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| ARTICLE III. - RESERVED |
Footnotes: --- ( 2 ) --- Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed art. III, §§ 9-51—9-54, which pertained to unsafe buildings and derived from Code 1977, §§ 9-44—9-47; Ord. No. 17-97, adopted Sept. 8, 1997; Ord. No. 7-98, adopted May 26, 1998; Ord. No. 58-98, adopted Oct. 26, 1998. |
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| ARTICLE IV. - REHOUSING ASSISTANCE PROGRAM |
Footnotes: --- ( 3 ) --- Editor's note— Ordinance No. 4-96, adopted February 13, 1996, deleted §§ 9-71—9-82 in their entirety. Formerly, such sections pertained to housing preservation and replacement program and derived from ordinances listed in the Code Comparative Table. Subsequently, Ordinance No. 5-96, adopted February 13, 1996, added §§ 9-71—9-75. |
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| ARTICLE V. - ANTI-BLIGHT AND PROPERTY-MAINTENANCE PROGRAM |
Footnotes: --- ( 4 ) --- Editor's note— Ord. No. 11-17, adopted March 13, 2017, repealed the former Art. V, §§ 9-91—9-98F, and enacted a new Art. V as set out herein. The former Art. V pertained to anti-blight program and derived from Ord. No. 28-09, adopted July 13, 2009; Ord. No. 50-11, adopted Nov. 28, 2011; Ord. No. 51-11, adopted Nov. 28, 2011; Ord. No. 11-12, adopted Oct. 9, 2012; Ord. No. 08-13, adopted Sept. 9, 2013; Ord. No. 9-15, adopted May 26, 2015. |
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| Chapter 9 - BUILDINGS AND PROPERTY |
Footnotes: --- ( 1 ) --- Cross reference— Design review board, § 2-296 et seq.; fire protection and prevention, Ch. 13; garbage, refuse and weeds, Ch. 15; health and sanitation, Ch. 17; housing, Ch. 18; parks and recreation, Ch. 26; planning and development, Ch. 28; streets and sidewalks, Ch. 31; zoning regulations, Ch. 35. State Law reference— Authority to regulate building operations generally, G.S. § 7-148(c)(7)(A); state building code to be building code for all municipalities, G.S. § 29-253. |
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| Sec. 9-1. - Encroachments on public property or streets. |
Except as otherwise provided, it shall be unlawful for any person to erect, locate or maintain any building or part of a building upon any public property or street in the City. (Code 1977, § 9-2) State Law reference— Authority to prohibit encroachments, G.S. § 7-148(c)(6)(C)(ii). |
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| Sec. 9-10. - Water and sewage facilities required generally. |
The owner of any building or area which is used as a place of assembly or amusement shall, while such building or area is so used, provide potable water and waste disposal facilities as required by the Director of Health. Toilet facilities shall be provided for the use of workmen during the construction of any building. Such facilities shall be maintained in a sanitary condition. (Code 1977, § 9-11; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-11. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-11, which pertained to permit for premises not connected with public system and derived from Code 1977, § 9-12. |
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| Sec. 9-12. - Permit to demolish buildings and structures. |
(a) No person shall demolish any building, structure, or part thereof without first obtaining a permit for demolition from the Director of Licenses and Inspections. The application forms for such permits will be furnished by the Director of Licenses and Inspections. Such permit will be valid for no longer than six (6) months after the date on which it is issued. The Director of Licenses and Inspections may issue a permit for demolition at any time that is the later of sixty (60) days after all public notice is provided under section 9-13 hereof, or sixty (60) days after the application is complete, including evidence of all utility shutoffs and all other material required by the State Building Code and statutes. The sixty (60) day waiting period will not apply to demolitions ordered by the City Building Inspector, to demolition on property acquired by the State Department of Transportation for a transportation project, or to demolition of buildings or structures containing less than five hundred (500) square feet of floor space as shown on the records of the City Assessor. Notwithstanding the foregoing, a demolition permit for any property identified as historic pursuant to section 9-12 (e) hereof may not be issued until the later of ninety (90) days after all public notice is provided under section 9-13 hereof, or ninety (90) days after the application is complete including all evidence of utility shutoffs and all other material required by the State Building Code and statutes. (b) No person will be eligible to receive a demolition permit unless the demolition permit application complies with the provisions of G.S. § 29-401, et seq., the state building code, and other applicable law pertaining to the issuance of such permits, as both may be amended from time to time. (c) Each person who applies for a demolition permit must notify the owners of adjoining property pursuant to the requirements of G.S. § 29-407, as amended. The applicant must notify such owners at such owner's last address according the records of the City Assessor, by sending registered or certified mail. No permit application will be complete until the applicant provides the Director with receipts for such registered or certified mail. The Director of Licenses and Inspections may require an affidavit of such mailing from the applicant. (d) No building, structure or part thereof shall be demolished unless the owner thereof obtains from the Director of Health, and files with the Director of Licenses and Inspections, a written document certifying that the premises are free from rodent infestation. It shall be the duty of the director of health, when a request for such a certificate is made to him, to inspect the premises which are the subject of the request, to determine whether the premises are free from rodent infestation. If he finds that the premises are free from rodent infestation, he shall issue a certificate to that effect. If, however, his inspection discloses a rodent infestation, he shall require the owner of the premises to exterminate the rodents forthwith; and, upon receipt of satisfactory evidence by him that the premises have been exterminated, he shall then certify that the premises are free from rodent infestation. The words "extermination" and "infestation" shall be defined, for the purposes of the interpretation and enforcement of this section, as they are defined in chapter 18 of this Code. (e) Any applicant for a permit for demolition of a building or structure or any part thereof that is designated as a historic building or structure on the National Historic Register or State Historic Register or has been nominated for study to be listed under either of them, or is located in a municipally designated historic district, must simultaneously refer a copy of such application to the City's Historic Preservation Commission for a certificate of appropriateness required by C.G.S § 7-147s. A demolition permit will not be issued until such certificate of appropriateness has been submitted to the Division of Licenses and Inspections. Any property for which an application for demolition permit has been submitted but which is not designated as historic as defined in section 9-12 (e) above will still be subject to the 90 day minimum waiting period and Historic Preservation Commission Review and will require a certificate of appropriateness, if during the 60 day period outlined in section 9-12 (a), the property is referred to the State Historic Preservation Office for review for potential historic designation. (Code 1977, § 9-14; Ord. No. 6-78, 8-14-78; Ord. No. 05-18 , 7-9-18; Ord. No. 15-19 , 10-28-19) Cross reference— Pest extermination in dwellings, § 18-140; licenses and permits generally, Ch. 21 . |
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| Sec. 9-13. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-13, which pertained to dust control during building operations and derived from Code 1977, § 9-15. |
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| Sec. 9-14. - Notice of intention to apply for permit to demolish buildings. |
Any application for a permit to demolish any building or structure must contain, in addition to such information as may be required by the Director of Licenses and Inspections, the following: the address of the building or structure to be demolished, the name, address and signature of the owner of building or structure, the signature of the licensed demolition contractor who will perform the demolition, and the date on or after which the proposed demolition will take place. Upon receipt of such information, the Director of Licenses and Inspections must publish a copy of it on the Department of Development Services' website and must send notice of such information by email to any person that has requested to be included on an email list giving notice of demolition permit applications. The email list must include the email address of the local Neighborhood Revitalization Zone president. The purpose of such notice is to provide interested persons with the opportunity to seek legal redress from proposed demolitions. Failure of notice will not invalidate any permit issued hereunder. (Code 1977, § 9-16; Ord. No. 5-78, § 7-24-78; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-15. - Building permit fees and required state inspections. |
(a) The fees for building, heating, plumbing, refrigeration, sprinkler, electrical and elevator permits shall be determined by council by resolution and shall be made available to the public by and within the Division of Licenses and Inspections, plus any amount due and owing to the City for permit fees for permits issued for work on the same premises or for permits issued to the same permit applicant. If the building official retains a consultant pursuant to the requirements of Public Act 88-359, the additional fee for the cost of this consultant's services to the City shall be added to the permit fee and shall be paid at the time the permit application is submitted. When substantial revisions occur in the project after the issuance of the permit, the consultant's fee for reviewing these revisions shall be added to the permit fee. (b) The Chief Operating Officer shall present to the council at a regular meeting during the month of August a report which shall list the number of permit fees waived during the preceding fiscal year, and the dollar amount of those fees. The City of Hartford, with the exception of the Hartford School Building Committee and its Board of Education shall not be required to pay any fees in filing for an application or having an application filed on its behalf for building, heating, plumbing, refrigeration, sprinkler, electrical and elevator permits pursuant to this Code. This exemption does not apply to the State-mandated education fee required on each building permit application. Notwithstanding the foregoing, where work to be performed by or on behalf of the City is funded by revenue bonds or grant funds and permit fees are allowable as a reimbursable expense, such applicable fees shall be charged. (c) The initial fee for a (TCO), temporary certificate of occupancy for projects requiring the payment of building permit fees, shall be the amount shown in the current Buildings & Property Fee and Fine Schedule. Fee exempt projects are not required to pay fees as described in this section. For each calendar month following the first month of the issuance of a TCO until the issuance of a CO, the fee shall be the amount shown in the current Buildings & Property Fee and Fine Schedule. Notwithstanding the foregoing, if circumstances beyond a TCO holder's control prevent the completion of necessary work and the subsequent issuance of a CO, such fees may be waived through an appeal of such fees to the City's hearing procedure as described in Chapter 1 Article 5 of this Municipal Code. The fee for a (CO) certificate of occupancy shall be the amount shown in the Buildings & Property Fee and Fine Schedule. All requests for TCO's and CO's shall be in writing and shall contain a statement of the names, addresses and contract values of all contractors participating on the project site and identifying the minority and women owned companies that participated on the project. (d) The fee for the issuance of a certificate of approval (COA) shall be the amount shown in the current Buildings & Property Fee and Fine Schedule payable by check or money order. All requests for a COA shall be in writing and shall contain a statement of the names, addresses and contract values of all contractors participating in the project site and identifying the minority and women owned companies that participated on the project. (e) Where work for which a permit is required (including demolition) is initiated prior to obtaining said permit, a penalty fee shall be administered which is equal to and in addition to the amount of the permit fee. The penalty fee shall be collected whether or not a permit is subsequently issued. The payment of such penalty fee shall not relieve the responsible party from compliance with all applicable codes, or from any other penalties for violation of the code. (f) Prior to the application for any permit required by this section, the applicant may schedule a pre-application meeting with representatives of the Division of Licenses and Inspections, the Division of Planning and Economic Development, the Department of Public Works and the Fire Marshal's office to ensure that applications submitted are complete when submitted. There shall be a fee in the amount shown in the current Buildings & Property Fee and Fine Schedule collected at the time of permit application in addition to any other fees to cover the administrative cost of such meeting. (g) A plan review fee will be charged to all applicants with construction costs estimated at one million dollars ($1,000,000.00) or more at the time plans are submitted. Such fee will be equal to ten percent (10%) of the total projected permit fee. Such paid amount will be applied to the final permit fee determined at the conclusion of the project. If the project is not completed or if no permit is ever sought, the plan review fee will not be refunded. (h) An inspection fee in the amount shown in the current Chapter 9 Fee/Fine Schedule will be required for any inspection performed by a Licenses and Inspections inspector that is mandated by state law including, but not limited to, daycare facilities. (i) The Buildings & Property Fee and Fine Schedule shall be set forth by resolution and may be amended from time to time by resolution. (Code 1977, § 9-17; Ord. No. 17-81, 6-8-81; Ord. No. 11-83, 3-14-83; Ord. No. 2-87, 1-12-87; Ord. No. 39-88, 6-27-88; Ord. No. 65-88, 10-24-88; Ord. No. 73-88, 12-12-88; Ord. No. 16-91, 5-13-91; Ord. No. 12-93, 5-10-93; Ord. No. 55-96, 11-25-96; Ord. No. 10-97, 4-28-97; Ord. No. 48-98, 6-8-98; Ord. No. 53-98, 10-13-98; Ord. No. 9-99, 4-26-99; Ord. No. 9-02, 4-08-02; Ord. No. 36-02, 9-12-02; Ord. No. 09-09, 3-9-09; Ord. No. 34-11, 6-13-11; Ord. No. 05-18 , 7-9-18) Cross reference— Licenses and permits generally, Ch. 21 . |
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| Sec. 9-16. - Reserved. |
Editor's note— Ord. No. 36-11, adopted June 13, 2011, repealed § 9-16, which pertained to accessibility of new construction for persons with physical disabilities and derived from Ord. No. 2-89, adopted Jan. 9, 1989. |
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| Sec. 9-17. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-17, which pertained to rodent control plan for new development and derived from Ord. No. 58-02, 11-25-02. |
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| Sec. 9-18. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-18, which pertained to accessibility to ownership information and derived from Ord. No. 18-05, adopted Nov. 28, 2005; Ord. No. 21-08, adopted Aug. 11, 2008. |
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| Sec. 9-2. - Obstructing area between building line and street line. |
Except as otherwise provided, it shall be unlawful for any person to erect, locate or maintain any building or part of a building, or any appurtenance thereto, between any building line lawfully established upon any street and the line of such street, or to obscure the prospect between such building line and street as requested. However, entrance steps may be built between the established street line and the veranda line on streets where veranda lines are established and may be built between the building line and the street line if no veranda line has been established, provided that the ground story elevation of the veranda floor proper (either a stoop or porch entrance type) is not more than four (4) feet, six (6) inches in height above the grade of the sidewalk if no tread is over fourteen (14) inches wide, and if such entrance steps do not encroach upon the street line. (Code 1977, § 9-3; Ord. No. 05-18 , 7-9-18) State Law reference— Establishment of building lines, G.S. § 7-148(c)(7)(A)(v). |
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| Sec. 9-3. - Building line and veranda line defined. |
Building line means a line between which and the street on which such line is established, no part of a building shall be built, except an open veranda or an enclosed veranda on streets where veranda lines are established. Veranda line means a line between which and the street on which such line is established, no part of a veranda shall be built. (Code 1977, § 9-4) Cross reference— Definitions and rules of construction generally, § 1-2 . |
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| Sec. 9-31. - Assignment. |
The Director of Public Works, or his/her designee, may, at his/her discretion and without notice, assign to each house, or to any part of a house, or to each lot or any part of a lot fronting upon any street in the city, a number by which it shall be known, and may alter such numbers and renumber such houses, parts of houses, lots and parts of lots. It shall be the duty of the director, whenever a new street is accepted by the council, to assign to the land abutting on such street numbers at such measured intervals or distances as, in his/her opinion, the public interest shall require. (Code 1977, § 9-27; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-32. - Notice to property owner to affix. |
Whenever the Director of Public Works or his/her designee, acting in accordance with section 9-31 , has assigned numbers to or has renumbered any property fronting on any street, he/she shall send promptly to the owner of every building fronting upon the street a written statement and notice informing the owner of the numbering or renumbering and directing the owner to affix to the premises figures indicating the number thereto assigned. It shall become the duty of the owner to affix the figures within ten (10) days after the sending of the notice. (Code 1977, § 9-28; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-33. - Specifications authorized. |
The Director of Public Works may make rules concerning the size, style, color and materials of all house numbers, and the method of affixing such numbers. (Code 1977, § 9-29; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-34. - Removal of nonconforming numbers; when city may affix. |
The Director of Public Works or his/her designee may remove from any premises any number which does not conform to the rules specified in section 9-33 or is not the number assigned by him/her, and may place upon any premises its properly assigned number at the expense of the owner if the notice provided in section 9-32 is not complied with within thirty (30) days of the date on which it was sent. (Code 1977, § 9-30; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-35. - Collection of expense by city. |
The Director of Public Works or his/her designee shall deliver to the tax collector the bill of any contractor for numbering premises in the City. The tax collector shall collect from the property owner designated by the director the total amount of such bill, plus a penalty of six (6) percent of such amount; provided, however, that on each bill the minimum penalty shall be the amount shown in the current Buildings & Property Fee and Fine Schedule and the maximum shall be the amount shown in the current Buildings & Property Fee and Fine Schedule. Such expense shall become a lien upon the premises in connection with which it was incurred, and such lien shall exist from the date such numbers were affixed. (Code 1977, § 9-31; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-36. - Report of violations. |
It shall be the duty of the Director of Public Works to report to the prosecuting attorney of the circuit court any case of refusal or neglect to comply with the notice provided in section 9-32 within thirty (30) days after the issuance of such notice. (Code 1977, § 9-32; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-4. - Posts, rails, fences, wires. |
Posts, rails, fences and wires are governed by section 6.13 of the City of Hartford Zoning Regulations (the "Regulations"). Copies of the regulations are available for review and purchase at the Division of Licenses and Inspections, the Planning Division, the Office of the Corporation Counsel and the Office of the Town and City Clerk and are also available online. (Code 1977, § 9-5; Ord. No. 1-89, 1-9-89; Ord. No. 96-89, 9-25-89; Ord. No. 17-90, 5-14-90; Ord. No. 71-90, 11-13-90; Ord. No. 15-91, 5-13-91; Ord. No. 23-91, 5-28-91; Ord. No. 1-96, 1-9-96; Ord. No. 31-11, 6-13-11; Ord. No. 05-18 , 7-9-18) State Law reference— Authority to prohibit obstructions, G.S. § 7-148(c)(6)(C)(ii). |
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| Sec. 9-5. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-5, which pertained to license required for encroaching fire escapes; fee; duration and derived from Code 1977, § 9-6. |
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| Sec. 9-6. - Proof of financial responsibility for encroaching fire escape. |
The owner of a building who is maintaining an existing fire escape is subject to annual inspection by the Fire Marshal's Office. As a condition to the inspection approval by the Fire Marshal, the owner of any fire escape that encroaches on/above the public right of way must provide proof of insurance pursuant to the requirements below: (a) Owner must agree to maintain in force at all times during the license period the following minimum coverages with carriers approved in the State of Connecticut and with a minimum AM Best's Rating of "A-": a. Bodily injury Liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) general aggregate. and b. Property damage insurance of one million dollars ($1,000,000.00) (b) Owner must name the City of Hartford as an additional insured on a primary and non-contributory basis to all policies except workers compensation. All policies must also include a waiver of subrogation. (c) Original completed certificates of insurance must be presented to the Finance Department prior to license issuance. Licensee agrees to provide replacement/renewal certificates at least thirty (30) days prior to the expiration date of the policies. (d) City Risk Manager may waive certain provisions or increase liability limits at his or her discretion. In addition, all carriers are subject to approval by the City of Hartford. (e) Licensee must agree to indemnify, save and keep the City harmless from all loss, damage, cost, expense or liability of any kind whatsoever which the City may suffer or be put to, or which may be recovered from it, by reason of the issuance of such license, or by reason of any act of thing done or neglected to be done by the licensee or any of his or her employees or assigns under and by virtue of the authority granted in such license, or the failure or neglect of such licensee or his employees or assigns to observe and comply with the provisions of the General Statutes of the State of Connecticut or any ordinance relating to the use of firearms. (Code 1977, § 9-7; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-7. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-7, which pertained to removal of encroaching fire escapes and derived from Code 1977, § 9-8. |
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| Sec. 9-71. - Established. |
A rehousing assistance program is hereby established. (Ord. No. 5-96, 2-13-96; Ord. No. 9-96, 4-22-96; Ord. No. 18-96, 6-24-96) |
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| Sec. 9-72. - Definitions. |
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affordable housing means a rental housing unit for which the monthly contract rent does not exceed thirty (30) percent of sixty (60) percent of family income inclusive of all utilities as defined by HUD HOME program income limits. Converted use means the conversion of any housing unit, whether occupied or vacant, from a residential to a nonresidential use. Demolition means the destruction of any housing unit. Housing unit has the meaning ascribed in section 18-3 of this Code. Notice means a written notice unless otherwise specified. Owner means any person, firm, partnership, association, joint venture, corporation or other entity who undertakes the demolition or change of use of any housing unit. The word "owner" also includes agent and any other person acting on the owner's behalf. Rental unit means any housing unit that is occupied pursuant to a lawful rental agreement, oral or written. Residential uses means the use of any housing unit designed, arranged, intended, occupied, maintained, leased or rented as the primary residence of any person. Standard unit means any housing unit that meets the minimum standards of the City of Hartford's Housing, Building, Zoning, and Fire codes. Tenant means any person who occupied a unit pursuant to a lawful lease or rental agreement with the owner, whether oral or written. For purposes of this article, two (2) or more persons who live together in a rental unit shall be considered one (1) tenant. (Ord. No. 5-96, 2-13-96; Ord. No. 9-96, 4-22-96; Ord. No. 18-96, 6-24-96; Ord. No. 05-18 , 7-9-18; Ord. No. 003-20 , 6-22-20) |
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| Sec. 9-73. - Demolition of housing units or building permit requirements. |
In addition to the requirements set forth in chapter 18 , any owner, as a condition to receiving a demolition or building permit for the purpose of demolishing or converting residential units, must: (1) Submit to the Director of Licenses and Inspections or his/her designee a list containing the name of each tenant currently residing in the structure to be demolished or converted and a list containing the name and last known address of each tenant who had resided in the structure during the one hundred eighty-day period immediately preceding the date of application, indicating those whose tenancies were terminated and the reason for each termination. If the housing unit has been vacant for one hundred twenty (120) days or less, the owner will be required to make a contribution to the housing fund in an amount not to exceed the amount shown in the current Buildings & Property Fee and Fine for each vacant residential unit located within the building. (2) Submit to the Director of Licenses and Inspections or his/her designee written verification of compliance with the tenant notice, eviction and rehousing assistance requirements of this article. (Ord. No. 5-96, 2-13-96; Ord. No. 9-96, 4-22-96; Ord. No. 18-96, 6-24-96; Ord. No. 05-18 , 7-9-18) Cross reference— Licenses and permits generally, Ch. 21 . |
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| Sec. 9-74. - Rehousing assistance. |
(a) Payments . Tenants who must vacate a rental unit because of demolition or change of use shall be eligible to receive from the owner, and the owner must pay, a rehousing assistance payment in the amount shown in the current Buildings & Property Fee and Fine Schedule. This rehousing assistance payment must be paid at least thirty (30) days before the tenant is required to vacate the rental unit. Rehousing assistance payments shall be in addition to the refund of any deposits or sums to which the tenant is entitled. Any tenant who had been evicted for other than good cause during the six-month period immediately preceding any owner's application for demolition or building permit shall be entitled to rehousing assistance as provided in this section. (b) Payment exceptions. Owners shall not be required to make rehousing assistance payments to eligible tenants when: (1) The owner will provide for the actual cost to move the tenant to a standard unit that is affordable housing; (2) The tenant is able to secure a standard unit that can be made affordable by a supplemental rental assistance payment. The supplemental rental assistance payment shall be the actual difference in rent between the unit being converted or demolished and the new unit multiplied by twelve (12) months. The supplemental rental assistance payment shall be made to the tenant within thirty (30) days of the commencement of the new rental agreement; (3) The tenant's tenancy is terminated for good cause pursuant to G.S. § 47a-23c(b); or (4) The tenant establishes tenancy in the unit after one hundred twenty (120) days' notice required by section 9-75 was delivered to the tenants in the building; provided, that the owner must advise the tenant, in writing, prior to the tenant's acceptance of tenancy, that the unit will be demolished or changed in use within one hundred twenty (120) days. Any eligible tenant who is not advised of the intended demolition or change in use shall be entitled to full rehousing assistance. (c) Instances where a dispute arises between the owner and tenant as to compliance of rehousing assistance payment, such dispute shall be submitted in writing to the Director of the Division of Housing. Where necessary, the Director of the Division of Housing must, within ten (10) days from the notice of dispute, hold a hearing on the dispute and shall issue a decision within five (5) business days of the hearing. (Ord. No. 5-96, 2-13-96; Ord. No. 9-96, 4-22-96; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-75. - Tenant notice. |
At least one hundred twenty (120) days prior to application for a demolition or building permit, the owner must deliver to each tenant in the building written notice of his intention to apply for a demolition or building permit and the rehousing assistance available to eligible tenants and shall explain the tenant's right to remain in possession unless evicted for good cause. Notice shall be delivered by registered or certified mail with return receipt requested. In addition, a copy of the notice shall be posted at every entrance to the building. If the unit has been vacant for less than one hundred twenty (120) days and the tenants who vacated were not given written notice of owner's intentions to apply for a demolition permit or building permit, then no permits will be issued until one hundred twenty (120) days from the date that the last tenant vacated the building. (Ord. No. 5-96, 2-13-96) |
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| Sec. 9-76. - Application of article. |
(a) The provisions of this article shall apply to the demolition and converted use of all housing units in the City, including those demolished pursuant to any order, decision or other action of the Director of Licenses and Inspections. No owner shall cause the demolition or converted use of any housing unit without first obtaining a demolition permit zoning permit, and/or building permit. (b) Any housing unit ordered demolished by the Director of Licenses and Inspections because of damage caused by civil commotion or natural disaster shall not be subject to the terms of this article. (c) This article shall also not apply to the demolition or converted use of any housing unit owned by the City, the Hartford Redevelopment Agency, the Housing Authority of the City of Hartford, any public development authority, or to the demolition or converted use of a detached, single-family house which is owner-occupied. (d) The Director of Licenses and Inspections shall not issue a demolition permit or building permit until the Director of the Division of Housing has certified that the owner has complied with the provisions of this article. (e) These exceptions (b) through (e), inclusive, in this article shall be effective retroactive to February 13, 1996. (Ord. No. 9-96, 4-22-96; Ord. No. 18-96, 6-24-96; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-77. - Housing fund. |
There is created in the office of the City Treasurer a housing fund into which all housing replacement contributions made pursuant to section 9-73 shall be deposited. Money deposited in the fund shall be used only for costs related to the preservation of housing. Notice of fund availability shall be published by the City in a newspaper of general local circulation or on the website of the City of Hartford. (Ord. No. 18-96, 6-24-96; Ord. No. 54-98, 10-13-98; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-8. - Permit to move building through streets. |
No person shall move any habitable building through any street in the city or permit any building in process of removal to remain in any street without a permit issued by the Division of Licenses and Inspections and approved by the director of public works. (Code 1977, § 9-9; Ord. No. 05-18 , 7-9-18) Cross reference— Licenses and permits generally, Ch. 21 . State Law reference— Authority to regulate moving of buildings, G.S. § 7-148(c)(7)(A)(iii). |
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| Sec. 9-9. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-9, which pertained to heating of occupied buildings and derived from Code 1977, § 9-10. |
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| Sec. 9-90. - Title. |
This article and the regulations contained herein are to be known as the "Anti-Blight and Property-Maintenance Program," hereinafter referred to as "this article," and is enacted and authorized pursuant to G.S. § 7-148(c)(7)(H)(xv). (Ord. No. 11-17, 3-13-17) |
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| Sec. 9-91. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-91, which pertained to definitions and derived from Ord. No. 11-17, adopted March 13, 2017. |
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| Sec. 9-91A. - Declaration of policy. |
There exists within the City of Hartford a large number of properties which are vacant or in blighted condition. The existence of vacant and blighted properties contributes to the overall decline of neighborhoods, which, in turn, affects the health, safety, welfare and economic well-being of Hartford's residents. Many of the vacant and blighted properties can be rehabilitated, reconstructed, demolished, and/or reused so as to provide decent, safe, and sanitary housing and commercial facilities. Such rehabilitation, reconstruction, demolition, and/or reuse will eliminate, remedy, and prevent the adverse conditions described above while increasing revenue to the City of Hartford. It is further found that there are many instances where property maintenance of real properties in the City of Hartford is deficient or lacking leading to a progressive deterioration of such properties and the creation of blighted conditions. Accordingly, it is in the best interests of the citizens of the City of Hartford that the City set minimum standards for property maintenance so as to assure that properties within the city be maintained in conformity with such standards and so as to assure that none of these structures and properties will deteriorate and adversely affect their surrounding neighborhoods. It is found and declared that by reason of lack of maintenance and progressive deterioration, certain structures and properties have the further effect of creating blighted conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditures of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions, as herein contained, the growth of blight may be prevented and neighborhood and property values may thereby be maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced, and the public health, safety, and welfare protected and fostered. (Ord. No. 11-17, 3-13-17; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-92. - Prohibition on creating or maintaining blight violations or property-maintenance violations. |
No person, firm, or corporation, including any owner of real property in the City of Hartford, shall cause or allow, any such real property or premises to exist or be created or maintained in a manner that constitutes a blight violation or a property-maintenance violation as defined in this article. (Ord. No. 11-17, 3-13-17) |
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| Sec. 9-93. - Applicability of article; exemptions; severability. |
(a) It is unlawful for any person, firm, corporation, or any owner of real property in the City of Hartford to be in conflict with or in violation of any of the provisions of this article. (b) Any building or structure undergoing remodeling, restoration, repair, or renovation under a current building permit, provided that any violations of this article will be corrected thereby and that the building official determines that the work is proceeding in a reasonably expeditious timeframe, is exempt from this article. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with all other applicable ordinances and laws. Nothing in this article shall be construed to cancel, modify, or set aside any provisions of the Hartford Zoning Regulations or the Building Code, as may be amended from time to time. (c) This article applies to only vacant, unoccupied real property during the first year after it is adopted, or until March 31, 2018, whichever is earlier. (d) If any provision of this article or the application thereof to any real property or any person, firm, corporation, or owner of real property is held invalid, such invalidity shall not affect other provisions or application of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable. (Ord. No. 11-17, 3-13-17) |
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| Sec. 9-93A. - Blight violations. |
The following conditions existing on any real property within the city constitute blight violations under this article: (1) It is becoming dilapidated as determined by the Department of Development Services through inspections showing that two (2) or more property-maintenance violations exist on the real property. When two (2) or more property-maintenance violations exist on real property, each property-maintenance violation shall be treated as a separate blight violation; or (2) It is determined by the building official or by health department reports that existing conditions pose a serious or immediate danger to the community that is life-threatening or poses a health or safety risk to the public; or (3) It is attracting illegal activity as documented in police department reports; or (4) It is a fire hazard as determined by the fire marshal, or as documented in fire department reports; or (5) It constitutes a health or sanitary problem, as determined by the Director of Health and Human Services, or any designee(s) thereof; or (6) It contains unauthorized storage or accumulation of junk, trash, rubbish, litter, or refuse of any kind; the parking of inoperable vehicles (unless otherwise licensed to do so); or the presence of any inoperable machinery and equipment; or (7) It is a factor creating a substantial and unreasonable interference with the lawful use and enjoyment of other space within the building, or of other premises, as documented by complaints or cancellation of insurance on nearby properties; or (8) Extended vacancy of a dwelling, dwelling unit, or multiple-dwelling property, or commercial or industrial property that has remained continuously vacant for not less than one hundred twenty (120) days. (Ord. No. 11-17, 3-13-17) |
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| Sec. 9-93B. - Property-maintenance violations. |
The following conditions existing on any real property within the City of Hartford constitute property-maintenance violations under this article. The existence of two (2) or more property-maintenance violations is a blight violation, and each property-maintenance violation will be enforced as a separate blight violation when two (2) or more exist on real property. (1) Property-maintenance violation means a violation of the following standards with respect to lots or parcels: (a) Grading . All premises shall be graded, drained, and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon. Drainage systems shall divert water away from the property and away from adjacent property lines. All drainage systems should discharge towards the public right-of-way. Approved stormwater management systems are exempt from this section. (b) Shopping Baskets, Carts, and Wagons . No shopping baskets, carts, or wagons shall be left unattended or standing, and the baskets, carts, or wagons shall be collected as often as necessary and removed to an appropriate enclosure intended for such purpose or to the interior of the building or buildings from which they were taken. (c) Fences . All fences shall be maintained. Such maintenance shall include, but is not limited to, painting as needed, removal or covering of graffiti, and the replacement or repair of fences, which may become in disrepair. (d) Weeds and Plant Growth . All landscaping shall be maintained so that lawns, hedges, bushes, and trees are kept neatly and free from becoming overgrown and unsightly where exposed to public view and where the same may have a tendency to depreciate adjoining property. The maintenance shall include, but is not limited to, the replacement of trees and shrubs, which may die or otherwise be destroyed. Grass, weeds, or similar plant growth shall not reach a height greater than one (1) foot on any premises, including on the planting strip fronting the premises. Front yards shall not be allowed to deteriorate into unattended bare, dirt patches. (e) Walks and Driveways . Steps, walks, driveways, parking spaces, and similar paved areas shall be maintained to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled and necessary repairs or replacement accomplished. All off-street parking facilities shall be swept and maintained free of debris. (f) Rodent Infestation . Yards, courts, and vacant lots shall be kept clean and free of rodent infestations. (g) Physical Hazards and Garbage . Yards, courts, and vacant lots shall be kept clean and free of physical hazards and shall be maintained in a manner that will prevent accumulation of trash, garbage, litter, debris, waste, rubbish, and similar materials. The owner of the property shall maintain the premises litter-free. (h) Inoperable Appliances . The owner of the property shall maintain the premises free of discarded or inoperative appliances, furnishings, or machinery. (i) Signs . All signs exposed to the public view shall be maintained in sound condition. Excessively weathered or faded signs shall be removed or restored to sound condition. A non-operative or broken electrical or other sign shall be repaired or removed. (j) Trash Receptacles . Trash receptacles shall be emptied on a regular basis. (k) Cigarette Disposal . All places of business that serve food or drink to patrons (e.g., restaurants, cafes, bars) shall maintain receptacle(s) for the disposal of cigarettes on their premises and shall empty the receptacle(s) on a regular basis. (2) Property-maintenance violations also mean the violation of the following standards with respect to all buildings and structures on real property: (a) Exterior Surfaces . All exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks, fences, decorative features, and overhang extensions shall be maintained so that they are not dilapidated or decaying, not open to the elements, and free of graffiti. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Substantial peeling, flaking, and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Surfaces designed for stabilization by oxidation are exempt from this requirement. Exterior walls shall be free from holes, breaks, and loose or rotting materials. (b) Exterior Structural Members and Walls . All structural members and walls shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads of the structure's legal use and occupancy. (c) Exterior Foundation Walls . The foundation walls of every building shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. Foundations, floors, and walls shall be in good painted or finished condition without peeling. (d) Roofs and Openings . Roofs and flashing shall be sound, tight, and not have defects that admit rain. Roofs shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall be maintained and free from obstructions. Roof water shall be discharged in a manner so that it does not fall onto adjacent property. Roof tiles, shingles, and any other attachments shall be properly attached and kept in good condition. (e) Exhaust Vents . Pipes, ducts, conductors, fans, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate wastes directly upon abutting or adjacent public or private property. (f) Decorative Features . All cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained with proper anchorage and in a safe condition. (g) Overhang Extensions . All overhang extensions including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be properly anchored and maintained in a safe condition. (h) Stairways, Handrails, Decks, Porches, and Balconies . Every exterior stairway, handrail, deck, porch, balcony, gallery, and all appurtenances attached thereto shall be maintained structurally sound and safe, with proper anchorage and capable of supporting the imposed loads. (i) Chimneys and Towers . All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally sound and safe. (j) Windows, Skylights, Door Frames, and Insect Screens . All windows, including skylights, and door frames shall be kept in sound condition and weather-tight. All glazing materials shall be maintained free from substantial cracks and holes. Boarded windows and doors shall comply with Section 9-98 and shall not be boarded for more than twelve (12) months. Windows, other than fixed windows, shall be operable and capable of being held in position by window hardware. All existing insect screens shall be intact, free from holes or breaks, and tightly fitted. (k) Rodent Harborage . Buildings and structures shall be maintained free of insect, vermin, pigeon, and rodent harborage and infestation. (l) Clean and Sanitary Conditions . Buildings and structures shall be maintained in a clean and sanitary condition free from health, safety, and fire hazards. (m) Storefronts . All storefronts, both occupied and non-occupied, and their walls exposed to public view shall be kept in a good state of repair and free of graffiti. (n) Interior Structure . All interior walls, stairs, porches, floors, ceilings, support pillars, and beams shall be maintained so as not to be damaged, collapsing, or deteriorating. (3) Property-maintenance violations also include any conditions that unreasonably hinder the use of adjacent properties, block or interfere with the use of the public sidewalk or public or private street or right of way, obstruct the sighting of any road sign, obstruct utility lines or other cables to or around the premises, or extend or infringe beyond the boundaries of the premises. (4) Property-maintenance violations also include situations in which the overall condition of the premises causes an unreasonable impact on the enjoyment of or value of neighboring properties as expressed by persistent complaints from adjoining and nearby property owners. (Ord. No. 11-17, 3-13-17; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-94. - Enforcement. |
(a) Administration and enforcement . There shall be a Division of Blight Remediation within the Department of Development Services that is the division responsible for the administration and enforcement of this article and the executive official in charge of the Division of Blight Remediation is known as the Director of Blight Remediation. The Director of Blight Remediation may issue rules, regulations, and policies needed for the enforcement of this article, subject to review and approval by the Blight Review Action Committee. The Division of Blight Remediation shall enforce the provisions of this article and any rules or policies promulgated under this article. The Director of Blight Remediation, or any designee(s) thereof, may undertake inspections of complaints for the purpose of documenting violations of this article. The Director of Blight Remediation, or any designee(s) thereof, may order any owner who violates this article to abate such violation, and is hereby authorized and empowered to issue citations for violations of this article. The Director of Blight Remediation, or any designee(s) thereof, is also authorized and empowered to effectuate the removal or abatement of the blight violation or property-maintenance violation under the procedures set forth in this article. (b) Inspections . The Director of Blight Remediation, or any designee(s) thereof, may initiate inspections and investigations and shall receive information and complaints concerning blight violations of the provisions of this article. The Division of Blight Remediation shall maintain written status reports indicating the number of complaints, violations identified, active and closed cases, and other information as requested by the Mayor, the Court of Common Council, or the Blight Review Action Committee. (c) Complaint of blight violation . Any individual, any civic organization, or any appropriate municipal agency may file in writing a complaint of a blight violation of this article with the Division of Blight Remediation. (d) Notice of violation; order to correct; time limit for compliance. If the Director of Blight Remediation has reasons to believe, pursuant to an inspection of the premises, that two (2) or more blight violation(s) of this article exist, the Director of Blight Remediation or any designee(s) thereof may serve a written notice of violation(s) and an order to correct such violation(s) to the owner's last-known address by certified mail, return-receipt requested. If the owner's last-known address is the same as the property where the violation has occurred, then a copy of the notice of violation(s) and order to correct may be posted on the property at the time the violations are noted. The notice requirements of this section are deemed satisfied upon: (1) in the case of certified mail upon receipt by the City of either a signed confirmation of delivery or the entire letter returned as non-deliverable, or(2) in the case of the owner's address being the same as the address of the property where the violation has occurred, upon leaving a copy of the notice of violation and order to correct at the property at the time the violations are noted, or (3) in the case of a copy sent electronically to an owner via email and receipt thereof is acknowledged in return. The notice of violation(s) and order to correct shall direct the removal, correction, or abatement of the violation(s) in the manner specified in the order within ten (10) calendar days after receipt of the notice except that such time frame may be shortened in cases wherein the director of blight remediation determines that the cited violations are detrimental to the life or health of any person. Such notice shall notify the owner that failure to remove, correct, or abate the violation will result in the issuance of a citation in accordance with this article. Such notice shall further notify the owner that failure to remove, correct, or abate the violation will result in fines being imposed that may be enforced subsequently as a lien on the owner's property and may be converted into a court judgment, and the City may cause the removal or abatement of the violation at the expense of the owner, which may likewise result in a lien on the owner's property that may be converted into a court judgment. (e) Failure to correct deficiencies: citation . If an owner of property has been served with a notice of violation(s) and order to correct and has failed to remove, correct, or abate the violation(s) within ten (10) calendar days after receiving a notice of violation and order to correct, as determined upon subsequent inspection, then the owner shall be presumed to be in violation of this article for every day thereafter until the owner submits appropriate evidence that the violations have been corrected. (1) However, if the owner, within that ten (10) day period, demonstrates to the City that the owner intends in good faith to rehabilitate or demolish the premises, or that the violation has occurred as a result of a casualty loss for which insurance is available but the owner needs additional time to remove, correct, or abate the violation, then the Director of Blight Remediation, or any designee(s) thereof, in his/her discretion, may issue a written stay of the enforcement of the citation and the enforcement of any fines imposed against the owner. Any stay is expressly conditioned upon the rehabilitation or demolition of the premises within a specified period of time not to exceed thirty (30) days, unless the owner requests an extension of time in writing to the Blight Review Action Committee, within the time specified in the stay and demonstrates that work to remove, correct, or abate the violation(s) is progressing in good faith. The Blight Review Action Committee may grant an extension up to sixty (60) days. The owner may request additional extensions up to sixty (60) days each. If the conditions of the stay have not been met within the specified time period, or the time period as it may be extended, the stay will be terminated and all fines assessed against the owner will be enforced against the owner in accordance with this article. (2) The Division of Blight Remediation may issue a citation against the owner(s) assessing a civil penalty of not more than one hundred fifty dollars ($150.00) for each day that a violation continues at an occupied property, or two hundred fifty dollars ($250.00) for each day that a violation continues at a vacant property, or the maximum authorized by G.S. § 7-148(c)(7)(H)(xv) or other state statutes or the Municipal Code. (3) Any citation issued pursuant to this article shall be served upon the owner by mailing the citation to the owner's last-known address by certified mail, return receipt requested, and by posting the citation in a visible manner on the subject property. A copy of the citation shall be filed with the town clerk, and any subsequent purchaser of the property shall be subject to such citation. The citation shall provide the owner with the following information: (i) The allegations made against the property and the amount of the proposed fines per day of continued violation of the ordinance; (ii) That the owner(s) may contest their liability before the City's duly appointed hearing officer by requesting an appeal pursuant to Section 9-95 of this article, "Citation hearing officer; appointment; appeals"; (iii) That if the owner(s) does not demand such a hearing within ten (10) calendar days of the date of the citation, the owner(s) shall be deemed to have admitted liability, and the hearing officer may assess a fine without further notice; (iv) That the City may file a lien against the property in accordance with G.S. § 7-148aa for the amount of any unpaid fine for a blight violation or property-maintenance violation imposed by the City in accordance with this article; (v) That a lien may be enforced in the same manner as a property tax lien pursuant to G.S. § 7-148aa and this article; (vi) That fines imposed may be converted to a court judgment for money damages with additional court cost imposed; and (vii) That in the case of violations that pose a danger to the public health, welfare, and safety, the City may cause the conditions to be corrected, removed, or abated at the expense of the owner, and that the amount of costs for correction, removal, or abatement may also become a lien against the owner's real property. (f) Failure to pay. If the owner(s) fail to pay, within forty-five (45) days of the citation, any and all civil penalties levied pursuant to this article, a one (1) percent interest charge shall be applied to the outstanding balance. The interest shall accrue and be compounded daily. Failure to pay any fee or civil penalties arising from the enforcement of this article constitutes a debt in favor of the City and shall constitute a lien upon the real estate against which the fee or civil penalty was imposed from the original date of such fee or civil penalty. Each such lien may be continued, recorded, and released in the manner provided by the Connecticut General Statutes for continuing, recording, and releasing property tax liens. Each such lien shall take precedence over all other liens and encumbrance filed after July 1, 1997, to the fullest extent permitted by law, except taxes, and may be enforced in the same manner as property tax liens. In addition to placing a lien against the property for failure to pay any fee arising from the enforcement of this article, the City may bring civil action against the debtor in a court of competent jurisdiction to recover such debt. (g) Anti-Blight Special Fund. (1) All monies collected by the City as fees and civil penalties for violation(s) of this article and revenue collected pursuant to the special assessment pursuant to this article shall be deposited into a special fund. This special fund shall be called the Anti-Blight Special Fund. The purpose of this fund is to provide a source of funds to be used for all associated costs in securing, remediating, and remedying blight and enforcing the Anti-Blight and Property-Maintenance Program. (2) Revolving Fund. The account shall be a permanent revolving account and shall not lapse at the end of the fiscal year. All the monies and interests deposited in the Anti-Blight Special Fund shall not be transferred, appropriated, or deposited in the general fund or any other fund. All monies in this revolving fund shall be used exclusively for the purposes of the Anti-Blight and Property-Maintenance Program as set forth herein. (3) Civil Penalties, Violations, and Liens. Any civil penalties or liens placed on any property as a result of any violation of the Anti-Blight & Property-Maintenance Program which have been assessed and collected from a foreclosure, sale, or judicial settlement shall be deposited in the Anti-Blight Special Fund. (h) Appeal for relief of citation . Any owner served with a citation in accordance with this article may, within ten (10) days of receipt of the citation, appeal in writing for relief from the citation hearing officer in accordance with sections 1-5 and section 9-95 of the Municipal Code. (Ord. No. 11-17, 3-13-17; Ord. No. 05-18 , 7-9-18; Ord. of 3-14-22 , § 1; Ord. of 3-25-24 ) |
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| Sec. 9-95. - Citation hearing officer; appointment; appeals. |
The Corporation Counsel shall appoint individuals to hear appeals concerning citations issued under Section 9-94 , pursuant to the provisions of section 1-5 of the Municipal Code. The City Council may make recommendations to the Corporation Counsel concerning the individuals to be appointed to serve as citation hearing officers. The individuals appointed to serve as citation hearing officers shall serve for a term of up to one (1) year or until a successor is appointed. All citation hearing officer appointees shall have backgrounds in law and/or issues relating to housing. Each hearing officer appointed pursuant to this section shall hear appeals under this article. In deciding to appoint an individual as a citation hearing officer under this section, the Corporation Counsel shall give preference first to City residents and second to those with a place of business in the City and students attending a law school located in the City. Individuals appointed as citation hearing officers under this section shall serve at the pleasure of the Corporation Counsel. (1) An owner may appeal for relief of each citation issued pursuant to section 9-94 to a citation hearing officer in accordance with the provisions of section 1-5 of the Municipal Code. Relief shall be requested in writing within ten (10) days of the citation. Relief may be granted if the owner can establish to the hearing officer's satisfaction that: a. The owner cited was not the owner of record of the property at the time the notice of violation and order to correct was issued; or b. Notice of the violation was not properly served upon the owner of record in accordance with subsection 9-94 ; or c. The notice of violation was not in proper form; e.g., failed to inform the owner of the section of the Municipal Code being cited for, failed to give owner sufficient time to cure violation, etc.; or d. The notice of citation was not properly served to the owner of record in accordance with subsection 9-94 ; or e. The notice of citation was not in proper form; e.g., failed to contain the amount of the penalty incurred under subsection 9-94 , failed to inform the owner of the right to appeal, etc.; or f. The Director of Blight Remediation incorrectly determined that the violations cited were not corrected within the ten-day period, or time period granted by a stay of enforcement, as required by subsection 9-94 ; or g. The property is subject to a stay of enforcement issued pursuant to section 9-94 ; or h. The real property and its structures are actively undergoing repairs that are required to be made to correct violations of state or local codes; or i. The owner has in good faith corrected all cited violations and it would work a substantial economic hardship on the owner of the real property to require further payment of penalties in compliance with this article. (2) Full documentation, such as code violation reports, engineering reports, and any other information deemed necessary by the hearing officer shall be provided by the owner(s). (Ord. No. 11-17, 3-13-17; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-96. - Blight review action committee report; hearing. |
(a) The Blight Review Action Committee shall present a bi-annual status report at the regular meetings of the Court of Common Council listing all properties deemed to be blighted within the meaning of this article. The report shall include the following: (1) The factors which, in the Blight Review Action Committee's opinion, warrant the determination that the premises so listed are blighted; (2) The efforts undertaken by the City to eliminate the blighting condition, such as clearing the premises of debris or barricading the structures on the premises, and that such actions were unsuccessful; (3) That either (a) the owner of the premises cannot or will not eliminate the blight violation, or (b) the owner has not responded to a lawful order by the City to take action to eliminate the blight violation within ten (10) days after due notice or order has been served by means set forth in subsection 9-94 (d). (b) At the regular meeting at which the Council receives the report from the Blight Review Action Committee, the Council shall set a date no later than thirty (30) days thereafter at which time a public hearing shall be held in regard to the existence of blight violations on the named premises, except that no public hearing shall be held on those properties which are the subject of a pending section 1-5 hearing. (c) At the public hearing the report of the Blight Review Action Committee shall be treated as prima facie evidence of blight on the premises. (Ord. No. 11-17, 3-13-17) |
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| Sec. 9-97. - Acquisition of properties. |
The Director of the Department of Development Services is authorized to take the necessary steps to acquire any properties covered by the provisions of this article and which have been certified by the building official to be abandoned pursuant to the Urban Homesteading Act, G.S. § 8-169(o), et seq., as it may be amended from time to time, or any other ordinance or state statute. The Director of the Department of Development Services is further authorized to take necessary steps to acquire any properties covered by the provisions of this article, provided there are funds available, using other state and federal means as they may be available. (Ord. No. 11-17, 3-13-17) |
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| Sec. 9-98. - Securing and painting of openings in buildings. |
The Director of Licenses and Inspections or the Director of Blight Remediation, or any designee(s) thereof, may order the owner of a vacant or abandoned building to secure all doors and windows, including any or all windows in the upper floors of the building, of any building which is vacant or abandoned. The Director of Licenses and Inspections or the Director of Blight Remediation, or any designee(s) thereof, shall designate the materials and procedures to be used to comply with such order. The Director of Licenses and Inspections or the Director of Blight Remediation, or any designee(s) thereof, shall order all property owners of vacant or abandoned buildings to paint all boards of raw plywood or other similar materials used to cover all doors, windows, or other areas, with a color which matches the color of the building. If the owner of the building fails, neglects, or refuses to comply properly with the terms of the order issued pursuant to this section by the Director of Licenses and Inspections or the Director of Blight Remediation, the Director of Licenses and Inspections or the Director of Blight Remediation or any designee(s) thereof may cause the required work to be performed by City staff or an independent contractor; the Director of Licenses and Inspections or the Director of Blight Remediation is not obligated to secure any building that is not deemed unsafe. The Corporation Counsel's Office may institute an action against the owner of the building to recover the cost of any work performed at the expense of the City pursuant to this section. (Ord. No. 11-17, 3-13-17; Ord. No. 05-18 , 7-9-18) |
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| Sec. 9-98A. - Reserved. |
Editor's note— Ord. No. 05-18 , adopted July 9, 2018, repealed § 9-98A, which pertained to registration of vacant buildings and vacant lots and derived from Ord. No. 11-17, adopted March 13, 2017. |
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| Sec. 9-98B. - Reduction in assessment for rehabilitated structures. |
(a) The assessment on real property, which is determined to have two (2) or more existing blight violations under this article and is within one thousand five hundred (1,500) feet of residential property, shall, at the discretion of the City Assessor, be adjusted as provided for in subsection (c) and pursuant to G.S. § 12-121e, provided all other criteria established in this section are met. (b) Before such real property will be considered for a deferral under this section, a "request for deferral" application shall be filed with the department of assessment which shall include: (1) A description of the parcel; (2) A description of the planned improvements thereon and intended use; (3) An itemized estimate of the cost of those improvements; and (4) A timetable detailing the schedule of improvements. (c) Real property that meets the requirements of subsections (a) and (d) of this section shall have the assessment on the building to be rehabilitated reduced for a period of nine (9) years from the time such improvement has been completed and a certificate of occupancy has been issued pursuant to section 35-69. Such adjusted assessment shall reflect the value of the structure prior to rehabilitation and shall defer any increase in assessment attributable to such improvement according to the following schedule: Year Percentage of increase deferred 1 100 2 100 3 100 4 100 5 100 6 80 7 60 8 40 9 20 10 0 (d) For a building to be considered for an assessment deferral under this section, the following criteria shall be met: (1) Residential (one- to four-family, co-ops and condominiums) and apartments (five-family and up). a. The building shall be at least fifteen (15) years old. b. The investment in the building to be improved shall be at least thirty (30) percent of the assessed value of said property as of the last revaluation. c. No building shall be eligible unless appropriate building permits have been acquired and applications for such permits are made at the same time as the filing for an assessment deferral with the City Assessor. d. Any rehabilitated structure shall meet all zoning regulations of the planning and zoning commission. e. Within seven (7) days of completion of improvements and issuance of a certificate of occupancy, the Assessor shall be notified by the owner. (2) Commercial and industrial. a. The building shall be at least twenty (20) years old. b. The investment in the building to be improved shall be at least forty (40) percent of the assessed value of said property as of the last revaluation. c. No building shall be eligible unless appropriate building permits have been acquired and applications for such permits are made at the same time as the filing for an assessment deferral with the City Assessor. d. Any rehabilitated structure shall meet all zoning regulations of the planning and zoning commission. e. Within seven (7) days of completion of improvements and issuance of a certificate of occupancy, the Assessor shall be notified. (e) For the purposes of revaluation, the market value prior to rehabilitation and the post rehabilitated market value will fluctuate with the revaluation. The market value of the property prior to rehabilitation will be adjusted by a factor equal to the median change in value for the property use code as a result of the revaluation. The post rehabilitated market value of the property will be recalculated with the revaluation. In cases where rehabilitation has not been completed prior to the implementation of a revaluation, the market value of the property will be recalculated with the revaluation. (f) If rehabilitation work is not completed or a certificate of occupancy has not been obtained within two (2) years of the date of the approval of the Assessment Deferral application, a new application shall be filed with the Assessment Division and re-approved for the property to maintain eligibility of the program. If the property is transferred after program approval and before a certificate of occupancy for the rehabilitation work has been issued, the new owner shall file a new application with the Assessment Division prior to the commencement or recommencement of work and would require re-approval for the property to maintain its program eligibility. (Ord. No. 11-17, 3-13-17; Ord. No. 003-20 , 6-22-20) |
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| Sec. 9-98C. - Blight review action committee. |
(a) The Blight Review Action Committee is established and comprised of the Corporation Counsel or his or her designee within the Office of Corporation Counsel, Tax Assessor or his or her designee, Director of Blight Remediation or her or his designee, Director of Licenses and Inspections or his or her designee, Director of the Department of Public Works or his or her deputy, Director of Health and Human Services or his or her deputy, and Tax Collector or his or her designee and has the authority conferred upon the Committee by this article. The Chair of the Blight Review Action Committee shall be the Director of Blight Remediation. (b) The Committee has the authority to administer the provisions of this article through the Director of Blight Remediation, to determine when and under what circumstances entry upon private property shall be authorized, and to settle, based on the recommendation of the Director of Blight Remediation, any fines, citations, civil penalties, or liens placed on any property for violations of this article if such settlements are deemed, in the Committee's discretion, necessary to promote the policy set forth in Section 9-91A , Declaration of policy. (Ord. No. 11-17, 3-13-17) |
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