City Council

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 www.danbury-ct.gov ELISA ETCHETO PHONE: 203-797-4514 LEGISLATIVE ASSISTANT FAX: 203-796-1529 e.etcheto@danbury-ct.gov MEETING NOTICE Who: City Council – Ad Hoc Committee When: 6:30P.M. – Tuesday, June 10, 2025 Where: 3C, 3rd Floor City Hall, 155 Deer Hill Avenue Purpose: Illegal Apartments - (Review of Ord., Reg., Codes, Statutes & Penalties) Meeting 3: Office of Neighborhood Assistance/ the UNIT *Agenda Item on file in the Legislative Assistant’s Office and on the City website (Nov. 2024). Committee Members, Department Representatives & Petitioners: Peter Buzaid, Chair Cheryl Wallace-Smith, Council Elmer Palma, Council Corporation Counsel Representative Mayor’s Office Shawn Stillman, UNIT Coordinator Noticed: Terry Timan, Fire Marshal James Schullery, Building Official Fernanda Carvalho, Director Health & Human Services Ryan Boggan, Assoc. Director Environmental Health Sean Hearty, Zoning Enforcement Officer Posted: Town Clerk Information Board City Website Calendar  ~AD HOC REPORT~ Illegal Apartments: Review of Ord. Reg. Codes, Statutes & Penalties Meeting #2 – Building Inspector and Health & Human Services Tuesday, March 18, 2025 Chairman Peter Buzaid called the meeting to order at 6:30 p.m. on Tuesday, February 25, 2025. Present were Committee Members Cheryl Wallace-Smith and Elmer Palma. From the City were Sean Hearty, Zoning Enforcement Officer; Fernanda Carvalho, Health & Human Services Director; and Ryan Boggan, Assoc. Director of Environmental Health; Dan Casagrande, Corporation Counsel; Taylor O’Brien, Chief of Staff, Mayor’s Office; James Schullery, Building Inspector; Terry Timan, Fire Marshal; Jeff Preston, UNIT Assistant. Ex Officio Members present were: Lou Giordano, Ben Chianese, Bill McAllister, and Mike Coelho. Chair Buzaid asked Mr. Hearty to explain the tasks of a Zoning Enforcement Officer; he noted the City’s Zoning regulations that follows some basic requirements but are created by the City’s Zoning Commission. He spoke on supporting staff including enforcement vs. permitting; two Assistant Zoning Officers, one Zoning Assistant Director; 1 in- office permit staffer and two permit staffers in the field. Mr. Hearty explained family dwelling: one-family, one detached building with one dwelling unit; two-family is one detached building with two dwelling units; three-family is one detached building with three dwelling units defined DWELLING: single or group of rooms designed for occupancy and separate living quarters for one family. Define FAMILY: A. family is 1 or more persons living together and related by blood, marriage or adoption; B. a group consisting of not more than 4 persons living together who are unrelated; A. & B. Combo with related and unrelated, unrelated not to exceed 3. Define HOUSEKEEPING UNIT: People coexist with an exit and entrance via a common area. He explained that illegal apartments are usually found via complaints. There are currently 85 open complaints; 60-70% have written orders, the remaining have a request to inspect. The process after an order is issues results in a Citation or fine, a Seize and Desist that will be followed up by court appearances. 70% with orders have Seize & Desist orders, 50% of those are past their due dates that are then provided to the city attorneys, 2 cases went to court with 1 involving a residential illegal apartment that resulted in a settlement. Chair Buzaid asked about the inspection process; Mr. Heart confirmed that an inspection includes an unencumbered walk through the whole dwelling. Member Palma asked about the opportunities to fix the issues; Mr. Hearty confirmed that they use every opportunity for the property owner to comply; he confirmed there is a high compliance when issues are found. He explained that family is often used as reason for the number of people living in the dwelling and the inspectors then look to enforce layout only concerns. Member Wallace-Smith spoke on the complexity of the rules and enforcement, she asked what can be done to gain higher results; Mr. Hearty spoke on the use of ordinances in other municipalities to address willful violations that result in an immediate fine. Chair P. Buzaid asked about parking requirements; Mr. Hearty confirmed 2 spaces for a single family, and he spoke on the challenges of older homes that now have multiple bedrooms for many family members with lots of vehicles; he noted sewer capacity regulations that allow for large multi-bedroom homes. Member Palma asked about training of new inspectors; Mr. Hearty confirmed that he has enough staff, but training takes up to two years for new inspectors to issue orders on their own. Mr. Chianese asked about the origins of the definitions Mr. Hearty explained earlier; Mr. Hearty confirmed they are municipal definitions that can be changed via the Zoning Commission. Mr. Chianese asked about owner vs non-owner occupancy regulations; Mr. Hearty confirmed that there are no differences; Mr. Casagrande confirmed that zoning is focused on use of property, not ownership. Mr. Chianese asked Mr. Hearty for his suggestions of changes; he would like to limit bedroom counts based on parking space; stronger and immediate fines. He spoke on the importance of the UNIT and outside indicators including trash. Mr. Coelho asked about subletting and enforcement; Mr. Hearty confirmed that over-populated dwellings are an issue and he noted that Zoning orders can be provided to anyone and suggested that fines can be issued to a tenant or property- owner and asked about willful intent permitting fees for future applications. Mr. Hearty confirmed that large fines have to be issued by the court. Mr. Coelho asked about the up to 4 unrelated persons regulation and its impact on septic issues for neighboring properties. Mr. McAllister asked for an estimate of the number of illegal apartments that currently exist; Mr. Hearty spoke on the overcrowding in the city with an estimated 90% that are identified as illegal apartments. Mayor Alves asked when this issue started; Mr. Hearty confirmed there was a surge in 2016, however, the difference now is that it is worse and includes more families with children. Ms. O’Brien spoke on the need to change regulations and create better solutions. Ms. Carvalho spoke on the Health Department’s enforcement of the State of Connecticut’s Public Health code as well as municipal ordinances, there are currently two housing inspectors. Mr. Boggan defined DWELLING in the Housing and Maintenance Code; room or group of rooms forming a single habitable unit with facilities to be used for cooking, eating and sleeping. He defined FAMILY is related by blood or unrelated up to 3 people; HABITABLE ROOM defined as rooms meant to be used for living, sleeping or eating excluding bathrooms. Chair Buzaid pointed out that there is a size requirement for a bedroom. Mr. Boggan defined ROOMING HOUSE as dwelling or part of dwelling consisting of 1 or more rooms rented to individuals other than immediate family members; he confirmed permitting and inspections are required for rooming houses. Chair Buzaid pointed out that rooms being rented to family members (other than immediate members) require permits; Mr. Boggan confirmed. Mr. Boggan provided an overview of the complaint process; he confirmed that tenant complaints have decreased since 2010. Mr. Boggan explained that inspections require access by a tenant; he confirmed that there were orders issued over the last year; if these are not complied by owner then they are provided to Corporation Counsel for another notification. Ms. Carvalho spoke on septic regulations; she confirmed the size of a septic determines the number of families that can live in a multi-family property; 1,000 Gallons for single family 1-3 bedrooms, 1250 gallons for multi-family 1-3 bedrooms and +225 gallons per additional bedroom. She spoke on the Uniform Relocation Act; for any long-term displacement based on code enforcement, the city is required to assist with relocation advisory and financially for up to $4,000 per family. Member Wallace-Smith asked about an Order from the Health Department (page 35 of attached packet); she confirmed there is no fine. Mr. Chianese asked about housing inspectors; Ms. Carvalho confirmed that the health regulations allow a kitchenette and rooming houses, however, zoning regulations do not in most cases allow these; Chair Buzaid confirmed that all regulations need to be met regardless if they are health or zoning. Mr. Timan spoke on regulation enforcement for rooming houses. Mr. Chianese noted the 3 vs 4 unrelated regulations between both. Ms. Carvalho spoke on fee changes and noted penalties are just state penalties. Mr. Chianese poke on the need for education and awareness for new residents; Ms. Carvalho confirmed a new resident packet is being created in multiple languages. Mr. Boggan spoke on garbage/blight regulations; he confirmed the property owner is responsible for providing adequate waste removal and receptacles and suggested that frequency of pick ups could be addressed in the future. Mr. Coelho asked for the number of rooming houses permitted in the city; Mr. Boggan confirmed it is under 10. Mr. Coelho asked about shift room rentals; Mr. Boggan spoke on multiple room rentals within a dwelling and multiple adult use of one rented room. Mr. Coelho asked about fines for tenants vs. owner; Mr. Boggan confirmed the homeowner gets an order of abatement. Mr. Coleho asked about repeat offenders that move around the city; Mr. Boggan confirmed its does happen. Mr. Casagrande confirmed there is a state statute that limits the penalties to up to $2,000 per fine; he spoke on a tiered approach to the fines. Mr. McAllister asked for an estimate of how many rooming houses exist; Mr. Boggan estimated over 1,000. A motion made by Committee Member Wallace-Smith, seconded by Committee Member Palma, to continue the ad hoc to hear from Shawn Stillman, Director of the UNIT, to discuss any applicable changes to Danbury Ordinances to a date determined by the Chairman. Motion carried unanimously. The meeting adjourned at 7:48 p.m. Respectfully submitted, Peter Buzaid, Chair Cheryl Wallace-Smith Elmer Palma  ~AD HOC REPORT~ Illegal Apartments: Review of Ord. Reg. Codes, Statutes & Penalties Meeting #1 – Fire Marshal & Building Inspector Tuesday, February 25, 2025 Chairman Peter Buzaid called the meeting to order at 6:30 p.m. on Tuesday, February 25, 2025. Present were Committee Members Cheryl Wallace-Smith and Elmer Palma. From the City were James Schullery, Building Inspector; Terry Timan, Fire Marshal; Dan Casagrande, Corporation Counsel; Taylor O’Brien, Chief of Staff, Mayor’s Office; Sean Hearty, Zoning Enforcement Officer; Shawn Stillman, UNIT Coordinator; Fernanda Carvalho, Health & Human Services Director; and Ryan Boggan, Assoc. Director of Environmental Health. Ex Officio Members present were: Lou Giordano, Andrea Gartner, Barry Rickert, Ben Chianese, Bill McAllister, and Duane Perkins. Present from the public were Ken Gucker, Tom Brown, and two unidentified individuals. Mr. Buzaid provided a quick overview of the purpose of the meeting. Mr. Timan discussed his position (Fire Marshal) and its role in inspections, complaints/warrants, zoning, enforcement/jurisdiction, and site access challenges into residences. He defined the classification of an “Illegal Apartment” for Member Wallace-Smith, noting the presence of a kitchen as a classification of an apartment. He addressed Mr. Chianese’s questions regarding the difference between rooming houses versus apartments. Furthermore, he clarified the term “Government Agency” for Ms. Gartner, and the responsibility of displacement expenses for Mr. Duane Perkins. Mr. Rickert also spoke additional Fire Marshal Office requirements, in addition to residential inspections, and citied Sections 29-3-05 and 29-03-06 regarding emergency violations. Mr. Timan spoke on the department’s enforcement efforts and explained violation penalties. The public has 30- days to comply with an order regarding Fire Code violations, and the department issues compliance letters on a quarterly basis. Furthermore, he clarified the following: permit process, role of government (agencies and elected officials) in reporting violations, and staffing challenges. Currently, the department is utilizing a new software program to improve the inspection process. Mr. Rickert discussed the importance of addressing the department’s staffing challenges to support community growth. Mr. Schullery spoke on the Building Department’s responsibilities regarding accessing dwellings, illegal apartments, and addressing public complaints. He clarified the department’s notification and enforcement efforts, and penalties. The department is working towards having a more knowledgeable staff to deal with development and growth in the City. Chair Buzaid encouraged participants to clarify jurisdiction (City versus State) when it comes to addressing illegal apartments. Mr. Schullery discussed continued education and certification requirements for Building Officials with Mr. Rickert. Furthermore, he confirmed for Ms. Gartner that the department offers translation assistance to members of the public who do not read or speak English. Mr. Timan, Mr. Schullery and Mr. Stillman confirmed that there have been orders issued within the last year under the Relocation Act. Chair Buzaid noted another meeting will be scheduled to address the role of Zoning, Health and the UNIT in this matter. A motion made by Committee Member Wallace-Smith, seconded by Committee Member Palma, to continue the ad hoc to hear from the Zoning Enforcement officer and Health Department regarding illegal apartments to a date determined by the Chairman. Motion carried unanimously. The meeting adjourned at 7:48 p.m. Respectfully submitted, Peter Buzaid, Chair Cheryl Wallace-Smith Elmer Palma  CITY OF DANBURY OFFICE OF NEIGHBORHOOD ASSISTANCE Livable Neighborhoods 2025 “Building a Better Danbury” CITATION NOTICE AND WARNING PREVENTION OF HOUSING BLIGHT Date: Notice to Owner and Occupant(s): Re: Address/ Location of Violation: Authority: Pursuant to Sections 6-140 through 6-147 Prevention of Housing Blight-Exterior Premises and 2-2 of the Code of Ordinances of the City of Danbury, the undersigned hereby gives you the following CITATION NOTICE AND WARNING concerning violation(s) on, or relating to the property identified above. Details of Violation: See Attached List of Violations- Schedule A After review of violations call the Office of Neighborhood Assistance for remediation details. 203-796-8026 (1) The unauthorized storage or accumulation of junk, trash, rubbish, boxes, paper, plastic, debris, refuse or excessive wood waste debris of any kind on the exterior premises; (2) The parking of inoperable, abandoned and/or unregistered motor vehicles including cars, trucks, boats, motorcycles, or other inoperable machinery, on the exterior premises or the public right of way, except as permitted by the City of Danbury Zoning Regulations, the State of Connecticut or federal laws and/or regulations; (3) The exterior premises is not being maintained. The following factors may be considered, but are not exhaustive, in determining whether the exterior premises is not being maintained: (a) The presence of junk, trash, rubbish, boxes, paper, plastic, debris, refuse or excessive wood waste debris of any kind. The term “junk” shall include, but not be limited to, parts of machinery or automobiles, unused or discarded appliances stored in the open, remnants of metal, wood,  (b) The presence of rodent harborage and/or infestation or vermin, (c) The presence of overgrown grass, weeds, or brush that is uncultivated at least one foot in height, (d) The presence of front yards containing visible portions of significant unattended bare dirt patches, (4) The exterior premises has attracted illegal activity, as determined by the chief of police; (5) the exterior premises is a factor in materially depreciating property values in the immediate neighborhood because of its poorly maintained condition, including a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other premises within the neighborhood as documented by neighborhood complaints, or cancellation of insurance on proximate properties, (6) The exterior premises constitutes a health or sanitary problem, as determined by the health director. Remedy: You are hereby required to remediate the above existing violations within thirty (30) days of the date of mailing of this citation warning and notice. Your failure to make corrections by the compliance date may result in issuance of a citation pursuant to sections 2-2 and 2-3 of the city of Danbury code of ordinances and Section 7-152c of the Connecticut General Statutes. You may be fined one hundred ($100.00) dollars per day for each day, and also such other fines as may be authorized or imposed by the state for a willful violation of not more than two hundred and fifty dollars ($250.00) for each such day, that a violation continues after the expiration of the specified time granted by the Citation Notice and Warning. The city may remediate the blight and assess the owner of the property for all costs associated with remediation. Your failure to remediate said violation(s) may subject you to the citation enforcement procedures set forth in Section 2-3 of the Code of Ordinances of the City of Danbury and Section 7-152c of the Connecticut General Statutes, attached hereto. If a Citation is issued, you have the right to appeal pursuant to the provisions of 7-152c of the Connecticut General Statutes. Signature: Date: Title:  Schedule A Violations (1) The unauthorized storage or accumulation of junk, trash, rubbish, boxes, paper, plastic, debris, refuse or excessive wood waste debris of any kind on the exterior premises; (2) The parking of inoperable, abandoned and/or unregistered motor vehicles including cars, trucks, boats, motorcycles, or other inoperable machinery, on the exterior premises or the public right of way, except as permitted by the City of Danbury Zoning Regulations, the State of Connecticut or federal laws and/or regulations; (3) The exterior premises is not being maintained. The following factors may be considered, but are not exhaustive, in determining whether the exterior premises is not being maintained: (a) The presence of junk, trash, rubbish, boxes, paper, plastic, debris, refuse or excessive wood waste debris of any kind. The term “junk” shall include, but not be limited to, parts of machinery or automobiles, unused or discarded appliances stored in the open, remnants of metal, wood, (b) The presence of rodent harborage and/or infestation or vermin, (c) The presence of overgrown grass, weeds, or brush that is uncultivated at least one foot in height, (d) The presence of front yards containing visible portions of significant unattended bare dirt patches, (4) The exterior premises has attracted illegal activity, as determined by the chief of police; (5) The exterior premises is a factor in materially depreciating property values in the immediate neighborhood because of its poorly maintained condition, including a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other premises within the neighborhood as documented by neighborhood complaints, or cancellation of insurance on proximate properties, (6) The exterior premises constitutes a health or sanitary problem, as determined by the health director. o o o o  CITY OF DANBURY Office of Neighborhood Assistance 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 203-796-8026 Livable Neighborhoods 2025 “Building a Better Danbury” CITATION Date of Citation: April 30, 2025 Date for Completion of Corrective Action: Immediately Property Location:, Danbury, CT 06811 Owner’s Name & Address: VIOLATIONS Violation: Fine Ordinance Continued neighbor complaint of Repetitive outdoor $250.00 12-14.1 activity compromising the quality of life of neighboring residents. COURT and LIGHTS TO BE REMOVED Repeated violation despite written warning 9/14/21 Payments by check only: Mail or deliver to: City of Danbury- UNIT 155 Deer Hill Ave Danbury, CT 06810 You have the right to contest your liability before the Citation Hearing Officer as provided by 12-35 of the Code of Ordinances of the City of Danbury. If you fail to pay this citation within ten (10) days and if you choose not to request a hearing, the Hearing Officer shall thereupon enter judgment and assess the fine(s) as stated by the citation. Your failure to pay the assessment of any fine(s) made by the Citation Hearing Officer and your failure to appeal the decision to the Superior Court within thirty (30) days of the mailing of the notice of the assessment can result in the entry of a Superior Court judgment as provided by the Connecticut General Statutes Section 7-152c(f).  CITY OF DANBURY DEPARTMENT NEIGHBORHOOD ASSISTANCE UNIT Livable Neighborhoods 2021 “Building a Better Danbury” CEASE AND DESIST WARNING NOTICE September 14, 2021 The Office of Neighborhood Assistance (UNIT) feels it is a privilege to serve the citizens of Danbury. Our job would not be possible without the cooperation of residential and commercial stakeholders in keeping Danbury the best place to live, work, and be educated. The property referenced above has violations that need to be rectified. Below, please read the violation as it is stated from city ordinance 12-14.1: Neighborhood Preservation Zone: • Repetitive nuisance associated with an outdoor group activity which in the sole determination of the City causes a disturbance or unreasonably interferes with another person’s use and/or interest in the use of their property, including but not limited to the creation of excessive noise, increase in vehicular traffic, non-permitted on and off street parking, excessive lighting and/or housing or other blight. This repetitive activity represents a violation of the Neighborhood Preservation ordinance and must be stopped. • Previous verbal warning on 7/22/21. • Permit is required for game court, see attached regulations and apply for permit. Failure to do so will result in further legal action by the City of Danbury. This notice is considered to be your only warning that needs your full attention and remediation. You will be required to contact members of the UNIT, within 3 days of this notice, to discuss plans for compliance. Failure to comply will result in our department issuing $250 fines for each occurrence. Please refer to attached ordinance section (f), wherein you may also be liable for all costs and expenses of municipal officials required in such enforcement. Contact our department right away to schedule a meeting, 203-796-8026. Your cooperation is greatly appreciated. Our department wants to thank you and your efforts in making Danbury the premiere city in Fairfield County. Sincerely, Jeffrey Preston UNIT Assistant Attached: City Ordinance 12-14.1: Neighborhood Preservation of Quality of Life Danbury City Hall, 155 Deer Hill Avenue, Danbury, CT 06810 (203) 796-8026 That the Code of ordinances of Danbury, Connecticut, is hereby amended by adding a section, to be numbered 12-14.1 which said section shall read as follows: Sec. 12-14.1. Neighborhood preservation of quality of life. Creation of Neighborhood Preservation Zone “NPZ”. (a) Statement of purpose. The purpose of this section is to regulate specified outdoor activity that has been found detrimental to the general health, well being, safety and welfare of the residents and communities of the City of Danbury, including the preservation of property values, reducing or eliminating offensive noise and securing order in City communities. The attendant increase in vehicular traffic as well as excessive on and off street parking and lighting associated with such conditions have also been found to constitute both private and public nuisance activity. For such purposes, the provisions of the Neighborhood Protection Preservation Zone “NPPZ” are hereby established to protect the communities of Danbury. (b) Definitions. As used in this section, the following terms shall have the meanings described herein, unless the context clearly indicates that a different meaning is intended. (1). “Nuisance” shall mean conduct associated with an outdoor group activity which in the sole determination of the City causes a disturbance or unreasonably interferes with another person’s use and/or interest in the use of their property, including but not limited to the creation of (i) excessive noise; (ii) increase in vehicular traffic; (iii) non-permitted on and off street parking; (iv) excessive lighting and/or (v) housing or other blight. (2) “Outdoor Group Activity” shall mean any singular or repetitive sporting or any other group or impact activity engaged in outdoors on private residential property, by ten (10) or more persons in a residential zone or affecting a residential zone as defined pursuant to the City of Danbury Zoning Regulations. (3) “UNIT” shall mean the municipal Unified Neighborhood Intervention Team, duly organized and constituted. (c) Trigger and enforcement. Upon written or other properly verified complaint by any person either to the Danbury Police Department or filed with City UNIT offices, or by two or more owners of properties within five hundred (500) feet of the property containing or maintaining an Outdoor Group Activity, alleging that an owner or tenant of private property has created a nuisance or disturbance by engaging in or permitting such activity on his or her property, the UNIT shall be authorized to issue warnings or citations pursuant to section 12-34 of this Code and the Connecticut General Statutes section 7-148 et seq. and the Danbury Police Department, in addition to citations, shall be authorized to issue summons and fines as set forth in said Connecticut General Statutes. Citations shall not be the exclusive remedy for any enforcement pursuant to this section. Danbury City Hall, 155 Deer Hill Avenue, Danbury, CT 06810 (203) 796-8026 (d) Prohibited acts. No property owner or tenant in any residential zone shall, at any time, in such residential zone or affecting any residential zone allow, authorize or maintain Outdoor Group Activities that constitute a nuisance or disturbance. (e) Penalties. In addition to such other penalties as may be authorized by other law, the UNIT, the Danbury Police Department or other authorized enforcement agent is authorized to issue warnings, citations or fines to the maximum of $250.00 or such maximum as may be authorized by law to those violating the provisions of this section. Each violation of this section shall constitute a separate offense, and each day of violation constitutes a separate offense. (f) Costs of enforcement/Lien. In addition to such penalties as herein authorized and in recognition of the taxpayers’ expenditures necessitated by the enforcement of these provisions, the party or parties found to have violated these provisions shall be liable for all costs and expenses of municipal officials required in such enforcement. Assessment of such costs or expenses may be appealed to a duly designated citation hearing officer pursuant to Code section 12-35. Any unpaid penalty or assessment of cost or expense may result in a lien upon the property of the violator and may be enforced in any manner authorized by law. (g) Interpretation. No provision of this section shall be interpreted or construed to prohibit speech, expression or conduct protected by the laws of the State of Connecticut or the laws of the United States. (h) Severability. If any provision of this section or the application thereof shall be held invalid or unenforceable, the remainder of this section or the application of such terms and provisions to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each remaining term and provision hereof shall be deemed valid and be enforced to the fullest extent permitted by law. Danbury City Hall, 155 Deer Hill Avenue, Danbury, CT 06810 (203) 796-8026