[HISTORY: Adopted 1-29-1973 by the Special Town Meeting
of the Town of Somers, effective 2-20-1973. Amendments noted where applicable.]
A.
Discarded motor vehicles, discarded motor vehicle
parts and other unsightly material have a blighting and deteriorating
effect upon the value and enjoyment of properties nearby and constitute
a health and safety hazard, particularly to children in the area.
B.
The purpose of this chapter is to eliminate discarded
motor vehicles, discarded motor vehicle parts and other unsightly
material from the Town.
Discarded motor vehicles, discarded motor vehicle
parts and other unsightly material, as hereinafter defined, are prohibited
within the limits of the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
A motor vehicle located on public and/or private property
for a period of thirty (30) consecutive days, which vehicle is inoperative,
unregistered and not in condition for legal use on the public highways
and is in such condition, in the opinion of the Town Building Inspector,
based on the standards set forth in this chapter, as to create a blighting
or deteriorating effect on the public landscape or nearby private
property or otherwise a public nuisance or a safety hazard.
Used parts of motor vehicles or old iron, metal, glass, paper,
cordage or other waste or discarded or secondhand material which has
been a part or is intended to be a part of any vehicle, located on
public or private property for a period of thirty (30) consecutive
days, provided that any such parts or materials are not lawfully stored
within a garage, building or structure.
Any vehicle propelled or drawn by any power other than muscular,
to include but not be limited to automobiles, trucks, buses, tractors,
trailers, motorcycles, snowmobiles and like vehicles.
Unusable and/or discarded household appliances, furniture,
equipment, building materials, junk and refuse, as well as any other
material which is unsanitary or tending to create a nuisance located
on public or private property for a period of thirty (30) consecutive
days, provided that any such material is not lawfully within a garage,
building or structure.
This chapter shall not apply to:
A.
Discarded motor vehicles and discarded motor vehicle
parts located in a motor vehicle junkyard licensed in accordance with
the provisions of the Connecticut General Statutes, as amended, or
permitted under any exemption to such licensing requirement.
B.
Licensed garages, service stations and new or used car lots, as such uses shall be regulated by the provisions of Chapter 214, Zoning, and the Connecticut General Statutes.
C.
Existing contractors' yards for building materials, equipment, etc., as such uses shall be regulated by the provisions of Chapter 214, Zoning, and the Connecticut General Statutes.
D.
Farm equipment used by a person whose principal occupation
is the cultivation, operation or management of a farm for gain or
profit, either as owner or tenant. The term "farm equipment" does
not include any type of motor vehicle licensed by the State of Connecticut
for travel on the public highways, except vehicles bearing farm plates.
The term "farm" includes livestock, dairy, poultry, fruit, tobacco
and truck farms.
Any owner of a discarded motor vehicle or of
discarded motor vehicle parts or of other unsightly material and any
owner of property or person in possession of property on which a discarded
motor vehicle or discarded motor vehicle parts or other unsightly
material is located shall be subject to a fine of ten dollars ($10.)
per day for each day that such condition continues commencing thirty
(30) days after the Town has given written notice to remove to such
owner or person, as hereinafter provided. Each day shall constitute
a new and separate offense, punishable hereunder.
A.
When it is determined that a discarded motor vehicle
or discarded motor vehicle parts or other unsightly material is located
on private or public property, the Town shall notify the person in
possession or control of such property and the owner of such property
and also the owner of said vehicle, parts or material, if known, in
writing by registered or certified mail, postage prepaid, to remove
said vehicle, parts or material, and shall also post a notice of said
notification in the Town Hall. Notice shall also be provided in a
newspaper having a substantial circulation in such Town.
[Amended 4-29-1996 by the Board of Selectmen, effective 5-23-1996]
B.
If such persons and/or owners have not caused the
removal of said vehicle, parts or material within twenty (20) days
after receipt of said notification, the Town shall cause said motor
vehicle, motor vehicle parts or other unsightly material to be removed
to a licensed motor vehicle junkyard or to an area authorized by proper
authority for impoundment and retention or for disposal of such vehicles,
parts or material or from the person in possession or control of the
property or from the owner of the property, from which said vehicle,
parts or material were removed.
Prior to removal of any discarded motor vehicle
as provided for the foregoing, the Town shall give written notification
to the State of Connecticut Commissioner of Motor Vehicles of the
issuance, by the Town, of the aforementioned notices, such notification
to include the location of the vehicle, the identification number,
if available, and such other description or identification of the
vehicle as may assist in establishing the legal ownership of the vehicle.
