Danziger v. Demolition Board

556 A.2d 625, 18 Conn. App. 40, 1989 Conn. App. LEXIS 86
Connecticut Appellate Court·Decided April 4, 1989·No. 6766·Published·Cited by 10 cases

Opinion

Borden, J.

The plaintiffs appeal1 from the judgment of the trial court dismissing their administrative appeal from an order of the defendant, the demolition board of the city of Stamford. We conclude sua sponte that the trial court lacked subject matter jurisdiction over the plaintiffs’ administrative appeal, and we therefore find error in the form of the judgment dismissing the appeal because that judgment was rendered on the merits of the plaintiffs’ claims, rather than on the ground of lack of subject matter jurisdiction.

Sections 90-1 through 90-19 of the Stamford Code of Ordinances provide for a scheme pursuant to which hazardous buildings within the city may be ordered demolished. We summarize the pertinent provisions as follows. A “hazardous building” is defined as “[a]ny building, vacant or occupied . . . which is unsafe, unsanitary or lacks adequate exit facilities, or which constitutes a fire hazard or is otherwise dangerous to human life or public welfare, or which by reason of illegal use, occupancy or maintenance has become hazardous and dangerous.” Stamford Code of Ordinances § 90-1. The defendant board is composed of six members, consisting of two private citizens, the city building official, the fire marshal, the director of health and the municipal engineer, who inspect and determine whether hazardous buildings should be demolished. Stamford Code of Ordinances §§ 90-2, 90-3 and 90-4. Upon such a determination, the board may order a property owner to demolish his building. Stamford Code of Ordinances § 90-6. The property owner may appeal that order to the board and request a hearing. Stamford Code of Ordinances § 90-7. At the hearing, the board must consider all evidence presented to it regarding whether the building is hazardous and should be demolished, and the property owner may submit a [42]*42plan for restoration or rehabilitation of the building to a safe condition, stating the time within which the work is to be completed. Stamford Code of Ordinances § 90-8. If the board accepts the plan, the work must begin within thirty days and be completed within 120 days, unless the board extends those time periods. Id. The board must issue its final decision within fourteen days of the hearing, and may placard the building. Stamford Code of Ordinances §§ 90-9 and 90-10. Section 90-11 provides: “Any property owner aggrieved by a decision of the Demolition Board, upon conclusion of a hearing or hearings, may take an appeal to the Superior Court within fifteen (15) days after receipt of notification of such decision.”2

The defendant had issued a preliminary order to the plaintiffs to demolish two tenement buildings owned by them because the buildings, which had been unused since 1976 and had been damaged by fire, were a threat to public health and safety. At a hearing held pursuant to §§ 90-7 and 90-8 of the code and during several weeks of extensions granted by the defendant, the plaintiffs indicated that they were selling the properties to another individual who planned to renovate them, but that the sales contract was conditioned on a variance being obtained from the zoning board of appeals. Although the plaintiffs presented a proposal for better security of the building against access by intruders, they offered no plan for restoration or rehabilitation that did not depend on the zoning variance; nor did the plaintiffs establish that the proposed purchaser had any specific plan for restoration or any specific timetable [43]*43therefor, or that a variance had been applied for. The defendant then rendered a final decision ordering the plaintiffs to demolish the buildings.

The plaintiffs filed this administrative appeal in the Superior Court, claiming that the defendant’s decision was “arbitrary, capricious, unreasonable, discriminatory and without right,” that they had not received proper notice, and that the defendant’s decision would remove much needed residential rental property from Stamford’s rental market. The plaintiffs did not specify the jurisdictional basis of their appeal, and neither the defendant nor the trial court questioned whether the court had subject matter jurisdiction over the plaintiffs’ appeal. The court dismissed the plaintiffs’ appeal on its merits.

The plaintiffs appealed to this court, claiming that the trial court erred (1) by failing to conclude that the defendant denied them due process of law, and (2) by not considering certain facts outside the administrative record. In their brief in this court, the plaintiffs claim that their appeal to the Superior Court was an administrative appeal brought pursuant to General Statutes § 4-183, which is part of the Uniform Administrative Procedure Act (UAPA). When we suggested at oral argument that the UAPA did not apply to the action of the defendant because it is not a state agency, the plaintiffs relied, for the trial court’s subject matter jurisdiction, on § 90-11 of the Stamford Code which, as noted above, provides for an appeal to the court by any person aggrieved by an order of the defendant. We conclude, however, that neither the UAPA nor § 90-11 of the Stamford Code of Ordinances conferred subject matter jurisdiction over the plaintiffs’ administrative appeal. We are not aware of any other statutory basis for the appeal, and therefore the appeal should have been dismissed, not on its merits, but for lack of subject matter jurisdiction.

[44]*44“Appeals to the courts from administrative officers or boards exist only under statutory authority, and, unless a statute provides for them, courts are without jurisdiction to entertain them.” Long v. Zoning Commission, 133 Conn. 248, 252, 50 A.2d 172 (1946); see also Charles Holdings, Ltd. v. Planning & Zoning Board of Appeals, 208 Conn. 476, 479, 544 A.2d 633 (1988); Capozziello v. Board of Firearms Permit Examiners, 14 Conn. App. 376, 380, 540 A.2d 1075 (1988). The trial court did not have subject matter jurisdiction over the plaintiffs’ appeal pursuant to the UAPA because the defendant is not a state agency. Edwards v. Code Enforcement Committee, 13 Conn. App. 1, 534 A.2d 617 (1987). Nor did it have jurisdiction over the appeal pursuant to § 90-11 of the Stamford Code of Ordinances because those ordinances are not statutes. We know of no authority by which a municipal ordinance may confer such jurisdiction on the courts of the state, and we can conceive of no reason or policy why an ordinance should be considered a statute for that purpose.

We turn, therefore, to the question of whether there are any other statutory bases, albeit not suggested by the plaintiffs, for this appeal. We find none.

We have located three statutes that, it might be argued, could serve as such a basis. Analysis of each, however, discloses that it does not pass muster.

General Statutes §§ 29-401 through 29-415 constitute the State Demolition Code. This code regulates, in general, the business of demolishing buildings and the issuing of permits for that purpose.

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Danziger v. Demolition Board, 556 A.2d 625, 18 Conn. App. 40, 1989 Conn. App. LEXIS 86 (Colo. Ct. App. 1989).

556 A.2d 625 (Danziger v. Demolition Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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