§ 116-3. Definitions.

The following definitions apply in the interpretation and enforcement of this chapter:

ANTI-BLIGHT ENFORCEMENT OFFICER

A. 

Any person or persons designated by the First Selectman, with approval of the Board of Selectmen, to enforce the provisions of this chapter; and

B. 

A duly authorized agent of the Anti-Blight Enforcement Officer designated pursuant to Subsection A of this definition.

BLIGHT

Any one of the following Subsections A through C unless excluded by Subsection D:

A. 

Any premises in or upon which at least one of the following circumstances exist:

(1) 

Conditions that pose a serious threat to the safety, health and general welfare of the community, as determined by the Anti-Blight Enforcement Officer;

(2) 

Conditions that attract, harbor or conceal illegal activity as documented by the Police Department.

B. 

Any premises not being adequately maintained, as evidenced by the existence of one or more following conditions:

(1) 

Contains any building or structure that is open to the elements, has collapsed or is missing walls, roofs, windows, doors;

(2) 

Contains any building or structure that is unable to provide shelter, or serve the purpose for which it was constructed due to significant damage, dilapidation, decay, or severe animal, rodent, vermin or insect infestation; or

(3) 

The premises is in the public view and, as determined by the Anti-Blight Enforcement Officer, is neglected or abandoned.

C. 

Any premises that is, or contains material or equipment which is, incapable of performing the function for which it is designed, including, but not limited to:

(1) 

Discarded or unused materials or equipment such as unregistered motor vehicles, boats, sporting and recreation vehicles which may be missing parts, not complete in appearance or in an obvious state of disrepair or decay;

(2) 

Parts of the aforementioned motor vehicles, boats, sporting and recreation vehicles and items to include, but not be limited to, household or commercial furniture, appliances, drums, cans, boxes, scrap metal, tires, batteries, containers and garbage in the public view.

D. 

Exclusions:

(1) 

Notwithstanding the foregoing, the following shall not constitute blight within the definition of this chapter: such temporary conditions not to exceed six months in duration, as may be reasonably related to repair or restoration of building(s) and/or motor vehicles, boats or recreational vehicles registered to the subject premises' owner(s) or tenants(s), as determined by the Anti-Blight Enforcement Officer, provided that there are no delinquent taxes or other amounts owed to the Town of Newtown or any agency or department of the Town of Newtown.

CAPABLE INDIVIDUAL

A person that can be reasonably expected to perform maintenance and yard work around a property or premises. This shall include any individual above 18 years of age who is not a disabled individual.

CITATION HEARING OFFICER

Citation hearing officer as defined in Code of the Town of Newtown, § 132-9, Citation hearing officer.

DILAPIDATION

Significant partial ruin, decay or disrepair of property such that it would not qualify for a certificate of use and occupancy, or which is deemed unsafe or which is designated by health, zoning enforcement, fire or building inspectors or officers as unfit for use or habitation.

DISABLED INDIVIDUAL

In the case of an owner-occupied residence, an individual who has a disability meeting the definitions for the mental or physical disability as defined under the Americans with Disabilities Act of 1990, and does not have a household member who meets the definition of a capable individual.

ELDERLY INDIVIDUAL

An individual over the age of 65, who does not have a household member who meets the definition of a capable individual.

HISTORIC STRUCTURES

Those listed in the Newtown Historical Inventory (the "Inventory"), as compiled and maintained by the Town Historian and the Land Use Director, published on March 25, 2009, as the same may be amended.

INFESTATION

The presence of insects, rodents, vermin or other pests on the premises, which constitute a health hazard.

LOW-INCOME INDIVIDUAL

In the case of an owner-occupied residence, an individual, or where more than one person resides in the premises, a family unit, that has an income below the highest level of qualifying income established by C.G.S. § 12-170d(a)(3).

NEIGHBORHOOD

An area of the Town of Newtown comprising premises or parcels of land, any part of which is contiguous with any other parcel within the Town of Newtown.

NUISANCE

Shall be taken to include:

A. 

Any public nuisance, as defined by statute or ordinance;

B. 

Any attractive nuisance, defined as the presence of any condition on any premises that is detrimental to the health or safety of individuals coming into contact with the subject premises. This shall include, but is not limited to, the presence of abandoned wells, shafts, basements, excavations, secured and unsecured equipment, appliances, vehicles, lumber, garbage, waste and structurally unsound fences or other structures, as determined by the Anti-Blight Enforcement Officer.

C. 

Physical conditions dangerous to human life or detrimental to the health of persons on or near any premises where the conditions exist, as determined the Anti-Blight Enforcement Officer.

D. 

That which renders air, food or drink unwholesome or detrimental to the health of human beings.

E. 

Fire hazards and any condition or situation, process, material or blocked/obstructed egress that may cause a fire, an explosion or provide a ready fuel supply to augment the spread or intensity of a fire or explosion, thereby posing or intensifying a threat to life or property, as determined by the Anti-Blight Enforcement Officer.

F. 

Illegal activity, as determined by the Anti-Blight Enforcement Officer.

OWNER/OCCUPANT

Any person, institution, foundation, entity or authority which owns, leases, rents, possesses, controls, is responsible for or occupies any property or premises within the Town of Newtown.

PERSON

Any individual, corporation, partnership, limited-liability company, trust, estate, association, joint venture, or any other legal or commercial entity.

PREMISES

Shall be deemed to include any property, buildings, dwellings, parcels of land, unoccupied lots or structures within the Town of Newtown.

PUBLIC VIEW

Visible from any public right-of-way or Neighborhood.

STRUCTURE

Any building, walls, dwelling, fence, swimming pool, or similarly constructed object, located above or below ground on any premises, or structures as defined in the Newtown Zoning Regulations, Connecticut Building Codes or Connecticut Fire Safety Codes.