City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 A regular meeting of the Council of the City of Norwich was held July 21, 2014 at 6:30 PM in Council Chambers. Present: Aldermen Desaulniers, Noblick, Wilson, Eyberse and Mayor Hinchey. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Ald. Nash was absent due to a personal work commitment and Ald. Bettencourt was absent. Mayor Hinchey presided. President Pro Tem Desaulniers read the opening prayer and Ald. Noblick led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. Joanne Philbrick, 10 Elm Ave, stated she set aside money for a new dog but instead had to use it for her taxes which made her sad and angry. She thanked the Mayor for her response to her email. She asked if there could be a questionnaire (straw poll) on the City web page regarding the police station. She also thanked the City Manager for the repair to the hillside on Washington. David Crabb, 47 Prospect St spoke about the Charter meeting where the Council spoke for unlimited time (more than 3 minutes) asking for longer terms in office and periodic pay increases because everything cost more. He stated that the Charter needs a report card system to see the course the City is moving. Keith Ripley, Meadow Lane, pointed out that the reported communication that was received tonight is more than two months ahead of schedule. John Blackburn, 15 Alice St, stated everyone got hit hard with property taxes this year and felt that department heads should be told to hold the line on their budgets. Mayor Hinchey declared citizen comment closed. Upon a motion of Ald. Wilson, seconded by Ald. Eyberse, it was unanimously voted to accept the following report from Ald. Noblick from the Public Safety Committee with respect to its findings in regard to the Police Station Committee proposal. City Manager Alan Bergren gave his report as followed: DATE: July 21, 2014 TO: Mayor Deberey Hinchey & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Public Works Public Works will begin this week with the project to resurface the following streets in the Business Park: Winneden Road, Hilltop Road, Ohio Avenue, Oxford Drive, Myrtle Drive, and part of Wisconsin Avenue. The project is expected to last 3-4 weeks; subject to favorable weather conditions and the availability of equipment. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 2. Bev Goulet Retirement Party Bev Goulet’s retirement party will be held on Friday, August 1, 2014 from 5:30-8:30 PM at the Mohegan Sun Casino. Tickets can be purchased by contacting Janice or Lee-Ann at 860-823-3778, Kay at 860- 823-3782 or Mike at 860-889-5960. There are also a limited amount of tickets for sale in the City Manager’s office. Join the party to celebrate Bev and wish her a happy retirement! 3. Volunteers Needed! Volunteers are always needed to fill vacancies on City Boards/Committees/Commissions. For more information and to see a list of current vacancies, minutes from past meetings, specific qualifications (if any) and to fill out an application, please visit the City’s website, www.norwichct.org or call the Mayor’s office at (860) 823-3742. In addition to any Board specific qualifications, volunteers must be current on taxes and resident electors of the City. 4. Citizen Charter Input Citizens can go to the City’s website at www.norwichct.org to submit suggestions or ask questions on charter revision. Upon a motion of President Pro Tem Desaulniers, seconded by Ald. Noblick, it was unanimously voted to suspend the rules to add the following resolution. WHEREAS, the Council of the City of Norwich and the Norwich Ice Arena Authority have approved a Management Services Agreement to be entered into with Norwich RoseGarden Ice Associates, LLC pertaining to the operation of the Norwich Ice Rink; and WHEREAS, Norwich RoseGarden Ice Associates, LLC requests that the Management Services Agreement be incorporated within the terms of a lease agreement to be entered into between the City of Norwich and Norwich RoseGarden Ice Associates, LLC, which lease agreement will incorporate all the terms and conditions of the Management Services Agreement and be substantially in the form attached hereto as Schedule 1; and WHEREAS, Connecticut General Statutes §7-163e requires that the Council of the City of Norwich hold a public hearing on such a proposed lease, with the notice of the hearing be published in a newspaper having general circulation in Norwich at least twice, at intervals of not less than two days, the first not more than 15 days nor less than 10 days and the last not less than two days before the date set for the hearing; and that the City shall post a sign conspicuously on the property which is the subject of the public hearing. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that public hearing on the proposed lease be scheduled and conducted on Monday, August 4, 2014 at 7:30 p.m. at City Council chambers; that City Clerk and Council Secretary Betsy Barrett, be directed to cause notice of the public hearing to be published twice in a newspaper having general circulation in Norwich as required by Connecticut General Statutes §7-163e; and that City Manager, Alan H. Bergren, be and hereby is authorized and directed to arrange to have a sign posted conspicuously at the Norwich Ice Rink giving notice of this public hearing. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 Mayor Hinchey called for citizen comment. Dave Winkler, Bozrah Dr, stated he served on the Police Station Committee and he felt that there was no time to wait on this project and asked that bonding options be looked at. He asked that the RFP goes out as soon as possible and for a short period of time so this project can progress promptly. Keith Ripley, Meadow Lane, spoke in favor of resolution #2 and stated he agrees with the previous speaker about the need and speed. He stating this gives the City Manager the discretion to draw upon items needed which are in the best interest of the City. David Crabb, 47 Prospect St spoke about the police station and thought with fewer employees that the over crowding and lack of space due to the abundance of paperwork the solution may be cloud storage. Mayor Hinchey declared citizen comment closed. Upon a motion of Ald. Wilson, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Ald. Nash, Bettencourt and Noblick. WHEREAS, the City of Norwich and American Ambulance Service, Inc. are parties to an Ambulance Service Agreement providing, among other things, that American Ambulance Service, Inc. responds to all ambulance calls involving accidents and illnesses occurring within the limits of the City of 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 Norwich, and, provides standby services to the City of Norwich at the request of its police and fire departments when not in conflict with its primary service obligations; and WHEREAS, by resolution adopted September 17, 2007 the Council of the City of Norwich authorized acting City Manager Joseph Ruffo to negotiate an extension of the then existing agreement between the City of Norwich and American Ambulance Service, Inc. or to negotiate a new contract with it to become effective upon the termination of the current contract; and WHEREAS, the existing Ambulance Services Agreement between the City of Norwich and American Ambulance Service, Inc. has a term of November 4, 2008 – November 3, 2018; and WHEREAS, American Ambulance has a been a strong community presence in the Greater Norwich area since 1972, participates in civil preparedness activities, including planning for disaster response simulations, provides public service outreach to the community for EMS Training and Awareness, provides a high level of patient care with the most current technologies available, communicates seamlessly with city departments and agencies and provides leadership in the public safety arena and service to the community; and WHEREAS, the Public Safety Committee of the Council of the City of Norwich has met with American Ambulance Service, Inc. to discuss an extension of the existing Ambulance Service Agreement to run to November 3, 2024. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren, be and hereby is authorized and directed to enter into and execute and deliver on behalf of the City of Norwich an extension or new Ambulance Service Agreement with American Ambulance Service, Inc. under the same terms and conditions set forth in the existing agreement but to run through November 3, 2024. Upon motion of Ald. Eyberse, second by Ald. Noblick, to put the following resolution on the floor introduced by Ald. Nash, Bettencourt and Noblick. WHEREAS, the Council of the City of Norwich, at its meeting held on April 7, 2014, received a report of the Police Station Committee; and WHEREAS, said report contained the Committee’s evaluations of multiple properties located within the City of Norwich as potential sites for a police station; and WHEREAS, the Council of the City of Norwich at its meeting held on May 5, 2014 referred the report to the Public Safety Committee of the Council of the City of Norwich to review and evaluate the same, together with such other proposals and issues relative to the same deemed to be appropriate by the Public Safety Committee; and WHEREAS, the Public Safety Committee, by letter dated May 20, 2014, recommended that the Police Station Committee be reconstituted to consider two additional proposals submitted to the Public Safety Committee; and 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 WHEREAS, the Council of the City of Norwich, by resolution adopted June 2, 2014, requested the Police Station Committee supplement its report with specific evaluations of the two proposals presented to the Public Safety Committee; and WHEREAS, the Police Station Committee has submitted a further report dated July 9, 2014 to the Public Safety Committee, which report has been received by the Council of the City of Norwich and, the Police Station Committee and the Public Safety Committee recommend that the Council of the City of Norwich cause a Request for Proposals to be issued soliciting proposals from interested parties to construct a police station for the City of Norwich, such proposals meeting the criteria of the Request, and propose a long term lease the same to the City of Norwich or such other arrangements as may be satisfactory to the City of Norwich. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren, together with such assistance as he may require, be and hereby is authorized and directed to issue a Request for Proposals to interested parties for the construction of a police station meeting the needs of the City of Norwich as set out in said Request for Proposals or as submitted by the developer and to cause such Request for Proposals to be issued no later than 2014. Upon a motion of Ald. Noblick, seconded by Ald. Wilson, it was unanimously voted to amend the above resolution to add “September 2, 2014”. Upon a motion of Ald. Noblick, seconded by President Pro Tem Desaulniers, it was unanimously voted to further amend the above resolution to add “November 3, 2014”, the complete amended resolution follows. WHEREAS, the Council of the City of Norwich, at its meeting held on April 7, 2014, received a report of the Police Station Committee; and WHEREAS, said report contained the Committee’s evaluations of multiple properties located within the City of Norwich as potential sites for a police station; and WHEREAS, the Council of the City of Norwich at its meeting held on May 5, 2014 referred the report to the Public Safety Committee of the Council of the City of Norwich to review and evaluate the same, together with such other proposals and issues relative to the same deemed to be appropriate by the Public Safety Committee; and WHEREAS, the Public Safety Committee, by letter dated May 20, 2014, recommended that the Police Station Committee be reconstituted to consider two additional proposals submitted to the Public Safety Committee; and WHEREAS, the Council of the City of Norwich, by resolution adopted June 2, 2014, requested the Police Station Committee supplement its report with specific evaluations of the two proposals presented to the Public Safety Committee; and WHEREAS, the Police Station Committee has submitted a further report dated July 9, 2014 to the Public Safety Committee, which report has been received by the Council of the City of Norwich and, 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 the Police Station Committee and the Public Safety Committee recommend that the Council of the City of Norwich cause a Request for Proposals to be issued soliciting proposals from interested parties to construct a police station for the City of Norwich, such proposals meeting the criteria of the Request, and propose a long term lease the same to the City of Norwich or such other arrangements as may be satisfactory to the City of Norwich. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren, together with such assistance as he may require, be and hereby is authorized and directed to issue a Request for Proposals to interested parties for the construction of a police station meeting the needs of the City of Norwich as set out in said Request for Proposals or as submitted by the developer and to cause such Request for Proposals to be issued no later than September 2, 2014 and the return of proposals by November 3, 2014. Upon a motion of President Pro Tem Desaulniers, seconded by Ald. Eyberse, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey and City Manager Bergren. WHEREAS, the City Manager Alan H. Bergren has recommended the following re-appointment to the Redevelopment Agency for a term to expire on 2/28/19; H. Tucker Braddock Jr. (D) NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Norwich hereby approves the appointment of the above named to the Redevelopment Agency. Upon a motion of Ald. Wilson, seconded by Ald. Eyberse, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey and City Manager Bergren. WHEREAS, the City Manager Alan H. Bergren has recommended for re-appointment as a regular member to the Inland, Wetlands, Water Courses and Conservation Commission for a term to expire on 6/15/16 or until a successor is appointed, the following; Philip Kiley (U) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby approves the appointment of the above named to the Inland, Wetlands, Water Courses and Conservation Commission. Upon a motion of Ald. Wilson, seconded by President Pro Tem Desaulniers, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 WHEREAS, the Council of the City of Norwich, by resolution adopted June 16, 2014, gave the Norwich Noontime Rotary permission to use the Howard Brown Park to hold the 2nd annual “Celebrate Diversity” event the night of the Wednesday, September 24th from 5:00pm to 8:00pm; and WHEREAS, the Council of the City of Norwich, pursuant to Section 13.14.2 of the Norwich Code of Ordinances, by resolution described above, authorized City Manager Alan H. Bergren to grant the Norwich Noontime Rotary permission to sell beer, wine or alcoholic beverages at this event, permission to use the premises as described herein and to sell beer, wine and alcoholic beverages being subject to satisfactory proof that the Norwich Noontime Rotary has complied with the applicable regulations of the State Liquor Commission; that identification will be mandatory from each person purchasing an alcoholic beverage at the event; that the sales of beer, wine and alcoholic beverage be made under a proper liquor license; and that insurance satisfactory to the City Manager be obtained and maintained by the Norwich Noontime Rotary both as to the sale of beer, wine and/or alcoholic beverages at the event. NOW, THEREFORE, BE IT RESOLVED, that said resolution be amended to change the date of event to Tuesday, September 23rd, 2014. Upon motion of President Pro Tem Desaulniers, seconded by Ald. Wilson, it was unanimously voted, to adopt the following resolution introduced by Mayor Hinchey. WHEREAS, the Council of the City of Norwich and the Norwich Ice Arena Authority have approved a Management Services Agreement to be entered into with Norwich RoseGarden Ice Associates, LLC pertaining to the operation of the Norwich Ice Rink; and WHEREAS, Norwich RoseGarden Ice Associates, LLC requests that the Management Services Agreement be incorporated within the terms of a lease agreement to be entered into between the City of Norwich and Norwich RoseGarden Ice Associates, LLC, which lease agreement will incorporate all the terms and conditions of the Management Services Agreement and be substantially in the form attached hereto as Schedule 1; and WHEREAS, Connecticut General Statutes §7-163e requires that the Council of the City of Norwich hold a public hearing on such a proposed lease, with the notice of the hearing be published in a newspaper having general circulation in Norwich at least twice, at intervals of not less than two days, the first not more than 15 days nor less than 10 days and the last not less than two days before the date set for the hearing; and that the City shall post a sign conspicuously on the property which is the subject of the public hearing. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that public hearing on the proposed lease be scheduled and conducted on Monday, August 4, 2014 at 7:30 p.m. at City Council chambers; that City Clerk and Council Secretary Betsy Barrett, be directed to cause notice of the public hearing to be published twice in a newspaper having general circulation in Norwich as required by Connecticut General Statutes §7-163e; and that City Manager, Alan H. Bergren, be and hereby is authorized and directed to arrange to have a sign posted conspicuously at the Norwich Ice Rink giving notice of this public hearing. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 Upon motion of Ald. Noblick, seconded by Ald. Wilson, it was unanimously voted to set a public hearing on August 4, 2014 for the second reading and action for the following ordinance introduced by Mayor Hinchey and Ald. Noblick: AN ORDINANCE REGARDING: ADOPTION OF THE 2012 PROPERTY MAINTENANCE CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT ARTICLE IV, DIVISION 1, SECTION 4­47 AND SECTION 4­48 BE AMENDED AND REPLACED WITH THE FOLLOWING ORDINANCE WHICH IS HEREBY ADOPTED BY THE CITY OF NORWICH: Sec. 4‐57. Adoption of property maintenance code. That a certain document, copies of which are on file in the office of the building official of the City of Norwich, being marked and designated as ”The BOCA National Property Maintenance Code, Fifth Edition, 1996” ”The International Property Maintenance Code, 2012 (IPMC),” as published by the Building Officials and International Code Council, Inc., and as it may be amended, be and is hereby adopted as the Property Maintenance Code of the City of Norwich, in the State of Connecticut, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Code of Ordinances, with the additions, insertions, deletions and changes, if any, prescribed in section 4‐58 of this article. Sec. 4‐58. Additions, insertions, and changes. That the BOCA National International Property Maintenance Code is amended and revised in the following respects: (a) Section PM‐101.1 (page 1, second line) insert “the City of Norwich.” (b) Section PM­105.1 (page 2) delete existing and insert “The Building Official shall be responsible for administering and coordinating the Property Maintenance Code compliance program and he shall perform such other duties as may be delegated to him. All reference to Code Official shall also apply to other designated inspectors as shall be necessary for administration of this code and as authorized by the appointing authority.” (b) Section PM­103, delete 103.1, 103.2, 103.3 and 103.5 in their entirety. (c) Section PM­106.2 (page 2, third line) insert “twenty‐five dollars ($25.00) and one hundred dollars ($100.00).” (c) Section PM­104 add 104.1.1 “The Building Official shall be responsible for administering and coordinating the Property Maintenance Code compliance program and performing such other duties as may be delegated to him. All reference to the “Code Official” shall also apply to other designated inspectors as shall be necessary for administration of this code and as authorized by the appointing authority. (d) Section PM­106.2 (page 2, fourth line) insert “thirty (30) days.” 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 (d) Section PM­111.2 (page 6, eighth line) delete period and insert at end of line “and each member shall be an elector of the City of Norwich.” (e) Section PM­107.2 (page 3, new subsection following no. 4 no. 6) insert “5 “7. Include a copy of the means of appeal of the decision of the Code Official contained in Section PM‐111.0” (e) Section PM­112 delete section in its entirety. (f) Section PM=111.2.1 (page 5, third line) delete colon (:) and insert “and each of whom shall be an elector of the City of Norwich.” (f) Section PM­202 add “Temporary Roof Coverings. Non­permanent materials not meeting Building Code.” (g) Section PM­111.2.2 (page 5, second line) insert at end offline “an elector of the City of Norwich and shall be…” (g) Section PM­304 add 304.6.1 “Temporary siding. Temporary siding coverings shall not remain 60 days after notification of violation. Permanent code compliant materials shall be installed to replace temporary siding.” (h) Section PM­304.15 (page 11, first line) delete the first line. (h) Section PM­304 add 304.7.1 “Temporary roof coverings. Non­permanent materials not meeting the Building Code. Permanent code compliant materials shall be installed to replace temporary roofing.” (i) Section PM­306.3.1 (page 11, sixth line) add the words “stored in a location approved by the Housing Inspector.” (i) Section PM­304.14 (page 13) delete “During the period from (DATE) to (DATE).” (j) Section PM­304.15 (page 11, second line) delete the second line and insert “When a door, window or other outside opening is utilized…” (j) Section PM­308.3.2 (page 15, line 5) delete period (.) and insert “stored in a location approved by any agent designated by the Building Official.” (k) Section PM­602.2.1 (page 17, fifth line) delete the words “during the period from (date) to (date).” (k) Section PM­602.3 (page 21, fourth and fifth line) delete “during the period from (DATE) to (DATE).” (l) Section PM­602.3 (page 17, second and third lines) delete the words “during the period from (date) to (date).” (l) Section PM­604.3.1.1 (page 22, line 9) delete period (.) and insert “or IRC as applicable.” (m) Section PM­701­707 (page 19, 20, 21) delete entire section. (m) Section PM­703 (page 25) delete 703.1 and 703.2 in their entirety. (n) Chapter 7 (pg. 19) add new chapter – title “Safety Requirements” (n) Section PM­704 (page 25) add 704.2(4) “carbon monoxide detection shall be installed in accordance with the current State of Connecticut Building Code.” (o) Section PM­704 (page 25) delete 704.1 and 704.1.1 in their entirety. 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 (p) Section PM­704.2 (page 25) add “4. Carbon monoxide detectors shall be installed in accordance with the State of Connecticut building code.” Upon motion of Ald. Noblick, seconded by President Pro Tem Desaulniers, it was unanimously voted to set a public hearing on August 4, 2014 for the second reading and action for the following ordinance introduced by Mayor Hinchey and Ald. Noblick: AN ORDINANCE REGARDING: DISTRESSED PREMISES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT THE FOLLOWING ORDINANCE HEREBY IS ADOPTED BY THE CITY OF NORWICH: Section 1. PURPOSE It is hereby found and declared that there exists within the City of Norwich a number of real properties which are in a blighted condition, and that the continued existence of such properties contributes to the decline of neighborhoods. It is further found that the existence of such properties adversely affects the economic well-being of the City of Norwich and is inimical to the health, safety, and welfare of its residents. Section II. DEFINITIONS In this ordinance, whenever the following terms are used, they shall be the meaning respectively ascribed to them in this section. A. BLIGHTED PROPERTY – Any premises, house, building, or structure or part thereof, on real property which is residential, nonresidential, commercial, or undeveloped, in which at least one of the following conditions exists: 1. It has been determined by a duly appointed official as designated by the City Manager acting within the scope of his authority, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community. 2. The property is in a state of disrepair or is becoming dilapidated as evidenced by one or more of the following: a. Missing, broken or inadequately secured windows or doors; b. Collapsing or missing exterior walls or roofs; c. Structurally faulty conditions; d. Unrepaired fire or water damage; e. Substantially damaged or missing siding; f. Persistent garbage or trash on the property not completely contained within approved trash or refuse containers. g. One or more abandoned vehicles that are inoperable or in a state of disrepair or major disassembly or in the process of being stripped or dismantled including: cars, trucks, campers, motor cycles, boats, mowers, farming and construction equipment any one of which may also have missing doors or windows, holes, rust, or obvious physical decay, or used for storage purposes. 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 h. Accumulated debris not used or properly stored for its intended purposes including plastics, glass, papers, junk, furniture, appliances, scrap metal, tires, batteries, containers or garbage, building materials. i. Accumulated putrescible animal and vegetable waste resulting from cooking and food consumption or the keeping of pets or other animals so as to create an offensive, unsightly, or unsanitary condition. j. Collapsing masonry. k. Graffiti as defined by the unauthorized application of paint or other permanent material the presence of which has a negative impact on values of property immediately adjacent thereto. l. As a result of inadequate maintenance or neglect, the ensuing dilapidated condition is a cause or contributing factor to cancellation of insurance on the subject and/or proximal properties. m. As a result of inadequate maintenance or neglect, the ensuing dilapidated condition has materially contributed to a decline or diminution in property values on the subject and/or proximal properties. n. Tarpaulins used for weather protection (roof coverings) for periods exceeding sixty (60) days in lieu of permanent approved roofing materials. o. Overgrown vegetation and herbaceous materials including grass exceeding ten (10) inches in height, overgrown trees and shrubbery impeding pedestrian traffic on sidewalks and streets. 3. The Fire Marshal has determined that a building or structure is a fire hazard and/or it is a factor creating a substantial and unreasonable interference with the use and enjoyment of neighboring properties. B. CITATION HEARING OFFICER – A person appointed by the City Manager as an officer as defined in and pursuant to Connecticut General Statutes § 7-152c, to serve as the Citation Hearing Officer. Such officer shall be other than any individual who issues citations and shall serve for a term of three (3) years, unless removed for cause. C. DILAPIDATED – Any building or structure or part thereof which is deemed an unsafe structure as defined in the Connecticut State Building Code, Property Maintenance Code or the Connecticut Public Health Code as may be amended from time to time, or any dwelling or unit which is designated as unfit for human habitation as defined by the Connecticut Public Health Code. D. ENFORCEMENT OFFICER – A person or persons authorized by the City Manager to take such enforcement actions and to issue citations as are specified by this Ordinance, who shall not be a Citation Hearing Officer Section III. EXCEPTIONS/SPECIAL CONSIDERATIONS This Ordinance shall apply to all residential dwelling units, nonresidential space, commercial property and undeveloped land except: (a)Any blighted premise for which a site plan or special use permit is pending before the Commission on the City Plan. Section IV. CREATION OR MAINTENANCE OF BLIGHTED PROPERTY PROHIBITED 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 No owner, agent, tenant and/or person responsible for the care, maintenance and/or condition of real property shall cause or allow any blighted property, as defined in Section II, to be created, maintained or continued. Section V. NOTICE OF VIOLATION 1. The City, through its designated Enforcement Officer, shall serve written notice to an owner, agent, tenant and person responsible for the blighted premises. The notice may be hand delivered or mailed by certified mail, return receipt requested, to the address of the owner as on file in the Assessor’s office as well as any lienholders in existence at the time the notice is mailed, or any of the persons identified in Section IV of this Ordinance, or in the case of an owner whose address is unknown, by publishing a copy of such notice in a daily or weekly newspaper having a circulation in the City. If the notice is mailed to only one of the responsible parties, it shall in no way be, or be construed to be, a release of any other responsible party. If there is more than one responsible party identified in the notice, the responsibility for complying with the notice shall be joint and several. 2. Notwithstanding anything to the contrary, the notice shall state the violation(s) of this Ordinance, what steps need to be taken to remedy the violation, demand its abatement within thirty (30) calendar days, and list the amount of fines that would be due and when uncontested payments can be made and accepted. If the owner fails to correct the violation(s), the City may issue an enforcement citation as specified herein. Section VI. ENFORCEMENT CITATION If any violation remains unabated after thirty (30) days, the Enforcement Officer is hereby authorized to issue a citation to the violator in accordance with this article. The citation will require payment of a fine of one-hundred dollars ($100) per day that a violation continues and shall require payment within ten (10) days from the issuance thereof. Section VII. CITATION PROCEDURE 1. The City of Norwich hereby adopts the citation procedure and appeal procedure that is set forth, and is in accordance with, C.G.S. § 7-152c as that statute may be amended from time to time. 2. In addition to the procedures set forth in paragraph 1 above, the Citation Officer shall render a decision in writing and shall file it with the enforcement officer and corporation counsel and send it by regular and certified mail, return receipt requested, to the tenant and responsible person, and to all parties who held liens prior to, or at the same time as, the issuance of the Notice of Violation as referenced in Section V of this ordinance. 3. The Enforcement Officer shall not have the authority to extend any of the deadlines set out in this Ordinance. 4. If the tenant or responsible person fails to respond to the citation of blight, fails to attend any hearing or rescheduled hearing before the Citation Hearing Officer, or is unwilling or unable to rehabilitate or maintain the blighted property within a reasonable time, the Enforcement Officer shall request a penalty of not more than one hundred dollars ($100.00) per day for each day that the property violates this Ordinance. The fine shall be retroactive to the date of the Enforcement Officer’s initial notice of violation to the owner, agent, tenant, or responsible party or in the case of an unidentified owner, the date of publication of notice in the newspaper. Each 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 5. The final period for the uncontested payment of any citation under this ordinance shall be ten (10) days after the mailing or delivery of the citation. Section VIII. MUNICIPAL ABATEMENT 1. In the event any owner, agent, tenant or person in control of real property shall fail to abate or correct any violation specified in any notice after the issuance of an enforcement citation for such failure, which citation has become final through the failure of such owner, tenant, or person in control of real property to appeal from the issuance of said citation, or by such appeal being dismissed, the City of Norwich, acting through its designated Enforcement Officer issuing such notice of violation, may cause or take such action as is necessary to correct such violation. The cost to take such action shall be a civil claim by the City against such owner, agent, tenant, or person responsible for such property, and Corporation Counsel may bring an action to recover all such costs and expenses incurred. 2. If the owner, agent, tenant, or responsible person fails to correct the violations, the City of Norwich may take action pursuant to C.G.S. § 7-148(c)(7)(E) to abate the nuisance at any time after the initial twenty-four hour notice of such property. Section IX. RECORDING LIEN In addition to having a lien for abatement expenses, any unpaid fines or costs of abatement shall constitute a lien upon the real estate in accordance with C.G.S. § 7-148aa, and each such lien shall be continued, recorded, and released as provided therein. Section X. EFFECTIVE DATE This Ordinance shall become effective fifteen days (15) days after publication in a newspaper having a substantial circulation within the City of Norwich. Section IX. MISCELLANEOUS PROVISIONS 1. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. 2. If any provision of this Ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this Ordinance that can be given effect without the invalid provisions or applications; and to this end, the provisions of this Ordinance and the various applications thereof are declared to be severable. Upon a motion by Ald. Hinchey, second by Ald. Wilson, it was unanimously voted to go into Executive Session per CGS 1-200 for the purpose of discussing Strategies or Negotiations with respect to Collective Bargaining, City Manager Alan H. Bergren, Director of Human Resources Brigid Marks, Assistant Director of Human Resources Patricia Osten, Finance Director Joshua Pothier, and Corporation Counsel Michael Driscoll, were asked to participate during all or portions of this Executive Session at the request of the City Council. 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 21, 2014 The council was in Executive Session from 7:05 pm to 7:27 pm, at which time Mayor Hinchey, stated no votes were taken. Upon a motion of Ald. Noblick, seconded by Ald. Wilson, it was unanimously voted to return to regular session. Upon motion to President Pro Tem Desaulniers, seconded by Ald. Noblick, it was unanimously voted to adjourn at 7:28 pm. CITY CLERK 20