[HISTORY: Adopted by the Board of Selectmen of the Town of Tolland 4-14-1981
by Ord. No. 19.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Disabled vehicles on highways — See Ch. 143.
[1]
Editor's Note: Although originally adopted by the Board of Selectmen,
throughout this chapter the words "Board of Selectmen" have been changed to
"Town Council" in conformance with the current Charter of the Town of Tolland.
This chapter is enacted pursuant to the provision of Section 14-150a
of the Connecticut General Statutes.
This chapter shall be enforced by the Building Inspector of the Town
of Tolland, hereinafter called the "enforcing authority."
The enforcing authority, upon receiving a report of an abandoned, inoperable
or unregistered motor vehicle within the limits of the Town of Tolland, shall
serve or cause to be served upon the owner of the property on which such motor
vehicle so remains a notice requesting removal of such motor vehicle; and
the enforcing authority shall also publish such notice requesting removal
of such motor vehicle once in a newspaper having a substantial circulation
in the Town of Tolland. Such notice to the property owner may be served by
certified mail, return receipt requested, or it may be served by some proper
officer leaving such notice in the hands of or at the usual place of abode
of such property owner. Service by certified mall shall be sufficient if sent
to the last known address shown for the property owner in the Town of Tolland
Assessor's records.
If such motor vehicle is not moved to a lawful location within 30 days
after the date of mailing such notice or publication of such notice, the enforcing
authority shall forthwith remove and dispose of such motor vehicle.
The owner of such motor vehicle shall be deemed prima facie to be last
owner of record as shown by the files of any department of motor vehicles,
and such owner shall be deemed to be the person who abandoned the same or
caused or procured its abandonment.
Within 48 hours of the time the enforcing officer takes such motor vehicle
into custody, he shall give written notice by certified mail to the owner
of such motor vehicle, if known, which notice shall state:
A.
That the motor vehicle has been taken into custody and
stored;
B.
The location of storage of the motor vehicle;
C.
That if the market value of such motor vehicle does not
exceed $100 and is stored for more than 30 days or if the value of such motor
vehicle exceeds more than $100 and is stored more than 90 days, such motor
vehicle may be sold; and
D.
That the owner has a right to contest the validity of
such taking by application, on a form prescribed by the Commissioner of Motor
Vehicles, to the hearing officer named in such notice within 10 days of the
date of such notice.
The Town Council shall designate a suitable person, who is not a member
of any state or local police department, to be a hearings officer to hear
whether the removal of such vehicle was authorized under this chapter. If
it is determined at such hearing that the motor vehicle was not abandoned,
inoperable or unregistered, the lien provision of this chapter shall not apply
to such owner and the Town of Tolland shall be liable for towing and storage
expenses. If the owner pays such expenses prior to disposition of such motor
vehicle by sale or otherwise and it is determined at such hearing that said
motor vehicle was not abandoned, inoperable or unregistered, the Town of Tolland
shall reimburse such owner for said expenses. Any person aggrieved by the
decision of such hearing officer may, within 15 days of the notice of such
decision, appeal to the Superior Court of the Judicial District of Tolland.
The Town Manager is hereby authorized to create a vehicle pound or pounds,
to which such motor vehicles may be removed by the enforcing authority, in
the manner hereinafter provided. Such pound or pounds shall be such storage
garage or garages or such other appropriate places as may be designated by
the Town Manager. Before any such garage or place shall be authorized to be
a vehicle pound as provided herein, such garage or designated place of storage
shall furnish to the Town Manager satisfactory evidence or insurance coverage
to protect the Town of Tolland from any claims for damages arising from the
towing of any vehicle or while it is impounded.
The owner or keeper of any garage or other place where such motor vehicle is stored shall have a lien upon the same for his storage charges, and, if the current market value of such motor vehicle does not exceed $100 and such motor vehicle has been stored for a period of not less than 30 days, such owner or keeper may, unless an application filed by the owner pursuant to § 141-7 of this chapter is pending and the owner of such motor vehicle has notified such owner or keeper that such application for hearing has been filed, sell the same for storage and towing charges owed thereon, provided that a notice of intent to sell shall be sent to the Commissioner of Motor Vehicles and the owner of such motor vehicle, if known, 15 days before the sale of such vehicle. If the current market value of such motor vehicle exceeds $100 and if such motor vehicle has been so stored for a period of 90 days, such owner or keeper may, unless an application filed by the owner pursuant to § 141-7 of this chapter is pending and the owner of such motor vehicle has notified such owner or keeper that such application for hearing has been filed, sell the same at public auction for cash at his place of business and apply the avails of such sale toward the payment of his charges and the payment of any debt or obligation incurred by the enforcing authority who placed the same in storage, provided that such sale shall be advertised, in a newspaper published or having a circulation in the Town where such garage or other place is located, three times, commencing at least five days before such sale; and if the last place of abode of the owner of such motor vehicle is known to or may be ascertained by such garage owner or keeper by the exercise of reasonable diligence, notice of the time and place of sale shall be given him by mailing such notice to him in a registered or certified letter, postage paid, at such last usual place of abode, at least five days before the time of sale. The proceeds of such sale, after deducting the amount due such garage owner or keeper and all expenses connected with such sale, including the expenses of the enforcing authority who placed such motor vehicle in storage, shall be paid to the owner of such motor vehicle or his legal representative, if claimed by him or them at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall escheat to the Town.
If the owner of such motor vehicle placed in storage in accordance with
the provisions of this section does not claim such motor vehicle within 30
days, the owner of such garage or other place of storage shall, within 40
days of the date such motor vehicle was placed in storage with him, send a
written notice to the Commissioner, stating the make, engine number and chassis
number of such motor vehicle, the date such motor vehicle was left with him
for storage and by whom and the registration number thereof if any number
plates are on such motor vehicle, which notice shall be placed on file by
the Commissioner and shall be subject to public inspection. Any sale under
the provisions of this chapter shall be void, unless the notice required by
this chapter has been given to the Commissioner.
It shall be the duty of the enforcing authority to keep a record of
the names of all owners of vehicles, if known, impounded under this chapter,
the number of their state registration plates, if any, the place where such
motor vehicles were impounded, the nature and circumstances of each violation
and the disposition of each case.
This chapter shall not apply to a motor vehicle is an enclosed building,
a motor vehicle on the premises of a business enterprise operated in a lawful
place and manner when necessary to the operation of such business enterprise
or to another vehicle in a maintained or a designated storage pound.
