[HISTORY: Adopted by the Town of Haddam 4-13-2006, effective
5-10-2006. Amendments noted where applicable.]
The purpose of this chapter is to provide for
the removal of abandoned or inoperable, motor vehicles within the
Town of Haddam.
For the purpose of the chapter, the following
terms, phrases, words, and their derivatives shall have the meanings
given herein:
Any vehicle parked, stored or left for a period of time greater
than 24 consecutive hours on any public or private property within
the Town without the consent of the owner, occupant or public agency
in control of such property.
The Haddam Board of Selectmen.
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, or essential components broken
or severely damaged.
Any vehicle which is self-propelled and designed to travel
along the ground, including but not limited to automobiles, buses,
trucks, campers, towable camping trailers, motor homes and the quantity
of parts equivalent in bulk to constitute a motor vehicle.
A motor vehicle is in operable condition when such motor
vehicle is capable of performing the function for which it was designed
by virtue of having no missing or essential components broken or severely
damaged. The vehicle shall have fully inflated tires, with no broken
or missing windows.
Individuals and legal persons such as partnerships, associations,
corporations, limited-liability companies, societies, legal representatives
and trustees.
Any real property within the Town which is privately owned
and which is not public property as defined in this section.
Any street or highway within the Town, including the entire
width between the boundary lines of every way publicly maintained
for the purpose of vehicular travel, and any other publicly owned
property or facility within the Town.
The person in whose name the motor vehicle is registered,
or in the case of an unregistered motor vehicle, the owner or occupant
of the land whereon such motor vehicle is located.
The Town of Haddam.
The Vehicle Enforcement Committee consists of the Vehicle
Enforcement Officer and two regular volunteers and one alternate volunteer
who live in the Town who are appointed by the Board of Selectmen.
The Zoning Enforcement Officer of the Town of Haddam.
A.
Inoperable vehicles.
(1)
No person shall park, store, leave, or permit the
parking, storing or leaving of any inoperable motor vehicle on any
public or private property within the Town.
(2)
The following exceptions shall apply:
(a)
Any motor vehicle totally enclosed within a
temporary or permanent structure on private property.
(b)
The maximum of two inoperable motor vehicles
or the parts equivalent.
(c)
Any motor vehicle not visible from a street
or adjacent property.
(d)
Any motor vehicle fenced from view from a street
or adjacent property.
(e)
Any motor vehicle covered with a fitted vehicle
cover.
(f)
Any motor vehicle in an operable condition.
B.
Abandoned vehicles. The presence of an abandoned motor
vehicle on private or public property within the Town is hereby declared
a violation that may be abated as such in accordance with the provisions
of this chapter.
A.
Whenever the VEO receives a written, signed complaint
of a possible violation of § 251-3 of this chapter; the
VEO shall investigate, notify the responsible party of the possible
violation and attempt to get voluntary compliance or a compliance
plan. If the VEO cannot get voluntary compliance or a compliance plan,
he shall report to the VEC. If the majority of the VEC agrees there
is a violation, the VEO shall serve notice and request its abatement
in the time specified in this § 251-4.
B.
Service and notice requirements.
(1)
The notice of violation shall be served:
(a)
By registered or certified mail sent to the
owner of any private property on which the vehicle is located, to
any known occupant of the private property other than the owner, and
to the owner of the motor vehicle if known. This method of service
shall be deemed complete on the date of mailing; and
(b)
By publishing a copy of the notice in a newspaper
having a substantial circulation in the Town.
(3)
The notice of violation shall advise that upon failure
to abate the violation, the VEO may undertake removal of the motor
vehicle(s) in question, with the cost of removal to be assessed jointly
and severally against the owner of the private property, its occupant
and any known owner of the motor vehicle.
C.
The responsible party has the burden of proof showing
whether a motor vehicle is operable, or not, when requested to do
so by the VEO.
Any person to whom a notice of violation as
described in § 251-4 is directed, or the person's duly authorized
agent, may file a written request for a hearing on the notice of violation
with the appeals board within 15 days from the date of notice.
A.
The hearing provided for in § 251-5 shall
be held as soon as practicable after the filing of the request for
a hearing. All persons to whom the notice of violation was directed
shall be advised by registered or certified mail of the time and place
of the hearing at least seven days in advance of the hearing. At any
such hearing the VEO and persons to whom the notice of violation was
directed may introduce such witnesses and documents as any party deems
necessary, subject to the right of the appeals board to exclude irrelevant,
immaterial or unduly repetitious evidence.
B.
The burden of proof should be on the Town to demonstrate
the violation by a preponderance of the evidence.
C.
The appeals board shall decide after the hearing whether
(1) the motor vehicle(s) in question on the date of notice of violation
constituted a violation requiring an abatement under this chapter
and (2) if so, whether the violation has been abated. The appeals
board's decision shall be mailed by certified or registered mail to
each person to whom the VEO had sent the notice of violation. The
notice of the appeals board's decision will advise its recipient that
any person aggrieved by the decision of the appeals board may, within
15 days of the day the decision was mailed, appeal the decision to
the Superior Court for the judicial district in which the Town is
located and must serve a copy of said appeal on the appeals board.
A.
If the violation described in the notice of violation
has not been abated by the latest of the compliance period given in
the notice of violation, if no appeal is taken to the appeals board,
or 15 days from the date the appeals board mails its decision, if
request for a hearing is timely filed with the appeals board and the
appeals board decides that a violation exists and must be abated,
or 15 days from final judicial decision confirming the decision of
the appeals board, if the decision of the appeals board is appealed
to the Superior Court, then the VEO shall have the right to take possession
of the abandoned or inoperable motor vehicle and remove it from the
property on which it is located. It shall be unlawful for any person
to interfere with, hinder or refuse to allow the VEO or his designee
to enter upon private property for the sole purpose of removing a
motor vehicle under the provisions of this § 251-7.
B.
Within 48 hours of the removal of such motor vehicle(s),
the VEO shall give written notice by registered or certified mail
to the owner of the vehicle, if known, and also to the owner and any
known occupant of any private property from which the motor vehicle
was removed, that such motor vehicle has been impounded and stored
for violation of this chapter. This notice of removal shall give the
location where the vehicle is stored and the costs incurred by the
Town for removal and shall state that the Town may sell the vehicle
at a private sale if its value is $500 or less and it is stored for
more than 30 days, or at a public sale if its value is over $500 and
it is stored more than 30 days.
A.
After removing any motor vehicle(s) under this chapter,
the VEO shall, within 10 days from removal, have the vehicle appraised.
B.
Private sale. If the vehicle is appraised at $500
or less, the VEO shall execute an affidavit so attesting and describing
the vehicle, including the registration plates, if any, and stating
the location and appraised value of the vehicle. The First Selectman,
after complying with the above, may, after 30 days, summarily dispose
of the vehicle(s) and execute a certificate of sale for any unredeemed
motor vehicle.
C.
Public sale. If the vehicle is appraised at over $500
and has been stored for more than 30 days, the VEO may sell the vehicle
at a public sale. The VEO shall advertise the public sale in a newspaper
published or having circulation in the Town two times commencing at
least five days before the sale. The VEO shall also send notice of
the public sale by registered or certified mail to the last known
owner of the vehicle, not less than five days before the date of sale.
(1)
The notice of sale shall state:
(2)
The vehicle shall be sold to the highest bidder. At
the time of the payment of the purchase price, the First Selectman
shall execute a certificate of sale in duplicate, the original of
which is to be given to the purchaser, and a copy thereof to be filed
with the Treasurer of the Town. Any money in excess of the Town's
expenses shall be returned to the responsible party.
The owner of any vehicle seized under the provision
of this chapter may redeem such vehicle any time after its removal
but prior to the sale or destruction thereof. To redeem the vehicle
the owner shall present proof of ownership to the VEO and shall reimburse
the Town all expenses incurred in the removal, storage and miscellaneous
expenses for the vehicle being redeemed.
A.
Upon sending of a notice of violation in accordance
with § 251-4 and subject to the appeal right given in this
chapter, the owner of any abandoned or inoperable motor vehicle, the
owner of the property on which such motor vehicle is located, and
any person or occupant other than the owner occupying such private
property, shall be jointly and severally responsible for the abatement
of the violation and, in the event the VEO abates the violation by
removing and impounding the motor vehicle, jointly and severally liable
to the Town for the expenses the Town incurs.
B.
The VEO is authorized to institute civil proceedings
if necessary to collect any amounts any person may owe to the Town
because of a violation of this chapter.
