2005 Connecticut Code - Sec. 47a-58. (Formerly Sec. 19-347s). Notice of violation. Penalty. Injunctive relief.

      Sec. 47a-58. (Formerly Sec. 19-347s). Notice of violation. Penalty. Injunctive relief. (a) Any enforcing agency may issue a notice of violation to any person who violates any provision of this chapter or a provision of a local housing code. Such notice shall specify each violation and specify the last day by which such violation shall be corrected. The date specified shall not be less than three weeks from the date of mailing of such notice, provided that in the case of a condition, which in the judgment of the enforcing agency is or in its effect is dangerous or detrimental to life or health, the date specified shall not be more than five days from the date of mailing of such notice. The enforcing agency may postpone the last day by which a violation shall be corrected upon a showing by the owner or other responsible person that he has begun to correct the violation but that full correction of the violation cannot be completed within the time provided because of technical difficulties, inability to obtain necessary materials or labor or inability to gain access to the dwelling unit wherein the violation exists.

      (b) When the owner or other responsible person has corrected such violation, he shall promptly, but not later than two weeks after such correction, report to the enforcing agency in writing, indicating the date when each violation was corrected. It shall be presumed that the violation was corrected on the date so indicated, unless a subsequent inspection by the enforcing agency again reveals the existence of the condition giving rise to the earlier notice of violation.

      (c) Any person who fails to correct any violation prior to the date set forth in the notice of violation shall be subject to a cumulative civil penalty of five dollars per day for each violation from the date set for correction in the notice of violation to the date such violation is corrected, except that in any case the penalty shall not exceed five hundred dollars per day nor shall the total penalty exceed seventy-five hundred dollars. The penalty may be collected by the enforcing agency by action against the owner or other responsible person or by an action against the real property. An action against the owner may be joined with an action against the real property.

      (d) In addition to the penalties specified in this section the enforcing agency may enforce the provisions of this chapter or a local housing code by injunctive relief pursuant to chapter 916.

      (P.A. 74-345, S. 2; P.A. 79-276, S. 2; 79-571, S. 94.)

      History: P.A. 79-276 substituted "enforcing agency" for "designated authority or authorities" and "this chapter or a local housing code" for specific listing of applicable sections in Subsec. (d); P.A. 79-571 rephrased provision re five-day deadline for correction of violation in Subsec. (a); Sec. 19-347s transferred to Sec. 47a-58 in 1981.

      Cited. 13 CA 1, 10.

      Subsec. (a):

      Cited. 235 C. 360, 388; see also 40 CA 219 et seq.