§ 49-73b — Municipalities authorized to recover expenses. Liens on real estate and fire insurance proceeds.

Connecticut § 49-73b

• Jurisdiction: Connecticut
• Title 49: Mortgages and Liens
• Ch. 847: Liens

Text

(a) Any municipality that has incurred expenses for the inspection, repair, demolition, maintenance, removal or other disposition of any real estate in order to secure such real estate, to remedy a blighted condition on such real estate or to make it safe and sanitary under any provision of the general statutes or any municipal building, health, housing or safety codes or regulations shall have the right to recover such expenses from the owner of the real estate for which such expenses were incurred. (b) The interest of each person in such real estate shall be subject to a lien for the payment of such expenses, which lien shall take precedence over any other encumbrance except municipal tax assessments on such real estate. No such lien shall be valid, unless the municipality, not later than the date thirty days after the date on which such work has ceased, files a certificate of such lien and gives notice to the owner of the real estate in the same manner as provided in section 49-34 . Simultaneous with the filing, the municipality shall make reasonable efforts to mail a copy of the certificate by first class mail to the lienholder's current or last-known address. (c) The interest of each person in the proceeds of any policy providing insurance coverage issued by an insurance company for a loss to a covered residential or commercial structure, including any policy written pursuant to the provisions of section 38a-670 , shall be subject to a lien on such proceeds for the expenses incurred by a municipality pursuant to the provisions of subsection (a) of this section, provided such municipality, within thirty days after such work has ceased, files a certificate of such lien and gives notice to such interested person in the same manner as provided in section 49-34 . (d) Any municipal lien filed pursuant to the provisions of this section may be foreclosed in the same manner as a mortgage. (e) Any certificate of lien filed pursuant to this section shall exist from the fifteenth day succeeding the date of entry of such certificate in the land records. (f) Any municipal lien filed pursuant to this section may be discharged or dissolved in the manner provided in sections 49-35a to 49-37 , inclusive. (g) Nothing in this section shall prevent an insured owner, mortgagee, assignee or other interested party from negotiating a dissolution of any such lien on the insurance proceeds, enabling the insurance company to disburse said proceeds. (h) The provisions of this section shall not apply to policies on single-family or two-family dwellings, unless such dwellings are residential properties owned by a registrant subject to section 7-148ii .

Legislative History

(P.A. 79-342, S. 2; P.A. 80-207, S. 1, 7; P.A. 97-320, S. 6, 11; P.A. 98-188, S. 4, 5; P.A. 06-185, S. 5; P.A. 09-144, S. 9; P.A. 11-201, S. 15.) History: P.A. 80-207 deleted reference to demolition expenses in Subsec. (a), referring instead to expenses incurred “in order to secure such real estate or to make it safe”, changed time limit for filing certificate of lien from 60 to 30 days in Subsecs. (b) and (c) and added Subsec. (h) excluding policies on single-family or two-family homes from provisions; P.A. 97-320 amended Subsec. (a) by deleting provision re damage by fire, effective July 1, 1997; P.A. 98-188 amended Subsec. (a) by deleting “fire” and adding “for a loss to a covered residential or commercial structure”, and amended Subsec. (g) by deleting “fire”, effective June 4, 1998, and applicable to liens filed on and after July 1, 1997; P.A. 06-185 amended Subsec. (a) to add provision re expenses to make real estate sanitary and amended Subsec. (b) to require mailing of a copy of certificate to the lienholder; P.A. 09-144 amended Subsec. (a) by making a technical change, adding “maintenance” and adding “to remedy a blighted condition on such real estate”, amended Subsec. (b) by making technical changes and amended Subsec. (h) by adding exception for dwellings that are vacant residential properties owned by a registrant subject to Sec. 7-148ii; P.A. 11-201 amended Subsec. (h) to delete “vacant” re residential properties. Cited. 192 C. 653. Cited. 5 CA 316. Section does not govern the discharge of anti-blight liens, which are instead governed by Sec. 7-148aa. 145 CA 202. Cited. 38 CS 722.