§ 18-20. Historic Properties Commission.

(a)

Establishment. The Historic Properties Commission is hereby established and shall have such powers and limitations and perform such functions as shall be prescribed under of C.G.S. ch. 97a, pt. II (C.G.S. § 7-147p et seq.), and as provided in this section. The Historic Properties Study Committee is hereby terminated.

(b)

Authorization. This section is enacted pursuant to the provisions of C.G.S. ch. 97a, pt. II (C.G.S. § 7-147p et seq.), and incorporates all the powers and duties described therein.

(c)

Commission. Said Commission shall consist of five (5) regular members and three (3) alternate members all of whom shall be electors of the City of Danbury, holding no salaried municipal office in said town. Commissioners are to be appointed by the Mayor and confirmed by the City Council, and shall serve without compensation. Appointments to the Commission shall be made within thirty (30) days of the effective date of the ordinance from which this section is derived. Alternate members when seated shall have all powers and duties of a member.

(d)

Terms. Initial terms are as follows:

(1)

One (1) member for a term of five (5) years;

(2)

One (1) member for a term of four (4) years;

(3)

One (1) member for a term of three (3) year;

(4)

One (1) member for a term of two (2) years;

(5)

One (1) member for a term of one (1) year; and

(6)

Thereafter, their successors shall be appointed in a like manner for terms of five (5) years.

(e)

Vacancies. Vacancies shall be filled for the unexpired term and in the same manner as the original appointment. Vacancies shall be filled within ninety (90) days. Any member or alternate may be appointed for another term or terms. Each member and alternate shall continue in office until his successor is duly appointed.

(1)

Officers. Annually, the regular members will meet and elect a Chairperson, a Vice-Chairperson, and a clerk from their own members for a term of one (1) year.

(2)

Alternates. When a regular member is unavailable to act at a particular time due to absence, or a conflict of interest the Chairperson shall designate an alternate member to act in place of such member, choosing alternates in rotation so that they shall act as nearly equal a number of times as possible. If any alternate is not available in accordance with such rotation, such fact shall be recorded in the minutes of the meeting.

(f)

Quorum. Three (3) members of the Commission shall constitute a quorum for the transaction of its business, or the performance of its functions and the concurring vote of a majority of those constituting a quorum shall be necessary for the adoption of any recommendation, motions, or other acts of the Commission; except that the affirmative vote of at least three (3) members shall be necessary for the approval of a certificate of appropriateness.

(g)

Powers. The Commission shall have such powers, shall perform such functions and shall be subject to such limitations as prescribed by C.G.S. ch. 97a, pt. II (C.G.S. § 7-147p et seq.). The Commission shall adopt rules of procedure and regulations not inconsistent with the provisions of said statutes and may accept grants and gifts, employ clerical and technical assistance or consultants, and incur other expenses appropriate to the carrying on of its work, subject to appropriation or receipt of such grants or gifts and expend the same for such purposes.

(h)

Actions . Action by Commission to prevent illegal acts or to obtain compliance:

(1)

If any provision of C.G.S. ch. 97a, pt. II (C.G.S. § 7-147p et seq.), or any action taken, or ruling made by the Commission has been violated, the Commission may, in addition to other remedies, institute an action in accordance with the provisions of C.G.S. §§ 7-147w and 7-147h, to restrain, correct or remove such violation. Regulations and orders of the Commission issued pursuant to the Connecticut General Statutes or to any regulation or ordinance adopted under the Connecticut General Statutes shall be enforced by the Zoning Enforcement Official or Building Inspector.

(2)

The owner or agent of any building, structure or place where a violation of any provision of C.G.S. ch. 97a, pt. II (C.G.S. § 7-147p et seq.) or of any regulation or ordinance adopted under said sections has been committed or exists, or the lessee or tenant of an entire building, entire structure or place where such violation has been committed or exists, or the owner, agent, lessee or tenant of any part of the building, structure or place in which such violation has been committed or exists, or the agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building, structure or place in which any such violation exists, shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each day that such violation continues; but, if the offense is willful, the person convicted thereof shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each day that such violation continues. The superior court for the judicial district wherein such violation continues or exists shall have jurisdiction of all such offenses, subject to appeal as in other cases. Each day that a violation continues to exist shall constitute a separate offense. All costs, fees and expenses in connection with actions under this section may, in the discretion of the court, be assessed as damages against the violator, which together with reasonable attorney's fees, may be awarded to the Historic Property Commission which brought such action. Any funds collected as fines pursuant to this section shall be used by the Commission to restore the affected buildings, structures, or places to their condition prior to the violation wherever possible and any excess shall be paid to the City of Danbury.

(Code 1961, § 13A-78; Ord. No. 695, §§ (b)—(g), 12-2-2008)