easements or conservation
restrictions,
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 promote rodent harborage and/or infestation;
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;
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))
415.26.050- Special consideration.
Special consideration may be given to individuals who are disabled, elderly, or low income in the
town’s effort to correct housing blight. 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.
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.
Elderly individual shall mean an individual over the age of sixty-five.
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))

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

Connecticut General Statutes §7-152c(e). As noted therein, the Blight Prevention Appeals Board shall
announce its decision at the end of its deliberations. If the Board determines that the property owner(s)
is/are not liable, the Board shall dismiss the matter and enter its determination in writing. If the Board
determines that the property owner(s) is/are liable for the violation, it shall 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.
Prior to issuing a citation or assessing fines under this chapter, the Blight Prevention Appeals Board
may give special consideration to property owner(s) who are disabled, elderly, or tow 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 written
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.
15.26.070 - Violations and penalties.
A violation(s) of the provisions of this chapter shall be punishable by a fine of $100.00 per day for each day
a violation continues to exist. The date the citation was issued by the Blight Prevention Appeals Board
shail be the commencement date for said fine.
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 Appeals Board as provided in 7-152c¢ of the Connecticut General
Statutes.
15.26.090 - Municipal enforcement and abatement.
A.
In addition to any penalties as permitted by statute, and the citation and hearing provisions of this
section, in the event any owner, agent, tenant, or person in control of real property fails to abate or
correct any violation specified in a notice, pursuant to Section 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 appeai
being sustained, the town, acting through its blight enforcement officer issuing such notice of violation,
may cause or take any action necessary pursuant to C.G.S. § 7-148(c)(7)(E) to abate the violation
upon twenty-four hours notice of its intent to do so. The cost to take such action shall be a civil claim
by the town against such owner, agent, tenant, or person responsible for the property, and the town
attorney may bring an action to recover all such costs and expenses incurred, including reasonable
attorney's fees.
In the event that the blight enforcement officer prevails in such legal proceedings, the violator shail be
liable for all costs of bringing the property into compliance, and shall further be liable for all legal costs
incurred by the town in doing so, including its reasonable attorney's fees.
(Amend, of 4-18-17(2))
15.26.100 - Recording of lien.

In addition to having a lien for abatement expenses, any unpaid fines or costs shall constitute a lien upon
the real estate in accordance with C.G.S. § 7-148aa. Each such lien shall be continued, recorded, and
released as provided for therein.

Chapter 15.26 - BLIGHTED PREMISES
15.26.010 - Purpose.
A. - Fhe-presence in the Tewn of Waterford_of real propery which exists i blighted conditien-censtitutes
a-centing: rt _is-dete alto the health, safety-and g Lwelk ths ity and
ig i
adversely_affects-propedy_values th tributingtethe-decline-of-neighborhoods-and negatively
ffecting th ic-walLbeing-ofthetos dit idents—The-abati tandforelimination of
blighted-premises is necessary_to protect, preserve-and promote-public health_safetyand_ general
wolfe fF th, mamunity-A ingly the-ordi odified_in-this-chapteris-adepted-pursuantt
C-G-S-§§7-48le) Hed 7-4 480(b)-and-74826- :
The purpose of this ordinance is to protect, preserve and promote public health, safety and welfare;+------ (Formatted: Indent: First line: 0°
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. §§7-448()(7 Hw), 7-1480tb)
and 7-152(c).
B. Public nuisance. It is hereby declared a public nuisance for any person owning, leasing, occupying
or having charge or possession of any premises in the Town of Waterford to maintain such premises
of any public right-of-way abutting said premises in such manner that any of the following conditions
described below exist thereon, which shail be defined as blight.
(Amend. of 4-18-17(2))
15,26.020 - Definitions and Establishment of Blighted Conditions:
Definitions - oo (Formatted: Space After, 0 pt, Line spacing: single
aa { Formatted: Font: 10 pt
A
‘For the purpose of this chapier, the followin
section, unless a different meaning is clearly indicated by the context:
A-1, 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:
44.4 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
conmunity.
2.1.2 The property is in a state of disrepair or is becoming dilapidated. "State of disrepair or
"becoming dilapidated" shall mean in a physically deteriorating condition causing unsafe
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;
¢-— Structurally fauly foundation;
dc. Unrepaired fire or water damage;
@—_Lacks-facililies necessary forhabitation;
fd. Vacant structure(s) open and not secured against entry;
g-—Redent harberage- and/or infestation;
‘Formatted: indent: Left. 0.6", Hanging: 0.4”
{!02029440,D0C; v.}

nm thal tation within th:
h-_Parking tots-in-excess-olten_parking spaces in-a-state-of disrepal_er_abandenment,
Hy fe u i st Ys if
i 7 Pre; —by _Gracns Pp 7 g g
surface pavement_or macadam,-or-within medians and buffers;
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 of that are blocking, interfering with or otherwise obstructing any
sightline, road sign, or emergency access to or at the property -when-view
propertyine;
jf Whether any building or dwelling on the premises is occupied or not, no grass or
weeds shall be permitted by any owner or occupant to reach a height greater than two
feet over twenty percent of the property when viewed from a public street;
k_The_overall_cendition_of the_property_structure—and/er_grounds~-causes—an-adverse
i ‘ ighbori i al
has tedtoth Hat fi
pac a Ig Prop
the-property;-andior
]-—-Unlicensed/ineperabl hicle(s}-which-vielat istingtow ing-reguiations.
amg. 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 dumpster's delivery and which has not been placed in
association with a site plan approved in accordance with the Waterford Zoning
Regulations or a construction project with an active building permit.
h.__Junk as this term is defined in Section 3.26 of the Zoning Regulations.
n-—Rubbish, breken-glass,trash; refuse; debris_-stumpsreats_or beats and hiner:
tate of disrepairthat tbe-used forits original pu ‘p
I
o
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
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. 9, 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 stale: Areas where trees, brush and plants 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 parce! 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, shail be deemed to include any buildings, dwelling,
parcels of land or structures contained within the scope of this chapter.
9.v, Public view: Visible from any public right-of-way or neighboring property, at grade level.
e
jor
®
ie SN
fem
40.w. Structure: Any buitding, dwelling, fence, swimming pool, or similarly constructed-ebject. Formatted: indent: Left: 0.44", Hanging: 0.44"
Fa
{!02029440.DOC; v.}

B41, Citation heading officer Blight Prevention Appeals Board: A person Board appointed by ther------ (Formatted: Indent Left 0.3", Hanging: 0.58”
first-seleciman-Board of Selectmenas-en-efficar_to serve with the same authority as a
citation hearing officer, as defined in, and pursuant to C.G.S. § 7~152c,to-serve-as-ihe
citation-hearing-board. Such officer-board members shall not be af-individuals who issues
citations and shall not otherwise be aa-employees of the town. The blight citatien hearing
efficer-board members shail serve for a term of two years, unless othenvise removed for
cause by the-firstseleetman Board of Selectman.
o
in
Ditapidated: Any building or structure or part thereof which is deemed an uninhabitable ore------{ Formatted: Indent: Left: 0.3", Hanging: 0.51"
unsafe structure as defined in the Connecticut State Building Code, or any dyelling of 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 take
such enforcement actions and to issue citations are as specified in this chapter, who shall
not be the blight citation hearing officer.
o
i
fm
ic
Registrant: Any person who has commenced an action to foreclose a mortgage ont—----{ Formatted: indent: Left; 0.37, Hanging: 0.51"
residential property and has registered such property with the town clerk.
Naturalized areas: Contiguous areas of vegetation that come from natural regeneration
and/or intentional plantings with native plant material. These areas are an approach to
tandscaping as a means of promoting bio-diversity, reducing water use, and reducing
maintenance costs.
Town: The Town of Waterford.
n
lm
co)
a
Town official: The officer or officers, who are authorized by this chapter to exercise the---
ac
Ls
. { Formatted: Indent: Left: 0.3", Hanging: 0.52"
powers prescribed herein, including the first setectman, director ef public works, fire
marshall, fire services administrator or designated agents, and any police officer of the town.
18. Capable individual shall, mean a person, 18 years or older, who can be reasonably expected of Formatted: Font: Italic
to perform maintenance and yard work around @ property or premises.
3._The fire marshal-has- determined thata building or staisture isa fire hazard,
(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.
15.26.030040 - 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 tandscaping 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, ot-block_ interfere with or othenvise_obstrict
{102029440.D0C; v.}

any-sightline-read-sign- er emergency access to or-at-the preperty 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))
15.26.049050 - 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- ble—individual—shalt wh be—rea bly_expected_to_perk
mantononce-on-Yrd oe Teun & prope of -premisesthis shallLinelude children above:
y f age_without physical tal disability. as-defined herein.
BA. 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—d fousehold-membei pable_of_previding_the-necessary
maintenance.
GB. Elderly individual shall mean an individual over the age of sixty-five-whe-dees net havea
household member-capable of previding y property maintenance.
BC. 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. § 12-470d(a}(3).
(Amend, of 4-18-17(2))
45-26.050—Creation- or maintenance-of a-blighted property prohibited.
No-owner_agent,-lenantand/or person responsible forthe care, maintenance, and/er-condition of
teal-properyshall-eause-crallow-any blighted prepeny_as defined in Section 15.26.020, 1o-be created,
paintained or continued.
(Amend, of 4-18-17(2))
15.26,060 - Receipt-of plaints end notice of violation, Administration and enforcement.
A The bight enforcement fficer_shall_investigate—anywrilten-signed-complaint_end_det
a-yiolati £ thi: hapt ists.
othe blehr enor rentot hall-g it tice of a violation-of- this-chapterte-t ‘
eccupant: Sea ereernnatlon neice to bor ‘agent{s)-and/er any other persen- responsible for: She
blighted premises-The nati hall_be-hand delivered iled-by-both-ceriified mail retu: pt
tad and first el mailto the-address-of the ov file vith the Wat ford Tae Heek
S
{102029440.D0C; v.}

any-of the persons identified in Section 15.26, 040. herein-to-the last known-address-ofthe persorio
iled_-by-first-el i \ienholder's-current Hast-known
adress pursuant 0.6.8, 5 ve 448g9-IFthe notice i iledto-oaly Et ip ei
that shallin- trued_as,atelease-of- any. voter: party Et anal eaianaaiien
re ie cein tortion ther tice th pansibility plyiegawith the netics shall-be jolat
and several.
C.—_Such notice-shail-state-the-vielati -_demand iis_abatement with ble-time to
eetermined by the bight enforcement -officer-based-onthe-nat <-extentoHhe-vielatea FHA
i i cracted yithin the time provided 4 the wllen notice, the blight enforcement officer
roe lecue anenforcement citation and/ortake eth fe tt pecified herei
D.----f-the-owner_ageat, pantandierp: ‘ ibtefor_the_blighted_premises_cannot_be
aseertained-or dees-not.aceapt-d Jivery-obthe with tice th tice-shallbe-published i
daily-orweekly newspeperhaving-a-substantial-cireulation in-the-town-end- shall-be-posted-on the
premises.the notice-shall include-the-na Fthetast kre vi f th | property-uperwhich
viglation has-been found and the address of the +eal-property:
E.-- Any- Perso ho a nO ie ae ae ea tere a geo cnoton 45200008.
extension_of the _ notice and opportunily-to-remediak p n Hon416.26.060.8.
For the purposes of this subsection “new owner shall: mean any. person-or entity-who- has-takentitle
loa property within thiny days of-the-nolice.
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_hisfher legal name, the Blight
Prevention Officer shall initiate an investigation. .
B.__If after completing an investigation, the Blight Prevention Officer determines that a violation of this
chapter exists on certain real property, he/she shall issue a notice of violation by leaving a copy of
such notice of violation with the owner(s) of the real property on which the violation exists or by
affixing the notice of violation to the blighted premises. The Blight Prevention Officer shalt also send
a copy of the notice of violation by certified mail, retumn receipt requested, to the last known address
of the owner(s).
C.__The notice of violation shall inform the owner(s) of the real property on which the violation exists of
the followina:
(9) The address of the real property on which the violation exists.
(2) The allegations against the property owner(s), including the conditions existing on the
teal property which evidence the violation;
Q) 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 viclation(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 hisher discretion;
(5) That the property owner(s) may contest liability before the Blight Prevention Appeals
Board by delivering in_person or by mail written notice of such request to the Blight
Prevention Officer within 10 calendar days of the notice of violation;
{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 property owner(s).
>
ta) That the judgment may issue without further notice.
As permitted by the hearing procedure for citations set forth in Connecticut General Statutes §7-
152c, which the Town of Waterford specifically adopts herein, the First Selectman shall appoint, with
ihe 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
{102029440.D0C; v.}

sefve_as_an alternate member of the Board, No appointed member shall _be a police officer,
employee of the Town of Waterford, or a person who issues citations. All members of the Blight
Prevention Appeals Board shall be appointed for terms not to exceed two years and shall fake office
on the first business day in January following a general Town election. The powers, duties, and
responsibilities of the Blight Prevention Appeals Board shall be those set forth for citation hearing
officers in Connecticut General Statutes §7-152c and this chapter.
E.__If 4) no hearing has been requested within 10 calendar days of the notice of violation and 2) the
violation has not been remedied within 30 calendar days of the notice of violation or such longer
period as permilted by the Blight Prevention Officer, the property owner(s)‘ of the real property on
which the violation exists shall be deemed to have admilted liability and the Blight Prevention Officer
shalt certify such property owner(s) failure to respond to the notice of violation to the Blight
Prevention Aopeals Board. The Board shail 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.
F.__If the property owner(s) who hasfhave been issued a notice of violation request(s) a hearing within
410 calendar days of the notice of violation in the manner required above, a hearing will be scheduled
and conducted before the Blight Prevention Appeals Board in accordance with the requirements
contained Connecticut General Statutes §7-152c(e). As noted therein, the Blight Prevention Appeals
Board shall announce its decision at the end of its deliberations. If the Board determines thai the
property ovmer(s) is/are not liable, the Board shail dismiss the matter and enter its determination in
writing. If the Board determines that the property owner(s) is/are liable for the violation. it shall
forthwith enter and assess the fines, penalties, costs, of 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.
G.__ Prior to issuing a citation or assessing fines under this chapter, the Blight Prevention Appeals Board
may give special consideration to property owner(s) who are disabled, elderly, or low income, per
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 vaitten
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 rea! property who can perform the
necessary maintenance, yard work, stc., to remedy the violation and the property owner is unable to
affard to hire the services of a third-party contractor to perform the remedial services.
tAmend-of 4-18-17)
15.26.070 ~Penalty for violation Violations and penalties,
A Mviolations(s) of the provisions of this chapter shall be punishable by a civil, penalty of fifty dotiars
fine of $100.00 per day for each day a violation continues to exist.
yielation has-been served shall-censtitute-a-separate effense- [he date the citation was issued by the
Blight Prevention Appeals Board shall be the commencement date for said fine.
(Amend-of 448-170)
15.26.080 - Right to appeal.
{102029440,D0C; v.}

om
A property owner against whom _a citation or assessment has been entered under this chapter may
appeal the decision of the Blight Prevention Appeals Board as provided in 7-152c of the Connecticut
General Statutes.
45.26.080—Enfe Ecitati
A Jtation head dure pursuantto-C.G.S-§ 7-452¢ is-hereby established for-the-purposes-of
this_section_ The first_selectman_sholl_appoint-a cilation hearing-officer-for-1 --the-town-in-accerdance
with Subsection 45.26.020-B eHhis-chapter
B_if a wiolad. i bated_after the ti llowed_forabat " tained_inth ti f
tis 4§.26-069 hy inabo i ph d hy blight fi it otf
violation issued-p ¥
issus-e-citatien te-any_owner_agent_tenant_or_persan-ar-entily_in-contret of-the-property: for the
yielationd di ith this section—The-cilation-shall-state the date by whichtheo tested
payment of-fines, penalties, f hall be-made-
C—Any-p és} tity issued _a-citation_pursuantio thi Hh hall ti titled to-a-hearing-t
contest: the citation pursuantto the-provisi i C.GS§7462e{e},
p- £ yt ithin-byel Has. fre +. pi Hon-of the final pi qod-focthoiw 7 ted-p. yrnent
offines_penalties,- costs-orfees-set bya citation issued pursuant to-this-section; the town- shall send
ti to-th, i } tiby ited-toinfe #
% #
4 OUhe-allegations-against-the-p pe i wateffinespenalties, "
fees-due;
2-—that-the-porsen(s)-oF entity. may-contest-liability-before-a-cilalion-hearing-efficer- by delivering in
F by-maibwvrity tice within ten days of th Gate the duly delivered notice;
3.—That-if-the-person(s} tity-d td d-such-2- hearing; judgment
tered acai: (s} bye
hall be. gainstihe- personal tity-and
4-—-That-such judgment nay issue withou lun i
Forpt Ebi tion +6.26.080;nelice-shall bo-prosuened to have beer properly sentif such
PuFP
noticeavas-meailed-t h Jeatibesdastla dd; file-withthe: Heetor tty
gistrant the town may-deliverthe notice i dani
Jenlitytowh tice is- issued
wilh e.G.S. -§-7-44Bi- pro ided-nothinginthi tion-shall preclude the-lown-from-providing neti
ited -by applicable law. .
Eff the pars: Atlbyto-whom_noticet nt_pursuant-to-this-sectien-wishes-to-admitiability th
gesoneiy.ayrutoutaqssing hate pate amount: of the fines, penalties,- costs or
fees admitiedoin pei Vt ignated to:
F. YP: who-d t-deli mraiLwatten-d aor sheaing tin ton days ot the-date-of
the-first ti ided-byia- Sub: He B of thi: bi hail be di Had liabili iby
f prev yi
d-the designated_town-official shall _cedify_such_persea/entity's failure pond the-hearing
officer—The-h ficer_shall_thereupon_enter_ard the-fine,penaltiescoste-orf
provided_for_by section_and-shall-followthe-procedures—for-obtaining-a-_judgmenti th
Supe tor Court t forth in EGS-§ & 452: {A
G-—-A-persenfentity- who makes atin ly-request-far-a-hearing-shall-be_gi itt tice-oHthe date;
f the th: a G-Tthe-h ng-shailix held at +43 Yel ducted in th: Tat
provided by C-G-S-§7-152c(e).
4..Fhe-hearing-offi halt the—decisk i-th d_of_the_hearing_if the-off
determines thal the person/entity-is-notliable, the. matter-shallbe dismissed and-the-efficer-shall
ter that determinati weiting dingly_If the officer determines thatthe person/entityis
{102029440.D0¢; v}

Jiable-for the-violation the-efficer-shall fenhwith-enterand the-fines_penalties, ts,
fees-ageinst such personas provided-by this section:
2. _]E the-heari ct ti Lpaid-onte-date-of it tey,sfhe-shall send _by first
class_mall_a_notice-of the_assessment- {o-the-persen-found-liable-and-shall-file,-not-less than
thicty day th: pyal tbat fe AUCH it on rihed if fF thy, Hi if
assessmentand_an-entry-feeawith-the-clerk £a-Superior- Court_facility designated _by the chief
3—_The_personventity_against-whom-an-assessment-has~been—entered-by the- -hearing—officer
pursuantto_this_section is_entitied too judicial review by way _of appeat_pursuantte-the
provisions ef G.G-S_§-7 452¢/g)-
GAsnend, of 448478)
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 attomey may bring an action to recover all such costs and expenses incurred, including
reasonable attorney's fees.
B. fn 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. § 7-1482a. Each such lien shall be continued, recorded,
and released as provided for therein.
fAmend-of4-18-1H72))
15.26-440-Schedule-oF payments:
A-—Fhe-blight-enfor Leffi the-citation- hear \-establish hedule-of pay "
withthe owner of property in violation-efthis-chapter-s ora tto-the-following-cenditions:
4-—-Aawritten-abatement plan-signed by th wnerto-abate the -vielation by-a date certain
y ty
approved and signed-by the blights eniorcament- officar oceitation-hearing-officeR
2. The abatement-plan-shall establish the amount and date(s)-payment of penalties shall be made-
8 —_The blight ent {offi itation-hearing- off y-suspendta Lol daily-viclatien
feas-described-in-Section -15.28.070-ol this chapter during-the-abat t-period-provided that th
Fey-08 st Hh ad-abak t plan—Failuce-of th ry-ownert a
PROpErY PP: prae: prEpeRy
{1020294 40,DOC; v.}

thee: thi d-abat tpi hall-result4a hi Hlification—-of-the-plan-and-the
troactiv |-of-penalties-from-the-day-afier- due _notice-pursuant to Section 45.26.070 ofthis
chapter.
fAgnend of 448-472)
45-26,420_Effactive-date-
Fhe-crdi edified in this chapter shalHake effecfifteen days-afterfinal- approval bythe
representative town-meeling:
(Amend-of 4-48-17)
{$02029440.b0¢; v}