General Assembly Substitute Bill No. 957
January Session, 2011 *_____SB00957JUD___042711____*
General Assembly
Substitute Bill No. 957
January Session, 2011
*_____SB00957JUD___042711____*
AN ACT CONCERNING NEIGHBORHOOD PROTECTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 7-148hh of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
As used in sections 7-148ff, 7-148ii, as amended by this act, 7-152c, 19a-206, 47a-52, 47a-53, 47a-58 and 49-73b, as amended by this act:
(1) "Registrant" means the owner of [vacant] residential or commercial property who is required to register such property pursuant to section 7-148ii, as amended by this act.
(2) "Residential property" means a [one-to-four family] building containing one or more dwelling units.
(3) ["Vacant" means uninhabited.] "Dwelling unit" means any house or building, or portion thereof, which is occupied, is designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of one or more persons.
(4) "MERS" means the Mortgage Electronic Registration Systems.
Sec. 2. Section 7-148ii of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any person in whom title to a residential property has vested after October 1, 2009, through a foreclosure action or who, after October 1, 2011, commences a foreclosure action concerning residential or commercial property pursuant to sections 49-16 to 49-19, inclusive, or 49-26, or MERS, acting on behalf of such person, shall register such property with the town clerk of the municipality in which the property is located or with [MERS (1) no] such other municipal official as the town clerk may designate, not later than ten days after the date [title vests in such person if such residential property is vacant on the date title vests, or (2) if, as a result of an execution of ejectment pursuant to section 49-22 or a summary process action pursuant to chapter 832, such residential property becomes vacant before the date one hundred twenty days after the date title vests in such person, then no later than ten days after the date on which such property becomes vacant] on which a notice of lis pendens as to the residential or commercial property being foreclosed is recorded in accordance with section 52-325.
(b) [If the] The registration [is with the municipality, it] shall contain (1) the name, address, telephone number and electronic mail address of the registrant and, if the registrant is a corporation or an individual who resides out-of-state, the name, address, telephone number and electronic mail address of a direct contact in the state; and (2) the name, address, telephone number and electronic mail address of the person, local property maintenance company [responsible for the security and maintenance of the vacant] or other entity serving as the registrant's contact with the municipality for any matters concerning the residential or commercial property. [, if such a management company has been engaged by the registrant.] The registrant shall indicate on such registration whether it prefers to be contacted by first class mail or electronic mail and the preferred addresses for such communications. The registrant shall report any change in the information provided on the registration [no] not later than ten days following the date of the change of information. At the time of registration, the registrant shall pay a one-hundred-dollar fee to the municipality.
(c) [If the registration is with MERS, it shall contain (1) the name, address, telephone number and electronic mail address of the registrant, and (2) the name, address, telephone number and electronic address of the local property maintenance company responsible for the maintenance of the property, if such a management company has been engaged by the registrant.] Not later than ten days after absolute title vests in the registrant pursuant to the foreclosure action, the registrant, or MERS, acting on behalf of such registrant, shall update the information filed pursuant to subsection (b) of this section to include (1) the date on which absolute title vested in the registrant, and (2) the name, address, telephone number and electronic mail address of the person, local property maintenance company or other entity responsible for the security and maintenance of the residential or commercial property. Such entity may be the same entity that was designated as the contact pursuant to subsection (b) of this section. No fee shall be charged by the municipality for such updating.
(d) If a registrant required to register pursuant to subsection (c) of this section fails to comply with any provision of the general statutes or of any municipal ordinance concerning the repair or maintenance of real estate, including, without limitation, an ordinance relating to the prevention of housing blight pursuant to subparagraph (H)(xv) of subdivision (7) of subsection (c) of section 7-148, the maintenance of safe and sanitary housing as provided in subparagraph (A) of subdivision (7) of subsection (c) of section 7-148, or the abatement of nuisances as provided in subparagraph (E) of subdivision (7) of subsection (c) of section 7-148, the municipality may issue a notice to the registrant citing the conditions on such property that violate such provisions. Such notice shall be sent by either first class or electronic mail, or both, and shall be sent to the address or addresses of the registrant identified on the registration. A copy of such notice shall be sent by first class mail or electronic mail to the person, property maintenance company [if such a company has been identified] or other entity responsible for the security and maintenance of the residential or commercial property designated on the registration. Such notice shall comply with section 7-148gg.
(e) The notice described in subsection (d) of this section shall provide a date, reasonable under the circumstances, by which the registrant [may] shall remedy the condition or conditions on such registrant's property. If the registrant, registrant's contact or [property management company] registrant's agent does not remedy the condition or conditions on such registrant's property before the date following the date specified in such notice, the municipality may enforce its rights under the relevant provisions of the general statutes or of any municipal ordinance.
(f) A municipality shall only impose registration requirements upon registrants in accordance with this section, except that any municipal registration requirements effective on or before passage of public act 09-144 shall remain effective.
(g) Any person who violates any provision of this section shall be subject to a civil penalty of one hundred dollars for each day of such violation. An authorized official of such municipality may institute a civil action in Superior Court to collect such penalty, which shall be payable to the treasurer of such municipality.
Sec. 3. Subsection (h) of section 49-73b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(h) The provisions of this section shall not apply to policies on single-family or two-family dwellings, unless such dwellings are [vacant] residential properties owned by a registrant subject to section 7-148ii, as amended by this act.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 7-148hh
Sec. 2 October 1, 2011 7-148ii
Sec. 3 October 1, 2011 49-73b(h)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
7-148hh
Sec. 2
October 1, 2011
7-148ii
Sec. 3
October 1, 2011
49-73b(h)
BA Joint Favorable Subst.
JUD Joint Favorable
BA
Joint Favorable Subst.
JUD
Joint Favorable