Bill Text: CT HB05480 | 2016 | General Assembly | Introduced
Bill Title: An Act Concerning The Establishment Of A Loan Fund To Remediate Blighted Properties.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-04-12 - Referred by House to Committee on Appropriations [HB05480 Detail]
Download: Connecticut-2016-HB05480-Introduced.html
General Assembly |
Raised Bill No. 5480 | ||
February Session, 2016 |
LCO No. 2059 | ||
*02059_______PD_* | |||
Referred to Committee on PLANNING AND DEVELOPMENT |
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Introduced by: |
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(PD) |
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AN ACT CONCERNING THE APPLICATION OF LIENS RESULTING FROM UNPAID BLIGHT FINES, THE ESTABLISHMENT OF A LOAN FUND TO REMEDIATE BLIGHTED PROPERTIES, THE ESTABLISHMENT OF A TASK FORCE TO STUDY HOARDING AND THE MAINTENANCE OF PROPERTIES IN FORECLOSURE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 7-148aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Any unpaid penalty imposed by a municipality pursuant to the provisions of an ordinance regulating blight, adopted pursuant to subparagraph (H)(xv) of subdivision (7) of subsection (c) of section 7-148, shall constitute a lien upon the real estate against which the penalty was imposed from the date of such penalty. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens. Each such lien shall take precedence over all other liens filed after July 1, 1997, and encumbrances except taxes and may be enforced in the same manner as property tax liens.
(b) Any unpaid penalty described in subsection (a) of this section may be secured by a lien placed upon any real estate in the state owned by the same person that owns the real estate on which such lien is placed.
Sec. 2. (NEW) (Effective July 1, 2016) (a) For the fiscal years ending June 30, 2017, June 30, 2018, and June 30, 2019, the Secretary of the Office of Policy and Management shall establish a housing revitalization program in distressed municipalities, as defined in section 32-9p of the general statutes, and in municipalities eligible to receive a community development block grant pursuant to the provisions of 42 USC 5301 et seq. The purpose of the program shall be to provide to persons who own residential property within such municipalities loans for the purpose of making home repairs, including, but not limited to, installing siding or other exterior finishes, replacing windows and replacing or repairing furnaces and roofs. Any available funds for the program shall be divided equally among the eligible municipalities.
(b) The chief executive officer of each eligible municipality that participates in the housing revitalization program shall designate a municipal officer or employee to administer the program. Such administrator shall make such loans available to persons who own residential property in census tracts (1) in which twenty-five per cent or more of individuals or families have income below the poverty level, as determined by the most recent United States census, as officially updated by the appropriate state agency or institution, and (2) identified by the municipality as suitable for the program. Any such loan shall be repaid by means of a special assessment placed on the residential property.
(c) To receive a loan pursuant to the housing revitalization program, applicants shall submit an application to the administrator on a form approved by the secretary together with any documentation required by the administrator demonstrating that the applicant meets the eligibility criteria set forth in subsection (a) of this section.
Sec. 3. (Effective from passage) (a) There is established a task force to study issues concerning hoarding. The task force shall (1) review current methods used by various public agencies to address hoarding, (2) identify barriers faced by public agencies to intervene and assist persons who compulsively hoard, and (3) create a framework to coordinate the efforts among state and local public agencies to address the public safety and health issues associated with hoarding.
(b) The task force shall consist of the following members:
(1) Two appointed by the speaker of the House of Representatives, one of whom shall be a member of the Connecticut Fire Marshals Association and one of whom shall be an attorney with experience representing municipalities;
(2) Two appointed by the president pro tempore of the Senate, one of whom shall be a member of the Connecticut Police Chiefs Association and one of whom shall represent the Connecticut Conference of Municipalities;
(3) One appointed by the majority leader of the House of Representatives, who shall be a representative of the legal aid assistance programs in the state;
(4) One appointed by the majority leader of the Senate, who shall be a representative of a mental health advocacy center;
(5) One appointed by the minority leader of the House of Representatives, who shall be a local building inspector;
(6) One appointed by the minority leader of the Senate, who shall be a local animal control officer;
(7) Three appointed by the Governor, one of whom shall be a physician with experience in treating persons with compulsive disorders, one of whom shall be a representative of a municipal human services department and one of whom shall be a local health director;
(8) The Commissioner of Emergency Services and Public Protection, or the commissioner's designee;
(9) The Commissioner on Aging, or the commissioner's designee;
(10) The Commissioner of Public Health, or the commissioner's designee;
(11) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;
(12) The Commissioner of Social Services, or the commissioner's designee;
(13) The Chief's State Attorney, or his or her designee;
(14) The State Building Inspector, or his or her designee;
(15) The State Fire Marshal, or his or her designee;
(16) The Chief Animal Control Officer, or his or her designee; and
(17) The executive director of the Commission on Aging, or the executive director's designee.
(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5), (6) or (7) of subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security shall serve as administrative staff of the task force.
(g) Not later than January 1, 2018, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2018, whichever is later.
Sec. 4. Section 7-148ii of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any person who, on or after October 1, 2011, commences an action to foreclose a mortgage on residential property shall register such property with the town clerk of the municipality in which the property is located at the time and place of the recording of the notice of lis pendens as to the residential property being foreclosed in accordance with section 52-325. Such registration shall be maintained by the municipality separate and apart from the land records.
(b) Registration made pursuant to subsection (a) of this section shall contain (1) the name, address, telephone number and electronic mail address of the plaintiff in the foreclosure action and, if such plaintiff is an entity or an individual who resides out-of-state, the name, address, telephone number and electronic mail address of a direct contact in the state, provided such a direct contact is available; (2) the name, address, telephone number and electronic mail address of the person, local property maintenance company or other entity serving as such plaintiff's contact with the municipality for any matters concerning the residential property; and (3) the following heading in at least ten-point boldface capital letters: NOTICE TO MUNICIPALITY: REGISTRATION OF PROPERTY BEING FORECLOSED. The plaintiff in the foreclosure action shall indicate on such registration whether it prefers to be contacted by first class mail or electronic mail and the preferred addresses for such communications. Such plaintiff shall report to the town clerk of the municipality in which the property is located, by mail or other form of delivery, any change in the information provided on the registration not later than thirty days following the date of the change of information. At the time of registration, such plaintiff shall pay a land record filing fee to the municipality as specified in section 7-34a.
(c) Any person in whom title to a residential property has vested on or after October 1, 2011, through a foreclosure action pursuant to sections 49-16 to 49-21, inclusive, or 49-26, shall register such property, in accordance with subsection (d) of this section, with the municipality in which such property is located not later than fifteen days after absolute title vests in such person. If such person is the plaintiff in the foreclosure action, such person shall, prior to the expiration of such fifteen-day period, update the registration with any change in registration information for purposes of complying with said subsection (d). The updated registration shall include the following heading in at least ten-point boldface capital letters: NOTICE TO MUNICIPALITY: UPDATED REGISTRATION FOR PROPERTY ACQUIRED THROUGH FORECLOSURE.
(d) Registration made pursuant to subsection (c) of this section shall be mailed or delivered to the town clerk of the municipality in which the residential property is located and include (1) the name, address, telephone number and electronic mail address of the registrant and, if the registrant is an entity or an individual who resides out-of-state, the name, address, telephone number and electronic mail address of a direct contact in the state, provided such a direct contact is available; (2) the date on which absolute title vested in the registrant; (3) the name, address, telephone number and electronic mail address of the person, local property maintenance company or other entity responsible for the security and maintenance of the residential property; and (4) the following heading in at least ten-point boldface capital letters: NOTICE TO MUNICIPALITY: REGISTRATION OF PROPERTY ACQUIRED THROUGH FORECLOSURE. The registration, or updated registration, shall be accompanied by a land record filing fee payable to the municipality as specified in section 7-34a. The registrant shall report to the town clerk by mail or other form of delivery any change in the information provided on the registration not later than thirty days from the date of the change in information.
(e) If a registrant required to register pursuant to subsection (c) of this section fails to comply with any provision of the general statutes or of any municipal ordinance concerning the repair or maintenance of real estate, including, without limitation, an ordinance relating to the prevention of housing blight pursuant to subparagraph (H)(xv) of subdivision (7) of subsection (c) of section 7-148, the maintenance of safe and sanitary housing as provided in subparagraph (A) of subdivision (7) of subsection (c) of section 7-148, or the abatement of nuisances as provided in subparagraph (E) of subdivision (7) of subsection (c) of section 7-148, the municipality may issue a notice to the registrant citing the conditions on such property that violate such provisions. Such notice shall be sent by either first class or electronic mail, or both, and shall be sent to the address or addresses of the registrant identified on the registration. A copy of such notice shall be sent by first class mail or electronic mail to the person, property maintenance company or other entity responsible for the security and maintenance of the residential property designated on the registration. Such notice shall comply with section 7-148gg.
(f) The notice described in subsection (e) of this section shall provide a date, reasonable under the circumstances, by which the registrant shall remedy the condition or conditions on such registrant's property. If the registrant, registrant's contact or registrant's agent does not remedy the condition or conditions on such registrant's property before the date following the date specified in such notice, the municipality may enforce its rights under the relevant provisions of the general statutes or of any municipal ordinance.
(g) A municipality shall only impose registration requirements upon registrants and plaintiffs in foreclosure actions in accordance with this section, except that any municipal registration requirements effective on or before October 1, 2009, shall remain effective.
(h) Any plaintiff in a foreclosure action who fails to register in accordance with this section shall be subject to a civil penalty of one hundred dollars for each violation, up to a maximum of five thousand dollars. Each property for which there has been a failure to register shall constitute a separate violation.
(i) Any person in whom title to a residential property has vested on or after October 1, 2011, through a foreclosure action pursuant to sections 49-16 to 49-21, inclusive, or 49-26, and who has not registered in accordance with subsection (c) of this section within thirty days of absolute title vesting in such owner shall be subject to a civil penalty of two hundred fifty dollars for each violation, up to a maximum of twenty-five thousand dollars. Each property for which there has been a failure to register shall constitute a separate violation.
(j) An authorized official of the municipality may file a civil action in Superior Court to collect the penalties imposed pursuant to subsections (h) and (i) of this section, which penalties shall be payable to the treasurer of such municipality. Such penalties shall not create or constitute a lien against the residential property.
[(k) Neither the registration by a foreclosing party nor the failure to register in accordance with subsection (a) of this section shall imply or create any legal obligations on the part of the foreclosing party to repair, maintain or secure the residential property for which a registration is required prior to the time that title passes to the foreclosing party.]
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
7-148aa |
Sec. 2 |
July 1, 2016 |
New section |
Sec. 3 |
from passage |
New section |
Sec. 4 |
from passage |
7-148ii |
Statement of Purpose:
To assist municipalities fighting blight.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]