Text of condemnation order city issued to Wah Lung

This is the order issued in relation to this story.

CITY of BRISTOL

BUILDING DEPARTMENT

111 North Main Street, Bristol, CT.  06010

OFFICE OF CHIEF BUILDING OFFICIAL

CONDEMNATION  ORDER

SENT CERTIFIED MAIL AND POSTED ON PROPERTY

February 10, 2014

Chen Xue Q

2 Divinity Street

Bristol, CT 06010

RE: 2 Divinity Street, Tax Assessor map # 49, and Lot # 11-1

Subject: Unsafe and unsanitary building

To Whom It May Concern:

As the owner of the property known as 2 Divinity Street  and 173 West Street in Bristol, Connecticut; I am hereby issuing this condemnation order that the structure be deemed uninhabitable due to unsafe, dangerous and unsanitary conditions and the persistent improper (lack of) property maintenance. On February 10, 2014, I observed numerous violations during my inspection with the Bristol/Burlington Health Department, Bristol Fire Marshal’s Office and the Mechanical Inspector from the Building Department.  I received a referral from the Director of the Health Department who’s employees were concerned that there existed unsafe conditions.

The following unsafe, dangerous and unsanitary conditions must be addressed before the condemnation order can be lifted and the building re-occupied:

1)      All garbage, refuse (rotted wood) and trash must be removed from the exterior of the premises, especially from areas at rear of building blocking rear egress.

2)      All windows and doors and surrounding trim of the building must be restored.

3)      The rear egress covered porch and stairs is unsafe due to failing structural members which must be rebuilt per building code after applying for a building permit.

4)      Heat must be restored.  Do not use portable heaters of any type as a primary heat source.

5)      The restaurant Hood and duct system must be cleaned of heavy grease build up.

6)      Remove damaged flue exhaust pipe from rear of building.

7)      Remove the peeling paint and restore exterior siding and trim where required.

8)      Smoker unit must be vented separately and not through the hood suppression system.

9)      Kitchen freezer condensate drain line must be plumbed to an in-direct waste outside the freezer unit.

10)  Unsanitary conditions in restaurant require that the wall, ceiling and floor coverings be re-placed-NOT RE-PAINTED.

11)  Confirm use of FOG required grease trap with Fran Baehr, Mechanical Inspector at 860-584-6216.

12)  Install code compliant doors and egress hardware to rear exit of kitchen area. Clear all ice and debris to allow safe passage of occupants.

13)  Comply with all requirements of Bristol/Burlington Health District.

14)  Comply with all requirements of the Bristol Fire Marshal’s Office.

15)  The inspection of the basement of the building and the three apartments are required to determine if there is any structural defects and fire hazards which may pose imminent danger to anyone occupying the structure and may result in additional restoration requirements.

Therefore, I am hereby ordering you do not occupy the structure known as, 2 Divinity Street and 173 West Street, Bristol CT except to correct the violations listed in this order. Failure to comply with this order will result in arrest by the Bristol Police Department. This order will not be lifted until all of the violations listed above are corrected and I receive confirmation from all City Departments involved.

Please call me at 860-584-6220 if you have any questions concerning this order.

Sincerely,

   

Guy R. Morin

Chief Building Official

Cc. Richard Lacey, Assistant Corporation Counsel

      Karen Wagner, Housing Inspector

      David Vanwie, Fire Inspector

      Charles Motes, Director of Bristol/Burlington Health District

      Phyllis Amodio, Supervisor, Bristol/Burlington Health District

 

You are in violation with the following City Property Maintenance Ordinances:

108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu­pants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

108.1.3 Structure unfit for human occupancy. A struc­ture is unfit for human occupancy whenever the code offi­cial finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the struc­ture constitutes a hazard to the occupants of the structure or to the public.

108.5 Prohibited occupancy. Any occupied structure con­demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code

109.1 Imminent danger. When, in the opinion of the code offi­cial, there is imminent danger of failure or collapse of a build­ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu­pation of the structure, or when there is actual or potential dan­ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Bristol Building Code Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately sat­isfied by other means.

302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu­pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions

304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay­resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Paint on the exposed

surfaces of the exterior shall not be cracked, chipped, blistered, flaking, loose or peeling so as to constitute a health hazard.  All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement

304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

304.5 Foundation walls. All foundation walls shall be main­tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man­ner that creates a public nuisance.

304.10 Stairways, decks, porches and balconies. Every exte­rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather­coating materials, such as paint or similar surface treatment.

304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes.

304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

304.15 Doors. All exterior doors, door assemblies and hard­ware shall be maintained in good condition. Locks at all en­trances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3

305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sani­tary condition. Every owner of a structure containing a room­ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan­cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

305.3 Interior surfaces. All interior surfaces, including win­dows and doors, shall be maintained in good, clean and sanitary condition. Paint on the exposed surfaces of the interior shall not be cracked, chipped, blistered, flaking, loose or peeling so as to constitute a health hazard.  Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.

305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be main­tained in sound condition and good repair.

305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head­ers or tracks as intended by the manufacturer of the attachment hardware.

307.1 Accumulation of rubbish, garbage and litter. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish, garbage and litter.

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of 65° in all habitable rooms, bathrooms, and toilet rooms.

603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.

603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com­pliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any pre­mises that do not comply with the requirements of this chapter.

702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the codes and standards referenced in chapter 8 of this code.

702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code

704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any com­bination thereof shall be maintained in an operable condition at all times in accordance with the codes and standards referenced in chapter 8 of this code. Single or multiple-station smoke alarms shall be installed in other groups in accordance with the codes and standards referenced in chapter 8 of this code. The provisions of this section shall be enforced retroactively to all existing residential structures.

Copyright 2014 All rights reserved. Contact Steve Collins at scollins@bristolpress.com

Council's code enforcement report questioned

Just when I thought this issue would fade away until after the election, kapow!, it is back on the campaign agenda. The following emails related to this report, issued by the entire City Council and Mayor Art Ward in September and read into the record by city Councilor Derek Czenczelewski at the September council meeting.
Here's an email that Democratic council hopeful Ellen Zoppo-Sassu sent to Czenczelewski this morning:

Hi Derek,

I have been playing with the numbers from my FOI request to you  based on the data you included in your Code Enforcement report to the City Council at the September meeting. 

 In those comments you said that “the City established the Code Enforcement Committee in 2008” and  claimed that  $1,121,417.27 in fines have been collected to date.

First, I found it intriguing that you claim that code enforcement began in 2008, when in fact the drive to tighten the City’s enforcement capabilities began in 2001. I am sure that Health Director Patricia Checko, Assistant Corporation Counsel Dale Clift, property owner Karen Pio, and the many city employees involved with revamping the City’s Property Maintenance Code would take issue with this statement.  

 But I was also curious about the dollar amount being touted.   I asked a few people in City Hall about it, but no one seemed to know exactly where the number came from which is why I did a FOI request for your report and the source information you used to compile it.  

 According to the data on properties that had been the subject of code enforcement actions, the total amount billed to code violators since 2008 was $1,339,044.28.  You then apparently subtracted $217,626.95 (which represents the amount that the City has not yet collected, but expects to) to reach your number of $1,121,417.27.

But you did not subtract fines which the City has deemed uncollectible, which total $384,467.72.  This is a misrepresentation of the numbers, or a case of you not understanding the data that you was given.

If you reduced $1,121,417.27 by the uncollectable amount of $384,467.72, it leaves you with only $736,949.55.   This is the true amount of code enforcement fees collected.  That’s an error of 35%.

Apparently no one questioned your report or your calculations during your presentation that evening. That's even more disturbing to me. 

I am also concerned that the members of the City Council, especially Councilman Cockayne, will interchange the terms “lien” and “fines”. A lien is not a fine. The $1,121, 417.27 figure does not represent fines – they are liens recorded in the City’s land records against these properties to recoup monies that the City of Bristol spent doing code enforcement to keep our buildings safe.

 Your presentation at the September City Council meeting also included the statement that “seven arrests were made over this span”  which is not true.  Infractions are not arrests.

 I commend you for submitting a report on blight and code enforcement at the September City Council meeting, especially in light of the events that have put the West End in the spotlight over the summer. Your report included data from code enforcement programs that have been in existence for a number of years prior to your election and the election of most of your colleagues on the Council. And while some might say that was simply an attempt to pad your presentation, I think it IS important that city resources be coordinated to provide a seamless network of services with common goals, and to avoid duplication.  The fact that this communication and coordination did not exist was the premise for several of us creating a comprehensive code enforcement program back in 2001.

In the 2 years since Democratic City Councilman Kevin McCauley left the Council and his role as chairman of the Code Enforcement Committee, City Councilmen have been noticeably absent from the monthly code enforcement meetings. That sends the clear message that code enforcement is not a policy priority for our current leaders…at least, not until it’s time to run for re-election.

I find it ironic that Ken Cockayne is running for mayor, boasting at the Chamber debate that he both works and lives adjacent to the West End and downtown neighborhoods he was elected to represent, yet he did not attend a single Code Enforcement committee meeting in the last 2 years.  According to the minutes, Councilmen Martin and Mills made occasional visits to the meetings. No one else did. Actions speak louder than words.

This is clearly too much of a "inside baseball" policy wonk discussion to have with voters 5 days before the election. I wish that it had been a discussion at the Chamber debate or that I had been able to drill down to these numbers sooner so we could have had a policy discussion about it. I look forward to correcting the misrepresentation after Election Day so that whatever the mix of new elected officials ends up being, they will have an accurate foundation from which to begin the next chapter of Code Enforcement over the next two years. 

Sincerely,

Ellen Zoppo-Sassu

And here is Czenczelewski's response to her, sent out about half an hour ago:

Ellen,

Thank you for your email. The numbers you are questioning came directly from information I received from the various department heads and City employees tasked with providing said information. I did not manipulate the numbers in any way. They were reported as they were given to me. 

I have CC'd each member who helped compile the information, as it sounds your greivance is with them, not me. Hopefully they will be able to correct any misinformation you found from your expert analysis.

Thank you,

Derek

And here is Zoppo-Sassu's response to Czenczelewski a few minutes after that:

Derek - 

I look forward to it.

And for the record, my "grievance" is most certainly not with any city employee who supplied you with exactly the information you requested. I am taking issue with how you calculated your numbers as represented in the report you read, from the material given to you by the city employees, at the September City Council meeting. If someone else wrote that report for you, please let me know and I will re-direct my question.

I stand by the number of $736,949.55.

And for the record, my email to you did not include any cc's or bcc's. That being said, since you chose to cc people, I encourage you to share it with your other Council colleagues and any others who endorsed the report as given in September. 

~Ellen

Anyone else have something I should share? Send it along!
Copyright 2013 All rights reserved. Contact Steve Collins at scollins@bristolpress.com

West End Association lays out plan

Here's what the West End Association proposed last night at the City Council meeting:

West End Association Proposals

 

1.   We ask the City to install a QUALITY CAMERA SYSTEM to keep an invisible eye on the main intersections. It is less expensive to watch camera monitors than it is to have two man patrols 24 hours a day all week long and it is very easy to review during slow times. We appreciate and need the current police efforts, and we ask the city to permanently fund the patrols to keep the situation under control and serve as a welcome outreach into the business community.

 

2.   We want to help establish a long term NEIGHBORHOOD AWARENESS PROGRAM. This program, with the help of the Association, would put together meetings with groups of residents to get them to know the local police officers and city officials, to hear the residents concerns, and to establish a good rapport. This will build trust and open up a line of dialog that doesn’t exist right now. Neighborhood watch signs would also act as a deterrent in the area.

 

3.   BRISTOL’S TAX FREEZE PROGRAM is a great way to encourage property owners to improve their properties, but it needs improvement. It needs an adjustment of the qualifying criteria so that a building does not have to be totally awful to qualify, and some major advertising. No one knows about it! A tax freeze is a great way to encourage improvements that are a win win situation for the city. Just imagine how many properties could be substantially improved with no loss of money to the city and a promise of future tax dollars? We also request an increase in the allocation to the business facade improvement program.

 

4.   We want the city to reestablish a regular APARTMENT INSPECTION PROGRAM. This program will establish guidelines for the safety, security and sanitation of every apartment throughout Bristol. This program, with input from landlords, will insure a fair and reasonable inspection process that is tough yet realistic. If we can establish this minimum standard and apply it to all residential apartments, we will insure that our residents have a safe, sanitary and secure place to live. This program should also create a tough no tolerance policy for any landlord that refuses to bring their property up to this minimum standard.

 

5.   The West End Association would like to work collaboratively with the City of Bristol on a plan to revitalize business in the neighborhood. Part of the plan would be to identify strategic underperforming properties, which if removed, would allow for more opportunities for future development. Available customer parking is a major concern for businesses in the area. We have some beautiful and classic buildings and these additional parking options must work to preserve the character and context of the neighborhood.  Through the strategic placement of new parking, both shared and municipal, we can achieve both goals.

 

Copyright 2013 All rights reserved. Contact Steve Collins at scollins@bristolpress.comHere

City leaders lay out "the facts on blight"

This was issued today by the entire City Council and Mayor Art Ward:

The Facts on Blight

Over the past few weeks, blight and code enforcement have been hot topics in Bristol. Suggestions have been made that this current City Council has not done “enough” to curtail blight and enforce codes. However, the facts of the City’s blight reduction and code enforcement efforts over the past six years, and particularly the last two, actually make an argument much to the contrary.

In 2008, the City established the Code Enforcement Committee, consistent of representation from the Chief Building Official, Director of Bristol/ Burlington Health District, Chief of Police or his designee, Zoning Enforcement Officer, Fire Marshal, Director of Public Works or their designees and chaired by a member of the City Council, currently Mayor Ward. This group meets monthly to coordinate the City's anti-blight and code enforcement measures. Since the creation of the Code Enforcement Committee, the number of code complaints received has totaled 7891, or approximately 1500 per year. The two years prior to the creation of this committee, the City had received just 129 complaints total.

The City has resolved 96% of the complaints received since 2008, and has billed violators a total of $1.34 million dollars, with approximately $1.1 million already collected. Seven arrests were made over this span, and since 2012, the number of abatement orders issued has increased by 40 percent.

In 2010 the City was able to further streamline and consolidate the process by assigning the duties of the former Code Enforcement Officer to a Lieutenant. This simple, yet effective consolidation measure was implemented after the Building Department and Police Department established the lack of a necessity for a full-time, Code Enforcement Officer. By merging the duties of the Code Enforcement Officer with the Lieutenant’s responsibilities, the City was able to cut costs while still performing the essential functions of the position.

But the City hasn’t just been cracking down on blight and enforcing housing codes, we have been approaching it and other quality of life issues through a multi-faceted approach. This approach has combined enforcement with incentives for private investment into these blighted properties.

In 2008, the City implemented a “Tax Assessment Freeze Program”. This program authorizes the Tax Assessor to freeze assessments of rehabilitated properties. The goal of the program is to help achieve the rehabilitation of blighted property by freezing the assessment of the property to a point established prior to rehabilitation. Once a certificate of occupancy is issued, the “freeze” lasts for a duration of five years.

However, if the property becomes the object of an enforcement action by any member of the Code Enforcement Committee during this time period, the adjusted assessment can be revoked by the City Assessor. Furthermore, if a property owner or the property owner’s spouse, business partner, or other entity associated with the property owner caused the blighted condition or violation of codes, they are exempt from participating in the program.

Since the creation of the program, 16 properties have participated. However, eight of the participating properties have occurred since 2012, with an additional eight applications currently pending. In other words, participation in the program has increased by 100% since 2012.

Between the 16 properties who have taken part in, and applied for the program since 2012, there has been over $1.1 million in private investment. The resulting impact has been a future increase in taxable assets, as well as a significant increase in property values at these locations, and for their surrounding neighbors. Pre-rehabilitation property values for these properties have averaged approximately $97,000. Post-rehabilitation property values have averaged approximately $171,000, an increase of about $74,000 on an average investment of about $69,000.

Another successful program has been the Bristol Development Authority’s Community Development Block Grant (CDBG) Home Rehabilitation program. Since 2008, the CDBG Home Rehabilitation Program has provided nearly $1.3 million in grants for renovations. The Home Rehabilitation Program allows qualifying homeowners the ability to receive a percentage of the renovation costs in the form of a grant. These funds come by way of the Federal government’s CDBG program. 532 units have been renovated utilizing CDBG funds since 2008.

The Council is continuing to work with City departments to create a comprehensive package and a marketing plan of all the incentives currently offered to private investors for the rehabilitation of blighted properties and code compliance measures. In addition, we have been working to create and implement a multi-family homebuyers program that will help promote more private homeownership, and ultimately, reduce the number of absentee landlords in the City. In the West End alone, over 40 percent of homes are owned by a landlord who does not live in Bristol.

The Mayor and the rest of the current City Council understand the importance of cleaning up the City, and have pushed for an even greater focus on blight and code enforcement over the past two years. Understanding the tough economic conditions facing the City, this administration has had to do more with less in order to avoid saddling our taxpayers with even greater expenses. Between the incentives offered to spur private investment, as well as the responsible appropriation of surplus funds when possible, this administration has tackled the issue with a sustainable approach that is both effective, and cost efficient.

Going forward, we will continue the progress gained with regard to these efforts. Blight and code enforcement will always be an on-going battle, but we are fully committed to continuing the positive momentum. With a little patience, increased private investment, continued responsible and sustainable City funding, and the continued community efforts exhibited by our wonderful neighborhood associations, we know this is a battle the city of Bristol will win.

Sincerely,

The Bristol City Council

-Mayor Arthur J. Ward

-City Councilor Eric Carlson

-City Councilor Ken Cockayne

-City Councilor Derek Czenczelewski

-City Councilor Henri Martin

-City Councilor David Mills

-City Councilor Mayra Sampson

Copyright 2013 All rights reserved. Contact Steve Collins at scollins@bristolpress.com

Jeffries: 'Pure grandstanding' by GOP's Cockayne

Democratic City Council contender Steve Jeffries sent along his thoughts in response to this story in today's paper:

The current City Council which also includes my opponent, Eric Carlson has in the last two years not shown an ounce of conern that code enforcement was a priorty worth maintaining or retaining.  Yet, they are now so willing to fund code enforcement with money that has or is coming back into the city, similar to that of when we as individuals find out we are due an income tax refund, and then actually receive it. 

Clearly this not only appears to be lip service but pure grandstanding on Cockayne's part which no doubt includes Carlson and the other Republican Council members now being on board.  Based on this, I am asking each and every reader to question this motive and of course, why now.  I am also asking every reader to start questioning this Republican leadership and what happened to their fiscal, concervative spending that was promised back in November of 2011.  In my opinion Cockayne and the Republicans continue to flip flop on important issues like Jenning School and waiving permit fees on certain non-profit organizations provided they meet a certain dollar value criteria.  Two tax increases, more spending on their watch without fully understanding how to really balance a city budget continues to be a recipe for disaster!  Do we really want to continue down this road?

Copyright 2013 All rights reserved. Contact Steve Collins at scollins@bristolpress.com

City hired unlicensed contractor to knock down house

For an emergency demolition a year ago, the city hired a contractor to tear down a Fall Mountain Road house.

However, the contractor, Letourneau Builders of 550 South St., that the city chose to raze a three-family home at 385 Fall Mountain Road owned by Melanie Church-Dlugokenski, was unlicensed.

After an investigation, state police last month charged Letourneau, 38, with engaging in the business of demolition without a certificate of registration from the state Department of Public Safety.

City Building Official Guy Morin, who condemned the house and gave Letourneau the order to demolish it, said Friday he thought Letourneau — who was registered by the state as a new home and home improvement contractor — was properly licensed.


“It was a mistake on my part that I didn’t confirm that he had the actual certificate in his hand,” said Morin. “It’s never happened to me before. It won’t happen again.”

Letourneau could not be reached for comment.

Mayor Art Ward said steps have been taken to ensure the city would never repeat the mistake.

“I was quite upset when I was informed about it,” Ward said Friday.

Morin said, though, that he has no second thoughts about whether the house needed to come down.

“It was unsafe. It was open to trespass. It was a catastrophe waiting to happen,” Morin said. “Part of the house had already collapsed.”

Letourneau charged the city $59,600 , a figure that Morin said included asbestos abatement, a job Morin said Letourneau gave to a sub-contractor. “It was a very big house and they did a lot of work,” said Morin.

Attorney Ralph Keen, who represents Church-Dlugokenski, said his client’s civil rights were violated.

Keen said Bristol Police Officer Tom Lavigne, who initially called Morin’s attention to the house, had no right to be on the property in the first place.

According to state police paperwork on the Letourneau case, on May 7, 2008, Lavigne “conducted an investigation of the property … upon reportedly observing an unregistered junk vehicle in the driveway.”

Lavigne looked around some more, the affidavit says, and then called Morin and asked him to inspect the structure.

Morin condemned the house that day, and he and Lavigne posted a notice of condemnation and “secured the perimeter with yellow barrier tape,” the affidavit says.

The following day, Morin ordered Letourneau to demolish the house, according to the affidavit. On June 18, more than a month later, Morin told the city assessor’s office that the building had been razed between June 16 and June 18.

Keen claimed that Letourneau arrived with bulldozers on May 8 and commenced demolition.

“Within one day, the house was essentially destroyed,” said Keen.

But Morin said there were no bulldozers or demolition equipment at the house on May 8.

“She had at least a whole month before anything was done there,” said Morin.

Though Keen acknowledged that the house “wasn’t pristine,” he and Morin differed on the severity of its problems.

“Animals were living in it. Beams were falling in,” said Morin, who said work on the house had been done incorrectly, contributing to the problem. He said there were several additions to the structure and that some of the worst damage was behind an attached garage.

“The roof had caved in. The floor had rotted out. It was unsafe,” Morin said. “There was imminent danger that the main house was going to collapse.”

Keen said the owner’s husband, Don Dlugokenski, was living in the house, but Morin said he saw no sign that anyone was living there.

“It was a total disaster inside the house,” said Morin.

Not so, said Keen.

“The house had stood there in that condition for months,” said Keen.

While Keen admitted that there were “issues” with the roof and some parts had fallen in, that raccoons had moved in – and some had died in the house – he said there was nothing dangerous about it. It was a big house, and no one was living in the problem areas, said Keen, who said it was in the process of being repaired.

Keen maintains that his client, who lives in Terryville, was away in Florida during the demolition and that she didn’t know what was happening until she returned home and found a letter from the city and her house gone.

Morin said it didn’t happen that way. He said there was plenty of time for the owner to make repairs or halt the demolition process.

He issued an order to the owner to repair, but got no response, Morin said.

“She took no action to stop it,” said Morin. “She was happy it was coming down. She had an insurance policy that included demolition of the building.”

It was only after the insurance company decided that it was the owner’s neglect that brought on the problems and wouldn’t pay out, said Morin, that the owner became upset.

Keen said that’s “ludicrous,” that no homeowner has insurance that covers demolition. She had insurance, he said, but she’s still discussing the settlement.

Morin, he said, is “begging for cover” and the city is busy trying to cover its tracks.

Church-Dlugokenski is “emotionally distraught” about the demolition, said Keen.

No lawsuit has been filed over the demolition, said Keen, but one is pending.

Since the Fall Mountain Road house, Morin said Letourneau hasn’t done any other demolition for the city, but has done some boarding up work because, he said, “None of the other contractors were available.”

As the city’s building official, Morin signed Letourneau’s application to the state for a demolition license.

Letourneau told Morin and other contractors that he got the license, said Morin.

“I think he really believed he had a license,” said Morin. “I don’t know why it wasn’t granted.”

City has new procedures now

A month before hiring an unlicensed contractor to tear down a Fall Mountain home on an emergency basis, the city solicited bids from demolition companies interested in getting calls when the building office needed a structure torn down quickly.
The timing was unfortunate, though, because the bids were due on May 12, just after the city hired Dan Letourneau Builders to handle the Fall Mountain Road job.
By June, the City Council had chosen three city firms to handle the emergency work, turning down Letourneau’s bid along with a handful of others.
Purchasing Agent Roger Rousseau said the council established a one-year contract with the firms so that officials would call them on a case-by-case basis if a building had to come down unexpectedly.
He said officials opted to create the list, he said, because they knew that a vigorous new code enforcement effort might lead to a number of emergency demolitions. They wanted to be ready, he said.
The companies that were picked were checked to ensure they had the necessary licenses, Rousseau said.
Once the mistake with Letourneau Builders was recognized last summer, officials paid special attention to the issue.
“We took steps to ensure it won’t recur,” Mayor Art Ward said. By adding more checks and balances to the process, he said, there shouldn’t be any more mistakes.
This year, as the contract ended, the city decided to create a different policy.
Rousseau said that if the building official orders a building razed, the purchasing office will call companies in the business and get price quotes. Before accepting the lowest, he said, the contractor will be checked out to make sure it can do the job legally.
An emergency demolition would require the approval of the mayor and Board of Finance chairman, Rousseau said, as well as a report to the finance panel at its next meeting.
Rousseau said he’ll make sure everything’s done right.
“Everything has to be shown in accordance with all the appropriate qualifications,” Ward said.

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Copyright 2009. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Tenants gain voice on city code panel

Landlords won’t have quite the same clout on the city’s Code Enforcement Committee that oversees the crackdown on blight and other code violations involving property.
City councilors this week revised the committee’s membership to add a tenant representative to the panel, which already had a member looking out for landlords.
But instead of giving the tenant member the opportunity to vote, councilors opted to strip the voting power of the landlord representative, leaving both positions without a vote on decisions made by the committee.
City Councilor Craig Minor, who heads the Ordinance Committee, said that both the landlord and tenant members can discuss issues and raise new topics.
But since neither will have a vote, they won’t “complicate the actions of the committee.”
At the same time, councilors also added another voting member of the panel, the superintendent of the water department.
The new makeup of the committee includes the police chief, a code enforcement police officer, the zoning enforcement officer, the director of health, the fire marshal, the public works director, the chief building official and the water superintendent.
The revised law also says that “two city electors appointed by the mayor, one of whom represents the interests of property owners within the city and one of whom shall be a tenant” are to have non-voting roles in the committee.
The Code Enforcement Committee has been in the forefront of the city’s longtime effort to combat blight, improve the condition of rental housing and otherwise spruce up the community.
It brings up issues and violations of building, housing, health, zoning and other property-related codes. It also makes recommendations to the appropriate enforcers to seek compliance with the codes when it finds conditions that fall short of what the law mandates.

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Copyright 2009. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Police to shift officer away from code enforcement

The police officer assigned to code enforcement issues for the past several years -- lending a hand to the fight against blight -- is returning to patrol duties for at least the summer.
Police Chief John DiVenere said he’s putting Officer Tom Lavigne back on the road to help cope with a shortage of officers during the department’s busiest season.
“I need bodies on the road,” the chief said Monday.
City councilors created the code enforcement officer position a few years ago with the provision that it focus on issues related to blight, housing and other items connected to a crackdown on code violations.
City Councilor Kevin McCauley said he is concerned about the chief’s plan to shift Lavigne away from code enforcement given the strong success of the effort in recent years.
Building Official Guy Morin has credited Lavigne’s presence for contributing to the willingness of violators to comply with municipal orders to clean up, fix up and otherwise obey the law.
Mayor Art Ward said that he understands DiVenere’s aim “to limit some of the overtime” by putting Lavigne, a former city councilor, back on patrol duties.
He said that during the summer there isn’t as much need for a full-time code enforcement officer and that the program’s success has also made the officer less crucial to the effort.
“We’re trying to look at the whole situation” in terms of public safety, saving money and enforcing the law, the mayor said.
He said that perhaps Morin will be able to schedule specific times where Lavigne can help with code enforcement instead of having him available more often.
DiVenere said that might be possible, but cautioned that every police officer is charged with enforcing the city’s laws and can serve in the same capacity as Lavigne.
DiVenere said his department is down “eight or nine officers” heading into the busy summer months.
Three slots are vacant, while three officers are out on long-term medical leave and two more are on military leave, the chief said.
Combined with the need to let officers take vacation during the summer, DiVenere said, he needs more people on patrol so that he doesn’t push up overtime costs or turn down reasonable vacation requests.
He said that putting Lavigne on patrol will save thousands of dollars for taxpayers.
Moreover, DiVenere said, the extra flexibility may make it possible for him to avoid layoffs as the city looks for ways to cut back on spending during the fiscal crisis that has sapped extra money from every municipal department.
The chief said police are facing “an emergency” situation with the budget and putting Lavigne on patrol for the summer shift that runs from June to August is one way to handle it.
He said that after the summertime shift is over, Lavigne or a different police officer will again be assigned to code enforcement duties.
“We will have a code enforcement officer again,” DiVenere said.

For more background, see this March 2008 memorandum from city Councilor Craig Minor.

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Copyright 2009. All rights reserved.
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City ordinance hearing tonight postponed

Sent by city Councilor Craig Minor this morning:

Due to the weather, the Public Hearing on proposed changes to the Code Enforcement Committee will be "opened" tonight to comply with legal notice requirements, but will be immediately "continued" to Wednesday, February 4, at 6 pm at a location TBD depending on room availability. No testimony will be received tonight, so there is no need for anyone to attend.

The regular meeting of the Ordinance Committee is also hereby postponed to Wednesday, February 4 at 6:30 pm.  Location TBD.

Craig Minor, Chairman

Ordinance Committee

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Copyright 2009. All rights reserved.
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New law would encourage owners to renovate blighted buildings

The city is pondering a new law that aims to help get blighted property renovated by offering owners as assessment freeze so that improvements don’t push up property taxes for five years.
“I’d like to get it on the books as soon as possible and get using it,” said Guy Morin, the city’s building official.
Dale Clift, the city attorney, said the proposed ordinance “would encourage people to purchase” buildings targeted by the city for code and blight problems and to fix them up.
“It gives the developer a break,” Clift said, that should encourage more people to overhaul decrepit housing.
Karen Pio, the president of the Greater Bristol Property Owners Association, said the proposal “can only help Bristol” because the city is not collecting taxes on structures when they are “in a blighted state or abandoned.”
“This is a great ordinance and it will help the city,” said Police Officer Tom Lavigne, a former city councilor who spends most of his time on code enforcement issues.
Lavigne said that that with recent changes in the city’s statutes, code enforcers can find problem properties and take action to crack down on them.
But, he said, the proposal to waive property taxes for five years “makes us come full circle” because it provides a carrot rather than just a stick for officials to use to try to make improvements.
Pio, who owns rental property, said the proposed law would give “more incentive to buy and fix” houses that need a substantial amount of renovation.
Clift said it may serve in many cases to put blighted buildings “back on the tax rolls” instead of sitting empty and racking up unpaid tax bills.
Morin said he hopes that if the City Council adopts the measure, it will help “avoid demolitions” of structures that might be saved if there was something to help owners repair them.
Passing the law, Morin said, would tell people “we want you to invest in our city.”
Officials said that qualifying for an assessment freeze will require property owners to make a substantial investment.
“Not just paint a little polish,” Morin said.
City Councilor Kevin McCauley said that officials have put a lot of work into the proposed statute.
“Obviously, the goal is to raise the bar,” Lavigne said, with the intent of improving the quality of life in town.
City Councilor Craig Minor said that the measure may help “to preserve affordable housing” for residents.
The Ordinance Committee is likely to approve the proposal in October, with city councilors probably enacting it the following month. It may be on the books by December.

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Tougher property maintenance codes to come?

City leaders are eyeing the possibility of adopting a new property maintenance law that’s being used by cities across the world.

Building Official Guy Morin, who is urging passage of the “international property maintenance code,” said its terms would “fill in all the holes” in Bristol’s current rules.

“It’s very well thought out and put together,” Morin said. “They seem to have taken everything into account.”

The city’s Ordinance Committee is reviewing the idea, but is a long way from adopting the proposed change.

This month, the city wiped out its Blight Committee, folding it into a new Code Enforcement Committee that will have the power to enforce laws governing both the outside appearance and inside structure of buildings in Bristol. The new law takes effect soon.

But the measure sought by Morin would give the city even more clout.

“It just enhances our ability to enforce” the rules, said city Councilor Kevin McCauley. “I’m quite comfortable with this.”

“It adds another tool in our toolbox,” said Police Officer Tom Lavigne, who is assigned full-time to code enforcement issues.

Lavigne said the proposed code would “standardize the inspection process” and ensure fairness for everyone.

“We want it to be equal among all the homeowners” in town, Lavigne said.

Dale Clift, the newly appointed city attorney, said he would want to make sure that if the new code is adopted, lawyers need to make sure it doesn’t conflict with existing statutes. He said it’s important to dump outdated sections of the ordinance book that might not fit the terms of what’s called for in the new code urged by Morin.

“We don’t want to get into a tax code situation,” Clift said, in which it’s hard to know what the law requires because sections don’t mesh with one another.

Clift said that city lawyers will have to work on the issue.

Morin said he’s glad that the idea is going forward.

He said there are “big voids” in the current laws laying out how officials carry out inspections and enforce regulations.

The proposed code, Morin said, is very clear about penalties, the notice that must be given to property owners and who carries out the enforcement.

“It covers everything we do and standardizes the process,” Lavigne said.

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Blight Committee bites the dust

The city’s Blight Committee, created a decade ago to spearhead a “war on blight,” has been tossed on the trash heap.
In its place will be a new Code Enforcement Committee with more far-reaching power that can deal with both the appearance and structural integrity of property within the city.
“It streamlines the process,” said city Councilor Ken Cockayne, who called the change a great move.
The new law says that all structures in the city should be free of abandoned vehicles, nuisances, refuse, pollution and filth.Under the terms of the new statute, the exterior can’t have broken glass, loose shingles, holes, cracked or damaged siding, crumbling brick or other conditions “reflective of deterioration or inadequate maintenance.”
Violators face $100-a-day fines that can pile up quickly if property owners refuse to comply with orders to clean up unsightly or unhealthy conditions.
“The bar has been raised,” said city Councilor Kevin McCauley, who helped push for the change.
Both McCauley and Cockayne said that aggressive new efforts to crack down on blight and code problems are already making a difference.
McCauley said the team approach taken to push for code enforcement is helping to educate property owners about legal requirements and assisting them in tackling the problems they have.
Police Officer Tom Lavigne, who focuses on code issues, and Building Official Guy Morin like to go together to deal with property owners who have problems that need attention."We always take a friendly approach," Lavigne said, because the goal is voluntary compliance. The pair try to let people know about programs that might help them comply with the law."It's an educational effort as much as an enforcement effort," Mayor Art Ward said.City Councilor Mike Rimcoski said he went out with the pair on some calls and found they were getting much success out of taking a helpful approach instead of a confrontational one.City Councilor Kevin McCauley said that the team approach has made a difference.
Both Bristol Hospital and the Greater Bristol Chamber of Commerce called for passage of the new law, which will take effect in a couple of weeks.
The meetings of the new committee are open to the public. Its records will also be available under state open government rules.

Who would serve on the Code Enforcement Committee?
* Police Chief
* A police officer designated to do code enforcement
* Zoning enforcement officer
* Health director
* Fire chief or his designee
* Public works director
* Chief building officer
* A citizen appointed by the mayor


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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

New anti-blight law heads to City Council on April 8

A tough new proposal that aims to ease the way for City Hall to crack down on messy, unsafe properties is on the fast track to approval.
The city’s Ordinance Committee unanimously backed the proposed statute Wednesday, opening the door for the City Council to enact it on April 8.
The move won the endorsement of both Bristol Hospital and the Greater Bristol Chamber of Commerce this week, which helped spur the three-person panel to act quickly.
“This is an important step,” said former Mayor John Leone, president of the chamber. “We are going to set the bar higher.”
What officials hope the new law will do is allow them to pressure recalcitrant property owners to clean up or fix up their property before it drags down the surrounding neighborhood.
Dale Clift, an assistant city attorney, said there is “a lot of overlap” between the existing blight ordinance and the code enforcement effort. The new proposal would combine them so that both can be more effective, he said.
One reason the push has won such strong support is that residents are happy with the way Building Official Guy Morin and police Officer Tom Lavigne, who deals with code-related issues, have handled enforcement in recent months.
“It’s tremendous to see the difference it’s made,” said Sue Roesch, a Federal Hill resident.
Karen Pio, president of the Greater Bristol Property Owners Association, said the pair has done a good job of offering suggestions to owners on how to comply with the law, not just cracking the whip.
She said they don’t make landlords feel like slumlords. They’re just trying to get people to comply with the rules.
But they’ve also issued many citations to violators, including two they gave to Pio.
Pio thanked them for singling her out. “It got my son my son off his butt end,” she said.
Tim Furey, chairman of the hospital board, said that the hospital has seen “a spiked increase” in the use of its emergency room by people who may be living in substandard dwellings.
He said the community’s health is being affected and the new law is “vital” so that medical care focused on the wellness of the entire community can continue.
The ordinance panel, chaired by Councilor Craig Minor, opted not to go along with a provision urged by Pio that would let the city give 90-day extensions to those targeted if they are making good faith efforts to comply but have limited resources.
With the economy sagging, she said, “there are going to be people crying” who simply can’t afford the expense involved.
“They are going to be hard-pressed to fix everything,” Pio said.
But councilors said that enforcement agents such as Lavigne have the discretion to come down hard on some while quietly lending a hand in other situations.
Lavigne said that discretion is a key part of law enforcement.


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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

More on code enforcement cop

On March 7, city Councilors Craig Minor and Kevin McCauley met with Police Chief John DiVenere to go over the issues related to the code enforcement police officer position that has been held by Tom Lavigne since its creation. Lavigne is a former city councilor.
After the meeting, Minor wrote an email to the chief laying out what they discussed. He released that email to me today after I made a Freedom of Information request to him. Here it is:

Chief:

This is my understanding of what was said at our meeting on Friday, March 7. Please let me know if I got anything wrong.

1. Job Description. Chief DiVenere is fully supportive of having a police officer assigned to do code enforcement full time. However, designating an officer as the Code Enforcement Police Officer would be a bad precedent and in fact is something that the City has historically resisted doing. The duties of the officer assigned to code enforcement could however be spelled out as with other officers who are assigned to specific duties, such as the youth officer and the traffic officer. As with all other officers, the officer assigned to code enforcement is subject to being temporarily reassigned if the Police Department is under-strength or during an emergency, but this is not expected to happen more than once or twice a year, if at all.

2. Overtime. All officers are authorized eight hours of overtime during each three week period. Additional overtime may be approved by the supervisor of the officer assigned to code enforcement provided the officer requests it in writing and provides justification, and it will not be unreasonably denied. Such additional overtime would be requested only if necessary to meet with property owners who are not available during the normal work day or to occasionally appear before City boards and commissions, but not to attend meetings of neighborhood associations and civic groups.

Diane Ferguson pointed out that per the union contract, whenever another City department pays for the overtime of an officer to perform duties for that department it is treated as extra duty and has to be offered to any officer in turn (Craig asked her to provide the documentation on that). Therefore it is not feasible to put funding for overtime in the Code Enforcement Committee s budget.

3. Normal Working Hours. The option exists for the officer assigned to code enforcement to occasionally alter the hours of his shift to include
evening hours, such as from 11:00 am to 7:00 pm.

4. Vehicle. The officer assigned to code enforcement will be assigned a vehicle marked Code Enforcement . As with any other assigned vehicle, however, this vehicle is subject to being used by other officers as needed during other shifts or in an emergency.

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Hearing on March 26 for new code enforcement law

A public hearing on a proposal to blend together the blight and code enforcement laws is slated for March 26.
The proposed ordinance, which could be adopted by the City Council as soon as April, requires property owners to maintain the structural integrity and appearance of their homes and other buildings. It covers every property in the city.
With strong police support, the new measure “will change the landscape of Bristol,” said Guy Morin, the city’s chief building official.
Violators face $100-a-day fines that can pile up quickly if property owners refuse to comply with orders to clean up unsightly or unhealthy conditions.
A decade after initially declaring war on blight, city leaders are changing direction in part because they found the existing system allows recalcitrant owners to drag out proceedings for years in costly court fights.
The new code enforcement crackdown would allow officials to write citations that rack up fines quickly. They also have more clout to order cleanups fast – or make sure the work is done by someone at the owner’s expense.
In general, the ordinance eyed for passage says that allowing substandard property has a negative impact on the city’s economic well-being and is “harmful to the health, safety and welfare of residents.”
By requiring cleanups or repairs, the proposed law says, the “adverse conditions” can be fixed so that the community is no longer hurt.
The alternative to taking action, according to the proposed measure, is that “undesirable conditions will grow and spread, necessitating future expenditures of large amounts of public funds to correct and eliminate.”
The Ordinance Committee hearing is slated for 6 p.m., Wednesday, March 26 in the meeting room on the first floor of City Hall.

Angry with the chief
The city’s chief building official said he had “had it up to here” with Police Chief John DiVenere’s refusal to provide solid support for the full-time code enforcement officer created within his department.
City Councilor Kevin McCauley said the code enforcement officer within the Police Department “is an integral part of our vision” in cracking down on property owners who refuse to clean up or fix up.
The City Council needs “to lock into this position” and make sure DiVenere doesn’t assign the officer, currently Tom Lavigne, to other public safety tasks.
DiVenere said, though, that he understands the code enforcement officer is a full-time position that the council created and still wants. He said he’s not a roadblock to its effectiveness.
McCauley said the city has “invested time and training” in Lavigne and the officer has become a key cog in educating property owners about the law and making sure they obey it. Lavigne is a former city councilor.
Councilors said they want Lavigne as the key police representative on the code enforcement committee.
“I want the Police Department to have a voice on this committee,” Morin said.
As the proposal currently stands, the panel will include the code enforcement police officer and the police chief, which ought to satisfy Morin’s concerns.

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

City aims to fight blight with a new committee

A decade after the city launched a so-called war on blight, the special committee formed to spearhead the effort may soon close up shop.
Instead of having a Blight Committee, city officials are planning to enact new legislation that would fold the panel into Bristol’s code enforcement effort.
The change will make it “so we can move in a quicker, more defined manner,” said Guy Morin, the city’s chief building official.
City leaders have long complained that the blight panel could not force property owners to spruce up their holdings without going through a long, costly legal process.
The new system that city councilors plan to create relies on code enforcement officials writing citations that rack up fines quickly. They also have more clout to order cleanups fast – or make sure the work is done by someone at the owner’s expense.
Councilors plan to approve new legislation to make the statutory revision at their March meeting. It would take effect in the spring.
Generally, code enforcement has been a priority for the city for the last few years, with a focus on forcing property owners to keep up the structural integrity and safety of buildings, especially rental apartments. The crackdown led to a new housing code and beefed up citation powers.
The new wording proposed by the Ordinance Committee would add language requiring property owners to keep up the outside appearance of structures as well.
The proposed law says that all structures should be free of abandoned vehicles, nuisances, refuse, pollution and filth.
Under the terms of the proposed statute, the exterior can’t have broken glass, loose shingles, holes, cracked or damaged siding, crumbling brick or other conditions “reflective of deterioration or inadequate maintenance.”
Most of the officials who have served on the Blight Committee will also serve on the code enforcement panel.
The sole exception is the Bristol Development Authority’s director, who is getting dumped from the committee. The fire marshal, who has been on the blight panel, may continue to serve. It’s up to the fire chief to choose someone from his department.
Getting added to the oversight panel are the police chief, public works director, zoning enforcement officer and the police officer assigned to code enforcement work.
City Councilor Kevin McCauley, who has been championing the change, said that “blending these two committees” will make it easier for the city to clean up troubled properties and ensure neighborhoods are protected from creeping blight.
Officials said the panel will try to work with property owners to help them comply with the law.
Only those who won’t take care of their property will wind up facing fines of up to $90 a day.

Who would serve on the Code Enforcement Committee?
* Police Chief
* A police officer designated to do code enforcement
* Zoning enforcement officer
* Health director
* Fire chief or his designee
* Public works director
* Chief building officer
* A citizen appointed by the mayor

Click here to read the proposed law (please note that the final section, 5-57, remains in committee while councilors reconsider its language; the rest of it, however, is headed to the council for final approval)

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Read proposed laws for yourself

I'm not sure why the city itself doesn't do this, but I've uploaded the drafts of three of the proposed statutes that the Ordinance Committee recommended the City Council adopt next month.
Here they are, in PDF form:

Combining the blight and code enforcement committees (please note that the final section, 5-57, remains in committee while councilors reconsider its language; the rest of it, however, is headed to the council for final approval)

Barring convicted child sex offenders from parks and schools

Cracking down on wayward shopping carts

And here's the text of a proposed legal change that's still under consideration by the Ordinance Committee, which seeks to regulate newspaper boxes:

Newspaper box regulation

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Code enforcement serious business

Since April, there have been 26 arrests made in connection with enforcing the city's laws for keeping up property.
Officials also point to the 252 junked cars that were towed away and to the cleanup of a number of troubled properties.
"We've had some great progress," said Police Officer Tom Lavigne, who is detailed to code enforcement work. Lavigne is a former city councilor.
Lavigne and Building Official Guy Morin like to go together to deal with property owners who have problems that need attention.
"We always take a friendly approach," Lavigne said, because the goal is voluntary compliance. The pair try to let people know about programs that might help them comply with the law.
"It's an educational effort as much as an enforcement effort," Mayor Art Ward said.
City Councilor Mike Rimcoski said he went out with the pair on some calls and found they were getting much success out of taking a helpful approach instead of a confrontational one.
City Councilor Kevin McCauley said that the team approach has made a difference.
Once the blight ordinance is revised, he said, the arsenal will be even stronger for officials to use in their bid to make the city safe and clean.
"It's time the slumlords in town learn the city means business," said city Councilor Ken Cockayne.
It appears, though, at least 26 of them got the message already.

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Copyright 2008. All rights reserved.
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Abolish Blight Committee?

A decade ago, Mayor Frank Nicastro launched a war on blight in Bristol with a new ordinance aimed at combatting crummy-looking properties and a new committee to enforce it.
While the effort certainly focused attention on the problem -- and managed to get a fair number of owners to spruce up, some reluctantly -- city leaders have said for years they'd like to see a more comprehensive, faster crackdown than the existing system allows.
Mayor Art Ward said he'd like the Ordinance Committee to take another look at the system.
He said he's eyeing the possibility of asking the panel to wipe out the Blight Committee and fold the oversight of blight laws into the existing code enforcement led mostly by the Building Department.
Ward said that making the blight fight a normal part of city employees' jobs may make it easier to crack the whip on troublesome properties.

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Copyright 2007. All rights reserved.
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