Disclaimer: This page was taken from the Town of South Windsor Book of Ordinances in effect at the time this page was created. This information is not intended as a substitute for obtaining legal advise from an attorney. It is only intended as a general reference, YOU are solely responsible for any actions you take on your own behalf. This page should not be used in any legal action, a copy of the current Ordinance should be obtained from the Town Clerk's Office for such purpose. The Town of South Windsor, its management, staff and webmasters are not responsible for any errors or omissions on this page. If you feel you need more information or assistance, you should consult an attorney and read related sections of the Book of Ordinance, Connecticut General Statutes, and the Connecticut Practice Book. Case law cites and
annotations have been omitted in the interest of clarity and space. Both are important parts of any law. This page should not be use for legal research without those cites and annotations.
Sec. 1. Purpose
The purpose of this Ordinance is to define, prohibit and abate blights and nuisances and to protect, preserve, and promote public health, safety and welfare; and to preserve and protect property values.
Sec. 2. Scope of Provisions
This Ordinance shall apply uniformly to the maintenance of all residential, nonresidential, and undeveloped premises now in existence or hereafter constructed, maintained, or modified but shall exclude: agricultural lands as defined in Section 22-3(b) of the Connecticut General Statutes; land dedicated as public or semi-public open space or preserved in its natural state through conservation easements; or areas designated as inland wetlands and watercourses.
Sec. 3. Definitions
The following definitions shall apply in the interpretation and enforcement of this Ordinance.
Debris: Material which is incapable of immediately performing the function for which it was designed including, but not limited to: abandoned, discarded, or unused objects; junk comprised of equipment such as automobiles, boats, and recreation vehicles which are unregistered and missing parts, not complete in appearance and in an obvious state of disrepair; parts of automobiles, furniture, appliances, cans, boxes, scrap metal, tires, batteries, containers, and garbage which are in the public view.
Decay: A wasting or wearing away; a gradual decline in strength, soundness or quality; to become decomposed or rotten.
Dilapidated: Decayed or rotten beyond repair.
Mechanical equipment: Any apparatus designed to operate by an internal combustion engine, or designed to be towed by any apparatus propelled by an internal combustion engine.
Natural field state: Areas where grass, weeds, and brush exist in their natural, unlandscaped state.
Naturally wooded state: Areas where trees and brush exist in their natural, unlandscaped state.
Person: Any man, woman, corporation, or other legal entity capable of owning real property.
Premises: A platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon, or any part thereof. The term “premises,” where the context requires, shall be deemed to include any buildings, dwellings, parcels or land or structures contained within the scope of this article.
Public view: Visible from any public right-of-way or neighboring property.
Structure: Any building, dwelling, fence, swimming pool, or similarly constructed object.
Sec. 4. Public Nuisance
It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the Town of South Windsor to maintain such premises or any public right-of-way abutting said premises in such manner that any of the following conditions exist thereon:
a) Any structure which is in a state of dilapidation; or decay; or is open to the elements; or unable to provide shelter, or serve the purpose for which it was constructed due to damage, dilapidation, or decay;
b) Premises, occupied by a structure intended for human occupancy, in which grass, weeds, or similar vegetation (excluding flowers, fruits, and vegetables, and areas maintained in their original naturally wooded state, or a natural field state) is allowed to reach and remain at a height of twelve (12) inches or greater for a period of ten (10) days, or longer;
c) Dead, decayed, diseased or damaged trees constituting a hazard or danger to adjacent premises or the occupants thereof or to public property or persons lawfully therein;
d) Two or more unregistered motor vehicles in the public view, pursuant to Section 14-150a of the Connecticut General Statutes;
e) Residentially zoned property with any combination of ten or more pieces of mechanical equipment stored on the premises and in the public view;
f) Residential or commercially zoned property that has any of the following conditions:
1) Premises containing accumulated debris, not including compost piles or piles of grass and/or brush which are not visible from a public right-of-way and do not otherwise constitute a public health or safety hazard; or
2) Landscaping on any premises, including, but not limited to trees, shrubs, hedges, grass, and plants which physically hinder or interfere with the lawful use of abutting premises or block or interfere with the use of any public sidewalk and/or private street or right-of-way or any road sign.
Sec. 5. Minimum Standards
a) The provisions in this ordinance shall not be construed to prevent the enforcement of other statutes, codes, ordinances or regulations which prescribe standards other than are provided in this ordinance.
b) In any case where a provision of this ordinance is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, regulation or other code of the Town or State, the provision which establishes the higher standard for the promotion and protection of the health and safety, and property values of the people shall prevail.
c) This ordinance shall not affect violations of any other ordinances, code or regulation existing prior to the effective date of this code, and any such violations may be governed and continue to be punishable under the provisions of those ordinances, codes, or regulations in effect at the time the violation was committed.
Sec. 6. Responsibility for Compliance
The owner, lessee, or occupant of premises subject to this ordinance, including the agents thereof, shall be jointly and severally obligated to comply with the provisions of this ordinance. Whenever the person, as herein defined, is a corporation or other legal entity, the officers thereof shall be jointly and severally responsible with that corporation or other legal entity.
Sec. 7. Notice of Violations
a) Complaints may be submitted to the Town Manager or his/her designee by members of the public, but such complaints must be in writing and signed on forms provided by the Town.
b) Whenever the Town Manager or his/her designee determines that there has been a violation of any provision of this ordinance, except as to Section 4(d), such officer shall give notice of such violation to the person responsible therefor, as hereinafter provided. Such notice shall:
1) Be in writing;
2) Set forth the violations of this ordinance;
3) Specify a final date for the correction of any violation;
4) Be served upon the owner or the owner’s agent, or the occupant as the case may require; provided, such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by this notice; or if such person is served with such notice by any other method authorized or required under the laws of this State;
5) Contain an outline of remedial action which, if taken, will affect permanent compliance with the provisions of this ordinance; and
6) State that the penalties and enforcement provisions of this ordinance will become effective on the final date set for the correction of any violation.
c) Whenever the Town Manager or his/her designee determines that there has been a violation of Section 4(d) pertaining to unregistered motor vehicles, such officer shall give notice of such violation to the person responsible therefor which notice shall be in compliance with Section 7(a), except that:
1) The notice shall specify that the owner has thirty (30) days to correct the violation by removing the vehicle or registering it; and
2) Notice of the alleged violation shall be published in a newspaper having a substantial circulation in the Town of South Windsor.
d) Any person notified in accordance with this section who fails to correct any violation by the date specified in said notice shall be in violation of this ordinance and subject to its penalties and enforcement procedures. Any person in violation of Section 4(d) thirty (30) days after notice of alleged violation in accordance with Section 7(b) above, shall be subject to the removal and disposition of the unregistered motor vehicle.
Sec. 8. Appeals
Any person notified in accordance with Section 7 above may appeal said notice of violation(s) to the Building Code Board of Appeals, in writing, within ten (10) days of the date of said notice. If an appeal is taken as aforesaid, the first day of violation shall be seven (7) days after the decision of the Building Code Board of Appeals or on such later date as established by the Building Code Board of Appeals.
Sec. 9. Penalties and Enforcement
a) Penalties:
1) Each violation of this ordinance shall be considered a separate municipal offense.
2) Each day any violation continues shall constitute a separate offense.
3) Each separate offense under this ordinance shall be punishable by a fine of one hundred dollars ($100.00) payable to the Town of South Windsor.
b) Enforcement
1) The Town Manager, his/her designee, or any police officer in the Town of South Windsor is authorized to issue a citation or summons for a violation of this ordinance.
2) In addition thereto, the Town Manager or his/her designee is authorized to initiate legal proceedings in the Superior Court for the immediate correction of the violation(s), collection of any penalties, and the recovery of all costs including costs of remedial action(s) authorized by the Court and reasonable attorney’s fees incurred by the Town of South Windsor to enforce this ordinance.
3) All fines, Court costs, costs of remedial action, and attorney’s fees, as ordered by the Court, shall constitute a lien on the subject premises, provided the owner of said premises has been notified of the violations as herein provided and was made a party to the enforcement proceedings.
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