A. No dwelling shall remain designated by the Zoning Enforcement Officer as unoccupied for more than two years after having been given notice by the Zoning Enforcement Officer in the manner provided for in §
105-7 of the Code of the Town of West Hartford without a permit from the Zoning Board of Appeals.
B. Any owner of said dwelling or any affected person may appeal to the Zoning Board of Appeals the designation of said dwelling as being unoccupied at any time within a one-year period after being so designated as provided in §
177-49 et seq.
C. If the owner of said dwelling or any affected person does not appeal as provided in §
177-49 et seq. or waives the appeal right set forth in Subsection B herein in writing or after an unsuccessful appeal pursuant to Subsection B herein, then such owner or affected party may apply to the Zoning Board of Appeals for a permit for the continued existence of the dwelling which is unoccupied, and if the owner or affected party shows that he or she has a reasonable plan to sell, renovate or demolish said dwelling or has some reasonable plan for the use of said dwelling or that there is severe economic hardship which would justify the continued existence of said dwelling or that the continued unoccupancy of the dwelling is not detrimental to the public health, safety or welfare or to the property values of the neighborhood in which said dwelling is located, then the Zoning Board of Appeals shall grant a permit or series of permits on any of the foregoing grounds, but no single permit shall be for a period in excess of two years from the decision date of the Zoning Board of Appeals. Said permit may be revoked by the Zoning Board of Appeals after giving notice in the manner provided for in Subsection
C(1) and hearing upon application of the Director of Health or the Zoning Enforcement Officer.
(1) Such notice shall:
(a) Be in writing.
(b) Include a statement of the reason why it is being issued.
(c) Allow a reasonable time for the performance of any act it requires.
(d) Be served upon the owner or the owner's agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him or her personally or if a copy thereof is sent by certified mail to the last known address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by this notice or if he or she is served with such notice by any other method authorized or required under the laws of this state.
(e) Contain an outline of remedial action which, if taken, will effect permanent compliance with the provisions of this §
177-35 and with rules and regulations adopted pursuant thereto.
D. The Zoning Board of Appeals in granting the application for any permit may attach thereto any reasonable conditions governing the maintenance and appearance of said property for the duration of any permit. Any violation or failure to adhere to said conditions shall be grounds for revocation of said permit.
E. If the owner or any affected party of said dwelling does not apply for such a permit from the Zoning Board of Appeals or begin demolition of such dwelling within 30 days after said dwelling has been unoccupied for two years since its designation as unoccupied or begin demolition of such dwelling within 30 days after the denial by the Zoning Board of Appeals of an application pursuant to Subsection C herein, then the Zoning Enforcement Officer may order the demolition of said dwelling. If the owner fails to demolish said structure within 30 days after the issuance of the order from the Zoning Enforcement Officer, then the Zoning Enforcement Officer shall cause to be demolished said dwelling and shall clear, fill and grade the land on which said dwelling was located. The cost of such work shall be charged to the owner, and the Town shall have a lien on the land on which said building is located for the cost of such demolition.
F. Any person who fails to comply with any provision of this section or any order issued hereunder shall be deemed in violation of this chapter of the Code of the Town of West Hartford and subject to the penalties provided for in the Charter of the Town of West Hartford.
G. The Town of West Hartford will not consider any zone change application while any such property is designated as unoccupied.
See
Licenses and Permits for information.
See
Public Portal for more information.
