Sec. 7-147h. Action by commission to prevent illegal acts.
Sec. 7-147h. Action by commission to prevent illegal acts. (a) If any provision
of this part or any action taken or ruling made by the historic district commission pursuant
to the provisions of said sections or of any regulation or ordinance adopted under said
sections has been violated, the commission may, in addition to other remedies, institute
an action in the superior court for the judicial district wherein such violation exists,
which court shall have jurisdiction to restrain such violation and to issue orders directing
that the violation be corrected or removed. Such order may direct the removal of any
building, structure or exterior architectural feature erected in violation of said sections
or any bylaw or ordinance adopted under said sections or the substantial restoration of
any building, structure, or exterior architectural feature altered or demolished in violation of said sections or any regulation or ordinance adopted under said sections. Regulations and orders of the commission issued pursuant to said sections, or to any regulation
or ordinance adopted under said sections, shall be enforced by the zoning enforcement
official or building inspector or by such other person as may be designated by ordinance,
who may be authorized to inspect and examine any building, structure, place or premises
and to require in writing the remedying of any condition found to exist therein or thereon
in violation of any provision of the regulations or orders made under the authority of
said sections or of any regulation or ordinance adopted under said sections.
(b) The owner or agent of any building, structure or place where a violation of any
provision of this part or of any regulation or ordinance adopted under said sections has
been committed or exists, or the lessee or tenant of an entire building, entire structure
or place where such violation has been committed or exists, or the owner, agent, lessee
or tenant of any part of the building, structure or place in which such violation has been
committed or exists, or the agent, architect, builder, contractor, or any other person who
commits, takes part or assists in any such violation or who maintains any building,
structure or place in which any such violation exists, shall be fined not less than ten
dollars nor more than one hundred dollars for each day that such violation continues;
but, if the offense is wilful, the person convicted thereof shall be fined not less than one
hundred dollars nor more than two hundred fifty dollars for each day that such violation
continues. The superior court for the judicial district wherein such violation continues
or exists shall have jurisdiction of all such offenses, subject to appeal as in other cases.
Each day that a violation continues to exist shall constitute a separate offense. All costs,
fees and expenses in connection with actions under this section may, in the discretion
of the court, be assessed as damages against the violator, which, together with reasonable
attorney's fees, may be awarded to the historic district commission which brought such
action. Any funds collected as fines pursuant to this section shall be used by the commission to restore the affected buildings, structures, or places to their condition prior to the
violation wherever possible and any excess shall be paid to the municipality in which
the district is situated.
(1961, P.A. 430, S. 10; P.A. 73-473, S. 4; P.A. 74-183, S. 166, 291; P.A. 76-436, S. 145, 681; P.A. 78-280, S. 1, 127;
P.A. 80-314, S. 8.)
History: P.A. 73-473 included reference to parking; P.A. 74-183 substituted court of common pleas for circuit court
and included reference to "county or judicial district"; P.A. 76-436 substituted superior court for court of common pleas,
effective July 1, 1978; P.A. 78-280 deleted reference to "county"; P.A. 80-314 divided section into Subsecs. (a) and (b),
replaced former provisions for proceedings to prevent unlawful acts with provisions for proceedings in superior court and
added provisions concerning court costs, attorneys' fees and fines.
Cited. 153 C. 160. Cited. 171 C. 199. Cited. 189 C. 727. Cited. 196 C. 596.