Bill Text: CT SB00244 | 2010 | General Assembly | Chaptered
Bill Title: An Act Concerning The Cornfield Point Association And Validating The November 3, 2009, Referendum In The Town Of Columbia Regarding Revisions To The Charter Of The Town Of Columbia.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2010-06-02 - Signed by the Governor [SB00244 Detail]
Download: Connecticut-2010-SB00244-Chaptered.html
AN ACT CONCERNING THE CORNFIELD POINT ASSOCIATION AND VALIDATING THE NOVEMBER 3, 2009, REFERENDUM IN THE TOWN OF COLUMBIA REGARDING REVISIONS TO THE CHARTER OF THE TOWN OF COLUMBIA.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (Effective from passage) Notwithstanding any provision of the general statutes or any special act, charter or ordinance, the vote cast by the electors and voters of the town of Columbia at the referendum held on November 3, 2009, relating to revisions to the charter of the town of Columbia, otherwise valid except for the failure to publish the proposed charter pursuant to section 7-191 of the general statutes, is validated. All acts, votes and proceedings of the officers and officials of the town of Columbia pertaining to or taken in reliance on said referendum, otherwise valid except for said failure to publish, are validated and effective as of the date taken.
Sec. 2. Section 12 of number 467 of the special acts of 1943 is amended to read as follows (Effective from passage):
[Said association may purchase, acquire, hold, own, sell or convey such real or personal estate as its purposes may require, and the board of governors may enact by-laws or ordinances for the following purposes: To regulate travel over the highways within the limits of the association, when, in the opinion of said board, the free and unrestricted use of said highways may become dangerous or inconvenient; to appoint and remove police officers to act within the limits of said association, who shall have the powers of constables within said limits for the purposes of making arrests for the violation of any regulation or by-law of said association or any law; to clean and improve ditches and to care for the beaches and water fronts; to keep streets and all public places within the limits of said association quiet and free from noise; to regulate the parking of motor vehicles; to build, repair and improve highways, roads and sidewalks within the limits of said association; to establish building lines; to protect any property from fire, such protection to include the regulation of the number and kind of cottages and structures that may be erected or placed on any building lot within said limits; to regulate the carrying on within the limits of said association of any business that will, in the opinion of said board, be prejudicial to public health or dangerous to, or will constitute an unreasonable annoyance to, those living or owning property in the vicinity thereof, which regulations shall be uniform for each class or kind of buildings or structures, and for each class of business; to regulate peddling as provided for in towns under the general statutes; to restrict the right of entry on the property of said association except upon the highways and to promote the planting of trees and shrubbery and other work leading to the improvement of the appearance of property within the limits of said association. Said association shall have exclusive charge and control of all roads within the limits as shown of the maps referred to in section two which are not under state or town control. Said board of governors may fix a penalty for each violation of any such by-laws, ordinances or regulations of not more than twenty-five dollars, and the penalties may be recovered in an action brought for the purpose in the name of The Cornfield Point Association before any court having jurisdiction, for the use and benefit of said association. No by-law, ordinance or regulation shall take effect until ten days after its passage nor until it shall have been posted on a signpost which shall be erected within the territorial limits of the association at a place designated by the board of governors for at least seven days. A certificate of the secretary of said association of the posting of any by-law, ordinance or regulation as provided herein shall be prima facie evidence of such posting. The method by which water is supplied within the limits of the association at the time of the passage of this act is approved, and any action thereunder is confirmed, but the association may, at any time, purchase the plant and equipment operated and used in furnishing the water on land within the territorial limits of the association and may maintain, construct, extend and operate reservoirs, water works and pipe lines and a distribution system for supplying water to said association and the inhabitants thereof. ]
The Cornfield Point Association may purchase, acquire, hold, own, sell or convey such real estate or personal property as deemed necessary or desirable by the board of governors and approved by the association membership. The association, by majority vote of the membership attending any annual or special meeting at which a quorum has been attained, may enact ordinances, bylaws or regulations for the following purposes: (1) To clean, care for and improve the beaches and water fronts; (2) to build, repair and improve sidewalks within the limits of said association; (3) to restrict the right of entry on the property of said association and control the use of association property; (4) to promote the planting of trees and shrubbery and other work leading to the improvement of the appearance of Cornfield Point Association property; (5) to require that lots be maintained so as to prevent fire hazards and health problems for other lots within the association; (6) to control the use, rental or occupancy of garages, outbuildings, tents, trailers or campers for dwelling, sleeping or living purposes; (7) to limit the rental or lease of houses within the association to single families, as defined in the zoning regulations of the town of Old Saybrook; and (8) to accomplish the objects specified in section 3 of number 467 of the special acts of 1943. Such ordinances, bylaws and regulations shall have effect and be enforceable within the geographic limits of the Cornfield Point Association. Nothing in this section shall be construed to empower the Cornfield Point Association to regulate the use of any member's lot unless that use adversely affects the use or enjoyment by other members of their lots or of association property. No bylaw, ordinance or regulation of the association shall take effect until ten days after its passage or until it shall have been posted on a sign post which shall be erected within the territorial limits of the association at a place designated by the board of governors for at least seven days. A certificate of the secretary of said association of the posting of any bylaw, ordinance or regulation as provided in this section shall be prima facie evidence of such posting. The board of governors may, with the approval of the association membership, authorize the association to borrow funds for association purposes or benefit of the association and may mortgage, pledge or grant a security interest in any property or properties of the association, whether newly acquired or already owned, as collateral to secure repayment of any such loan. Any such approval shall be given at an annual meeting of the association, except that approval may be given at a special meeting of the association if natural disaster or emergency requires more immediate action. Fifty members of the Cornfield Point Association shall constitute a quorum for the transaction of business at any regular or special meeting. The board may establish procedures for the enforcement of such ordinances, bylaws or regulations, including, but not limited to, fines for violation thereof, provided any such fine shall not be less than ten dollars or more than one hundred dollars for each day the violation continues. The board may impose any such fines and institute legal action in the name of the association at law or in equity to compel compliance with such ordinances, bylaws or regulations and to collect fines imposed, provided no such action may be commenced and no fines imposed against an individual or property owner until seven days after written notice of violation has been sent by registered or certified mail to the individual or one or more association members identified as owners of the property in the land records of the town of Old Saybrook.
Approved June 2, 2010