CT
Connecticut House Bill HB05502

Connecticut 2012 Regular Session

Connecticut House Bill HB05502 Compare Versions

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1-General Assembly Substitute Bill No. 5502
2-February Session, 2012 *_____HB05502JUD___040212____*
1+General Assembly Raised Bill No. 5502
2+February Session, 2012 LCO No. 2225
3+ *02225_______JUD*
4+Referred to Committee on Judiciary
5+Introduced by:
6+(JUD)
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48 General Assembly
59
6-Substitute Bill No. 5502
10+Raised Bill No. 5502
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812 February Session, 2012
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10-*_____HB05502JUD___040212____*
14+LCO No. 2225
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12-AN ACT CONCERNING STANDING TO APPEAL A ZONING DECISION AND ESTABLISHING CRIMINAL PENALTIES FOR VIOLATION OF MUNICIPAL BLIGHT ORDINANCES.
16+*02225_______JUD*
17+
18+Referred to Committee on Judiciary
19+
20+Introduced by:
21+
22+(JUD)
23+
24+AN ACT CONCERNING STANDING TO APPEAL A ZONING DECISION AND MUNICIPAL POWER TO OBTAIN A SEARCH WARRANT.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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1628 Section 1. Subsection (a) of section 8-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
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1830 (a) As used in this section:
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2032 (1) "Aggrieved person" means [a] any person owning land in this state who is aggrieved by a decision of a board and includes any officer, department, board or bureau of the municipality charged with enforcement of any order, requirement or decision of the board. In the case of a decision by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, "aggrieved person" includes any person owning land in this state that abuts or is within a radius of one hundred feet of any portion of the land involved in the decision of the board.
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2234 (2) "Board" means a municipal zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals or other board or commission the decision of which may be appealed pursuant to this section, or the chief elected official of a municipality, or such official's designee, in a hearing held pursuant to section 22a-250, whose decision may be appealed.
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24-Sec. 2. Subparagraph (H)(xv) of subdivision (7) of subsection (c) of section 7-148 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
36+Sec. 2. Subdivision (10) of subsection (c) of section 7-148 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
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26-(xv) Make and enforce regulations for the prevention and remediation of housing blight, including regulations reducing assessments and authorizing designated agents of the municipality to enter property during reasonable hours for the purpose of remediating blighted conditions, provided such regulations define housing blight and provide written notice of any violation to the owner or occupant of the property and a reasonable opportunity for the owner or occupant to remediate the blighted conditions prior to any enforcement action being taken, and further provided such regulations shall not authorize such municipality or its designated agents to enter any dwelling house or structure on such property, and including regulations establishing a duty to maintain property and specifying standards to determine if there is neglect; prescribe [fines] civil penalties for the violation of such regulations of not less than ten or more than one hundred dollars for each day that a violation continues and, if such [fines] civil penalties are prescribed, such municipality shall adopt a citation hearing procedure in accordance with section 7-152c.
38+(10) (A) Make all lawful regulations and ordinances in furtherance of any general powers as enumerated in this section, and prescribe penalties for the violation of the same not to exceed two hundred fifty dollars, unless otherwise specifically provided by the general statutes. Such regulations and ordinances may be enforced by citations issued by designated municipal officers or employees, provided the regulations and ordinances have been designated specifically by the municipality for enforcement by citation in the same manner in which they were adopted and the designated municipal officers or employees issue a written warning providing notice of the specific violation before issuing the citation;
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28-Sec. 3. (NEW) (Effective October 1, 2012) Any person who, after written notice and a reasonable opportunity to remediate blighted conditions, wilfully violates a regulation adopted pursuant to subparagraph (H)(xv) of subdivision (7) of subsection (c) of section 7-148 of the general statutes, as amended by this act, concerning the prevention and remediation of housing blight shall be fined not more than two hundred fifty dollars for each day that such violation continues.
40+(B) Adopt a code of ethical conduct;
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42+(C) Establish and maintain free legal aid bureaus;
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44+(D) Perform data processing and related administrative computer services for a fee for another municipality;
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46+(E) Adopt the model ordinance concerning a municipal freedom of information advisory board created under subsection (f) of section 1-205 and establish a municipal freedom of information advisory board as provided by said ordinance and said section; and
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48+(F) Obtain a search warrant from the superior court for the judicial district in which the municipality is located for the purpose of enforcing a municipal ordinance or regulation adopted pursuant to (i) this section, (ii) section 7-147a, 8-2, 8-25 or 22a-42, or (iii) any other provision of the general statutes related to municipal administration or enforcement.
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3353 This act shall take effect as follows and shall amend the following sections:
3454 Section 1 October 1, 2012 8-8(a)
35-Sec. 2 October 1, 2012 7-148(c)(7)(H)(xv)
36-Sec. 3 October 1, 2012 New section
55+Sec. 2 July 1, 2012 7-148(c)(10)
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3857 This act shall take effect as follows and shall amend the following sections:
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4059 Section 1
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4261 October 1, 2012
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4463 8-8(a)
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4665 Sec. 2
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48-October 1, 2012
67+July 1, 2012
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50-7-148(c)(7)(H)(xv)
69+7-148(c)(10)
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52-Sec. 3
71+Statement of Purpose:
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54-October 1, 2012
73+To: (1) Limit appeals of certain zoning decisions to an aggrieved person who owns land in this state, and clarify that an "aggrieved person", in the case of a decision by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, includes a person who owns land that abuts or is within one hundred feet of the land involved in the decision, provided such person's land is within this state; and (2) grant municipalities general power to obtain a search warrant in order to enforce municipal ordinances, regulations and other administration or enforcement powers granted by statute.
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56-New section
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59-
60-JUD Joint Favorable Subst.
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62-JUD
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64-Joint Favorable Subst.
75+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]