§ 6-146. Authority for fines; enforcement, appeal and hearing procedure; lien on property; waiver of fines and release of lien upon remediation by new buyer; tax assessment increase deferral for other than present owner.

(a)

In accordance with authority set forth in C.G.S. § 7-148(c)(7)(H) as may be amended from time to time, a fine of up to one hundred dollars ($100.00) or that maximum fine permitted by statute, whichever is greater, is prescribed for each day of violation, the period of such violation being deemed to commence in accordance with section 6-145.

(b)

The collection of fines imposed and costs assessed shall be subject to the appeal and hearing procedure set forth in section 2-3.

(c)

In accordance with authority set forth in C.G.S. § 7-148aa, as may be amended from time to time, any unpaid fine imposed pursuant to the provisions of this article shall constitute a lien upon the real estate against which the fine was imposed from the date of such fine. Each such lien may be continued, recorded and released in the manner provided by law and shall take precedence over all other liens filed after July 1, 1997, and encumbrances, except taxes, and may be enforced in the same manner as property tax liens, including pursuant to the provisions of C.G.S. § 12-169b.

(d)

As an incentive toward the full remediation of residential property designated as a blighted exterior premises by the UNIT, a purchaser or a prospective purchaser of such blighted property may make application to the City for a waiver of fines and release of lien imposed in accordance with the provisions of this section. Said application shall specify the timeframe of the sale and the proposed remediation. The applicant, once approved for this program, shall agree to execute an agreement which shall specify the timeframe for remediation (which remediation shall occur with six (6) months of closing of title), the specific improvements to be made, that the applicant shall maintain the property as owner-occupied for a term of at least three (3) years from the date of remediation approval and that the applicant understands that such waiver or release shall only occur upon full remediation and approval of same by the UNIT.

(e)

In addition to the incentive proposed in subsection (d) of this section, a purchaser or proposed purchaser of residential property may avail himself of the tax deferral benefits set forth in section 44-62, as may pertain to blighted residential property, except that the requirement of owner occupancy need not be required where said purchaser or prospective purchaser is eligible for and executes an agreement qualifying for tax deferral benefits pursuant to said section 44-62.

(f)

For purposes of this section, the term "new buyer" or "purchaser" shall mean an individual or entity that shall have purchased the premises pursuant to an arms'-length transaction, verified to the satisfaction of the City in the remediation application specified in subsection (d) of this section, and may not include immediate family members of the prior owner (including, but not limited to, spouses, children, siblings or parents) or sham transfers. The City shall make all determinations with respect to the viability and the acceptability of any new buyer for the proposed benefits and the purposes of this section and the City Council may, in its review of remediation applications, waive such of the restrictions referred to in this section as it may deem prudent and in the best interests of the City.

(Ord. No. 718, § 10-105, 11-19-2012)