Norwalk, Conn., Code of Ordinances ch. 59 § 59-3

A. There is hereby created a Code Enforcement Committee which shall consist of the Building Inspector, Director of Public Health, the Fire Chief, the Fire Marshal, the Executive Director of the Housing Authority, the Police Chief, the Director of the Redevelopment Agency, the Planning Director and a member of the Common Council appointed by the Mayor. The Committee shall elect from its own members a Chairman who shall not be the Director of Public Health. The Secretary shall be a stenographer assigned to the Committee by the City Clerk. Such Committee shall be responsible for coordinating the code enforcement program of the city, with particular reference to the urban renewal and general planning objectives of the city. Any member of the Committee may designate an official of his department to represent him at meetings of the Committee. B. Whenever the Director of Public Health determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such alleged violation to the person responsible therefor, as hereinafter provided. (1) Such notice shall: (a) Be in writing. (b) Include a statement of 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 his agent, or the operator or occupant, as the case may be or as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such operator or upon such occupant, if a copy thereof is served upon him personally or if a copy thereof is sent by certified mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he 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 compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto. (2) The Director of Public Health may grant extensions of time fixed in said notice, provided that the following criteria are met: (a) A request must be presented to the Director no later than five working days before the allotted time has expired. (b) The request for extension must be in writing and signed by the responsible party. (c) The request must contain a statement of facts or proof related to the reason why the original time was not, or could not, be adhered to. (d) The facts presented are found to be reasonably accurate. (e) There exists no immediate danger to the occupants residing on the premises or to the public. C. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and, upon the payment of a fee payable to the Treasurer of the city, shall be granted a hearing on the matter before the Code Enforcement Committee, provided that such person shall file in the office of the Director of Public Health a written petition requesting such hearing and setting forth a brief statement of the grounds thereof within 20 days after the day the notice was served. Upon receipt of such petition, the Director of Public Health shall notify the Committee to set a time and place for such hearing and shall give the petitioner five days' written notice thereof. [Amended 6-10-1980 [1] ] (1) At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified, extended or withdrawn or a variance granted. (2) The hearing shall be commenced not later than 60 days after the day on which the petition was filed, provided that upon application of the petitioner the Committee may postpone the date of the hearing for a reasonable time beyond such sixty-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement, but in no event shall such hearing be postponed longer than 60 days. [1] Editor's Note: See § 57-5 of Ch. 57 , Health and Sanitation, for current fee provisions. D. Such hearing shall be had before a panel of five or more members of the Committee. The panel, by a majority vote of those present, may sustain, modify or withdraw the notice; it may also grant an extension or variance in accordance with the following conditions: (1) The time for performance of any act required by the notice may be extended for not more than 18 months subject to appropriate conditions and where the Committee makes specific findings of fact, based on evidence relating to the particular case: (a) That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of any provision of this chapter. (b) That such extension is in harmony with the general purpose and intent of this chapter in securing the public health, environment, safety and general welfare. (2) A variance may be granted in a specific case and from a specific provision of this chapter subject to appropriate conditions and where the Committee makes specific findings of fact, based on evidence relating to the particular case: (a) That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provision. (b) That the effect of the application of the provisions would be arbitrary in the specific case. (c) That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships and this arbitrary effect. (d) That such variance is in harmony with the general purpose and intent of this chapter in securing the public health, environment, safety and general welfare. E. If the notice is sustained, modified or extended, it shall become an order as so sustained, modified or extended. If the notice is withdrawn, the fee shall be returned to the petitioner. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Director of Public Health within 20 days after such notice is served. [Amended 9-8-1992 ] F. After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the Committee, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Director of Public Health within 20 days after such notice is served. G. The proceedings at such hearings, including the findings and decision of the Code Enforcement Committee, shall be summarized, reduced to writing by the Secretary and entered as a matter of public record in the office of the Director of Public Health and open to reasonable public inspection. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Director of Public Health or the Code Enforcement Committee may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state. H. Emergencies; immediate action by Health Officer. (1) In cases wherein conditions of extreme danger pose a threat to life and limb of occupants and where an immediate repair or replacement will correct the situation, the Health Officer shall be authorized to correct such emergency conditions by contracting with a competent person or persons to make repairs and/or replacements within 24 hours. (2) The cost of such service, which shall not exceed $500 shall be paid by the City of Norwalk within 90 days after the bill is presented. The costs incurred as aforesaid shall bear interest at the rate of 1% per month for each month after the expiration of said ninety-day period. (3) There shall be added to the expenses incurred by the city a sum of not to exceed 5% thereof as a service charge and an additional 10% of the expense thereof as a penalty. Said expenses, including interest, service charge and penalty, shall be collected from the owner by an action in the name of the city. (4) A lien in the name of the owner and describing the property repaired shall be filed in the land records of the city in an amount which shall include the expense incurred, together with the service charge and penalty as above provided for. Notice of said lien shall be sent to the owners and holders of mortgages on the property repaired.