§ 20-136. Order for the abatement of nuisance.

(a)

Whenever the Director of Health determines that any dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit, or the premises surrounding any of these, fails to meet the requirements set forth in this article or in applicable rules and regulations issued pursuant thereto, he shall issue an order setting forth the alleged failures and advising the owner, owner's agent, or occupant that such failures must be corrected. This order shall:

(1)

Be in writing.

(2)

Set forth the alleged violations of this article or of applicable rules and regulations issued pursuant thereto.

(3)

Describe the dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit where the violations are alleged to exist or to have been committed.

(4)

Provide a reasonable time for the correction of any violation alleged.

(5)

Be served upon:

a.

The owner, owner's agent or occupant of the dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit personally or by certified mail, return receipt requested, addressed to the last known place of the residence of the owner, occupant or other person in charge. If one (1) or more persons to whom the notice is addressed cannot be found after a diligent effort to do so, service may be made upon such person or persons by posting a notice on or about the dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit described in the order or by causing such order to be published in a newspaper of general circulation for a period of five (5) consecutive days;

b.

A resident agent for the receipt of service of such orders designated pursuant to section 20-176(1)(f); or

c.

The Director of Health where he has been designated the agent for such service pursuant to section 20-176(1)(g).

(b)

At the end of the period of time allowed for the correction of any violation alleged, the Director of Health shall reinspect the dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit described in the notice.

(c)

If upon reinspection of violations are determined not to have been corrected, the Director of Health may initiate legal proceedings for the immediate correction of the alleged violations or may order the dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit vacated within thirty (30) days or both.

(d)

The Director of Health, after the expiration of the time granted the persons served with such order to seek reconsideration in a hearing in the manner provided by this article, or after a final decision adverse to such person served has been rendered by the hearing agency or by a court of competent jurisdiction to which the appeal has been taken, shall cause the order to be recorded in the office of the Town Clerk.

(e)

All subsequent transferees of the dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit in connection with which an order has been so recorded shall be deemed to have notice of the continuing existence of the violations alleged, and shall be liable to all penalties and procedures provided by this article and the applicable rules and regulations issued pursuant thereto the same degree as was their transferor.

(f)

Remedial action by City:

(1)

Whenever the Director of Health shall issue an order alleging the existence of violations and such order is not complied with, or not so far complied with as the Director may regard as reasonable, within the time therein designated, the order may be executed in whole or in part by the Director, his agents, contractors, or, as an alternative if a tenement house is involved, the Director may pursue his remedies under the receivership provisions of this article. No order shall be executed or receivership initiated unless all mortgagees or lienors of record of the property where the violations exists shall have been served with a copy of the order at least forty-eight (48) hours prior to the taking of such action. If any such mortgagee or lienor cannot with due diligence be served personally within the City of Danbury, service may be made on such person by posting a copy thereof in a conspicuous place on the property where the violations exists, and by sending a copy thereof by certified mail, return receipt requested, to the mortgagee or lienor at the address set forth in the recorded mortgage or lien.

(2)

The expenses and disbursements incurred by the Director of Health in carrying out such orders shall initially be paid for from the housing repair fund hereinafter described in subsection (f)(1) of this section or any other appropriation of funds for such purpose.

(3)

The City shall have a lien for such expenses as are incurred in the execution of the order, which lien shall have priority over all other liens and encumbrances, except taxes and assessments, recorded previously to the existence of such lien.

(4)

No such lien shall be valid for any purpose until the Director of Health shall file with the Town Clerk, for recordation with the deeds of land, a certificate subscribed and sworn to by the Director describing the premises, the owner of the premises, the amount claimed as a lien thereon, and the date of commencement of the activities undertaken in executing the order, and stating that the amount is justly due and that the expense has been incurred in pursuance of the order of the Director, giving the date of the order. Such certificate shall be filed at any time during the progress of the work required by such order or within four (4) months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished.

(5)

Unless within six (6) months after actual notice of such filing proceedings to discharge such lien are taken by the party against whom or whose premises a lien is claimed, the filing shall, as to all persons having such actual notice, become conclusive evidence that the amount claimed in the notice of lien with interest is due and is a just lien upon the premises.

(6)

When the Director of Health shall have executed any order so far as it may require, the Director of Health shall file among his records such order and an affidavit stating with fairness and accuracy the items of expense in general terms and the date of execution of such order.

(7)

The expenses of executing an order until the same are paid or discharged shall be in lien and charge for rent and compensation due or then maturing from any tenant or occupant of the dwelling and premises or parts thereof to which any order relates, or in respect of which any such expenses were incurred. Recovery or repayment of such expenses as are incurred in executing an order may be obtained by the Director of Health by collecting rents directly from the tenants of the building involved or by a suit against the owner of the dwelling instituted and maintained in the City of Danbury, or both. Any such recovery or repayment shall be deposited in the housing repair fund to be used for purposes of the fund.

(8)

Every owner, owner's agent or occupant of a dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit, who has received notice of the intention of the Director of Health to make repairs shall give free entry and free access to the agent of the Director of Health for the purpose of making such repairs. Any owner, owner's agent or occupant of a dwelling, dwelling unit, roominghouse, rooming unit, dormitory, dormitory unit, hotel or hotel unit who refuses, impedes, interferes with, hinders or obstructs entry by such agent pursuant to a notice of intention to make repairs shall be subject to a penalty of one hundred dollars ($100.00) for each such failure to comply with this section.

(9)

A fund to be known as the housing relocation and repair fund is hereby created and established, to be administered pursuant to rules and regulations adopted by the Code Enforcement Division of the Health and Human Services Department in consultation with the Director of Health. Said fund shall be used for the purpose of defraying the costs associated with emergency housing repairs and with providing emergency housing necessitated by code enforcement activities. For purposes of this section, the term "code enforcement activities" includes, but shall not be limited to, administrative or judicial action intended to achieve compliance with provisions of the housing maintenance and occupancy code, the fire safety code, the building code and the public health code. Into such fund will be deposited such monies as shall be appropriated or allotted by the City Council or shall be realized from the sale of bonds issued pursuant to C.G.S. ch. 109 (C.G.S. § 7-369 et seq.) for that purpose, or such amounts as may be received as grants-in-aid under any state or federal program, or such other monies that shall be made available to the fund.

(Code 1961, § 10-16; Ord. No. 241, 3-6-1979; Ord. No. 428, 11-7-1991; Ord. No. 538, 6-1-1999)