Sec. 8-169r. Acquisition of abandoned property by urban homesteading agency. Certification of vacant municipally owned property.
Sec. 8-169r. Acquisition of abandoned property by urban homesteading
agency. Certification of vacant municipally owned property. (a) In any municipality
adopting an ordinance pursuant to section 8-169q, the building official shall certify to
the urban homesteading agency (1) all properties which are abandoned, together with
a statement as to which structures are suitable for rehabilitation, and (2) all municipally
owned properties which are vacant, together with a statement as to which properties are
suitable for construction. At least quarterly thereafter the building official shall certify to
the urban homesteading agency any changes in the number or condition of the abandoned
properties or the vacant municipally owned properties.
(b) Upon receipt of the list of the abandoned properties pursuant to subdivision (1)
of subsection (a) of this section, the urban homesteading agency shall serve notice to
each owner of such properties by mailing to the owner by certified mail to the last known
address of such owner or in the case of the owner who cannot be identified or whose
address is unknown by publishing a copy of such notice in a newspaper having general
circulation in the municipality, stating such property has been determined to be abandoned and setting a date for a hearing before the urban homesteading agency, or any
hearing examiner appointed by the urban homesteading agency, for the purpose of determining whether the owner is willing and able to rehabilitate or demolish the vacant
structure on such abandoned property within a reasonable time. At such hearing the
owner may contest the designation of such property as abandoned and such hearing
shall be held in the same manner as under sections 4-176e to 4-181, inclusive. A decision
rendered by a hearing examiner after such hearing shall be in writing and shall be filed
with the urban homesteading agency for its final decision. All decisions of the urban
homesteading agency shall be in writing and shall be mailed, by certified mail, return
receipt requested, to each owner and to all parties to the proceedings. A decision of the
urban homesteading agency may be appealed to the Superior Court in accordance with
the provisions of section 4-183.
(c) In the event that an owner fails to appear, either personally or by an attorney,
on the date set for the hearing or any adjourned date of such hearing, or in the event the
urban homesteading agency, after holding the hearing pursuant to subsection (b) of this
section, determines that the owner of such property is not willing or able to rehabilitate
or demolish such property within a reasonable time, the urban homesteading agency may
recommend to (1) the legislative body of the municipality that the urban homesteading
agency be authorized to acquire the property, either by purchase of the property free
and clear of any liens for an amount not in excess of fair market value of the land and
any improvements thereon as determined by the urban homesteading agency, or by
eminent domain, provided all eminent domain proceedings instituted under this part
shall be undertaken by the urban homesteading agency in the same manner as under
sections 8-129 to 8-133, inclusive, and title to all property acquired pursuant to this
subsection shall be held in the name of the municipality; or (2) the building official that
he order the structure demolished; or (3) the tax collector, if any liens for real property
taxes are due to the municipality against the abandoned property, that he institute tax
foreclosure proceedings under chapter 205.
(d) Notwithstanding the provisions of this section an urban homesteading agency
may at any time, with the concurrence of the legislative body, accept free and clear
title to an abandoned property upon which exists a structure deemed rehabilitable by a
building official for such consideration not in excess of fair market value of the land
and any improvements on such land as determined by the urban homesteading agency.
(P.A. 75-452, S. 4, 8; P.A. 77-452, S. 48, 72; P.A. 86-405, S. 5, 12; P.A. 88-108, S. 1, 2; 88-317, S. 51, 107.)
History: P.A. 77-452 substituted superior court for court of common pleas in Subsec. (b), effective July 1, 1978; P.A.
86-405 added Subsec. (a)(2), requiring certification of vacant municipally owned properties; P.A. 88-108 amended Subsecs.
(c) and (d) to provide that urban homesteading agencies may acquire property for an amount not in excess of the fair market
value of the land and any improvements thereon, where previously improvements were expressly excluded; P.A. 88-317
amended reference to Secs. 4-177 to 4-181 in Subsec. (b) to include new sections added to Ch. 54, effective July 1, 1989,
and applicable to all agency proceedings commencing on or after that date.