For the purpose of this chapter, the following terms, phrases,
words and their derivatives shall have the meanings given herein:
INOPERABLE CONDITION
A motor vehicle is in an inoperable condition when such motor
vehicle is incapable of performing the function for which it was designed
by virtue of having parts missing, essential components broken or
severely damaged. A motor vehicle shall also be deemed inoperable
when it is not equipped in accordance with Connecticut General Statutes
§§ 14-80 through 14-106c. The burden of proof shall
be upon the person in whose name the motor vehicle is registered or,
in case of an unregistered motor vehicle, upon the owner or occupant
of the land whereon such motor vehicle is located to prove to the
satisfaction of the Director of Traffic or his designee, as defined
in this section, that such motor vehicle is in an operable condition
when requested to do so. Failure, by the registered owner or the property
owner, in the case of an unregistered motor vehicle, to forthwith
demonstrate that such motor vehicle is in an operable condition shall
be presumptive that such motor vehicle is inoperable.
JUNKED MOTOR VEHICLE
Any motor vehicle, as defined in this section, which does
not have lawfully affixed thereto both an unexpired license plate
or plates and the condition of which is wrecked, dismantled, partially
dismantled, inoperative, abandoned or discarded.
MOTOR VEHICLE
Any vehicle which is self-propelled and designed to travel
along the ground and shall include but not be limited to automobiles,
buses, motorbikes, motorcycles, motor scooters, trucks, tractors,
go-carts, golf carts, campers, trailers and snowmobiles.
PRIVATE PROPERTY
Any real property within the Town which is privately owned
and which is not public property, as defined in this section.
PUBLIC PROPERTY
Any street or highway, which shall include the entire width
between the boundary lines of every way publicly maintained for the
purpose of vehicular travel and also shall mean any other publicly
owned property or facility.
No person shall park, store, leave or permit the parking, storing
or leaving of any motor vehicle of any kind which is in an abandoned,
wrecked, dismantled, inoperative, rusted, junked or partially dismantled
condition, whether attended or not, upon any public or private property
within the Town for a period of time in excess of 24 hours. The presence
of an abandoned, wrecked, dismantled, inoperative, rusted, junked
or partially dismantled vehicle or parts thereof on private or public
property is hereby declared a public nuisance which may be abated
as such in accordance with the provisions of this chapter. This section
shall not apply to any vehicle enclosed within a building on private
property or to any vehicle held in connection with a business enterprise,
lawfully licensed by the state and properly operated in the appropriate
business zone, pursuant to the zoning ordinances of the Town, or to
any motor vehicle in operable condition specifically adapted and designed
for operation on drag strips or raceways, or to any vehicle retained
by the owner for antique collection purposes, for which number plates
have been issued pursuant to § 14-20 of the Connecticut
General Statutes and which is assessed in accordance with § 12-71
of the Connecticut General Statutes.
The persons to whom the notices provided for in §
395-3 are directed, or their duly authorized agents, may file a written request for a hearing before the Board of Selectmen or its designees within the 30 days for the purpose of defending the charges by the Town.
The hearing provided for in §
395-4 shall be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised of the time and place of such hearing at least seven days in advance thereof. At any such hearing, the Town and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
Upon proper notice and opportunity to be heard, the owner of
the abandoned, wrecked, dismantled or inoperative vehicle and the
owner or occupant of the private property on which the same is located,
either or all of them, shall be responsible for its removal. In the
event of removal or disposition by the Town, the owner or occupant
of the private property where the same is located shall be liable
for the expenses incurred.
The owner of any vehicle seized under the provisions of this
chapter may redeem such vehicle any time after its removal but prior
to the sale or destruction thereof upon proof of ownership and payment
to the Director of Traffic of such sum as he may determine and fix
for the reasonable expense of removal and any preliminary sale advertising
expenses, plus reasonable daily storage charges for each vehicle redeemed.
Upon failure of the owner or occupant of the property on which
abandoned vehicles have been removed by the Town to pay the unrecovered
expenses incurred by the Town in such removal, a lien shall be placed
upon the property for the amount of such expense.