(a) For the purposes of this section and sections 19a-343a to 19a-343h, inclusive, a person creates or maintains a public nuisance if such person erects, establishes, maintains, uses, owns or leases any real property or portion of such property for (1) any of the purposes enumerated in subdivisions (1) to (6), inclusive, of subsection (c) of this section, or (2) on which any of the offenses enumerated in subdivisions (1) to (14), inclusive, of subsection (c) of this section have occurred.

Terms Used In Connecticut General Statutes 19a-343

  • Arrest: Taking physical custody of a person by lawful authority.
  • Ordinance: means an enactment under the provisions of §. See Connecticut General Statutes 1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(b) The state has the exclusive right to bring an action to abate a public nuisance under this section and sections 19a-343a to 19a-343h, inclusive, involving any real property or portion of such property, commercial or residential, including single or multifamily dwellings, provided there have been three or more arrests, the issuance of three or more arrest warrants indicating a pattern of criminal activity and not isolated incidents or the issuance of three or more citations for a violation of a municipal ordinance as described in subdivision (14) of subsection (c) of this section, for conduct on the property documented by a law enforcement officer for any of the offenses enumerated in subdivisions (1) to (14), inclusive, of subsection (c) of this section during the three-hundred-sixty-five-day period preceding commencement of the action.

(c) Three or more arrests, the issuance of three or more arrest warrants indicating a pattern of criminal activity and not isolated incidents or the issuance of three or more citations for a violation of a municipal ordinance as described in subdivision (14) of this subsection, for the following offenses shall constitute the basis for bringing an action to abate a public nuisance:

(1) Prostitution under § 53a-82, 53a-83, 53a-86, 53a-87, 53a-88 or 53a-89.

(2) Promoting an obscene performance or obscene material under § 53a-196 or 53a-196b, employing a minor in an obscene performance under § 53a-196a, importing child pornography under § 53a-196c, possessing child pornography in the first degree under § 53a-196d, possessing child pornography in the second degree under § 53a-196e or possessing child pornography in the third degree under § 53a-196f.

(3) Transmission of gambling information under § 53-278b or 53-278d or maintaining of a gambling premises under § 53-278e.

(4) Offenses for the sale of controlled substances, possession of controlled substances with intent to sell, or maintaining a drug factory under § 21a-277, 21a-278, 21a-278a or 21a-278b or use of the property by persons possessing controlled substances under § 21a-279. Nothing in this section shall prevent the state from also proceeding against property under § 21a-259 or 54-36h.

(5) Unauthorized sale of alcoholic liquor under § 30-74 or disposing of liquor without a permit under § 30-77, or sale or delivery of alcoholic liquor to any minor under subdivision (1) of subsection (b) of § 30-86 or the sale, delivery or giving of alcoholic liquor to a minor under subdivision (2) of subsection (b) of § 30-86.

(6) Maintaining a motor vehicle chop shop under § 14-149a.

(7) Inciting injury to persons or property under § 53a-179a.

(8) Murder or manslaughter under § 53a-54a, 53a-54b, 53a-55, 53a-56 or 53a-56a.

(9) Assault under § 53a-59, 53a-59a, subdivision (1) of subsection (a) of § 53a-60 or § 53a-60a or 53a-61.

(10) Sexual assault under § 53a-70 or 53a-70a.

(11) Fire safety violations under § 29-291a, 29-291c, 29-292, subsection (b) of § 29-310, or § 29-315, 29-349 or 29-357.

(12) Firearm offenses under § 29-35, 53-202aa, 53-203, 53a-211, 53a-212, 53a-216, 53a-217 or 53a-217c.

(13) Illegal manufacture, sale, possession or dispensing of a drug under subdivision (2) of § 21a-108.

(14) Violation of a municipal ordinance resulting in the issuance of a citation for (A) excessive noise on nonresidential real property that significantly impacts the surrounding area, provided the municipality’s excessive noise ordinance is based on an objective standard, (B) owning or leasing a dwelling unit that provides residence to an excessive number of unrelated persons resulting in dangerous or unsanitary conditions that significantly impact the safety of the surrounding area, or (C) impermissible operation of (i) a business that permits persons who are not licensed pursuant to § 20-206b to engage in the practice of massage therapy, or (ii) a massage parlor, as defined by the applicable municipal ordinance, that significantly impacts the safety of the surrounding area.