[Ord. of 6-6-1977, § 1]
When used in this article, the following terms shall have the
following meanings:
A motor vehicle which is in such a state that it is rusted,
wrecked, discarded or dismantled.
The Zoning Enforcement Officer, or his designated agent or
deputy.
A motor vehicle which is in such a condition that it cannot
be safely operated on the roads, such as but not limited to having
no engine, no tires or no glass.
Any person who has apparent charge, care or control, possession
or occupancy of land.
Any person who:
Has any legal title to, or beneficial interest in, any land
with or without actual possession or occupancy thereof; or
Has charge, care or control of any land as an owner, or as an
agent of an owner, or as an officer, director or employee of a corporation,
or other business entity, which is an owner or an agent of an owner,
or as an executor, administrator, trustee, conservator or guardian
of an owner or the estate of an owner.
A motor vehicle which does not have a valid motor vehicle
registration for operation on public roads.
[Ord. of 6-6-1977, § 2]
It is hereby found and declared that abandoned, inoperable or
unregistered vehicles upon property within the City are detrimental
to the public safety, health and welfare; that they constitute a nuisance
and particularly imperil the health and safety of children, constitute
a potential source of fire and explosion, are and may become harborages
of rodents and breeding places of insects, and threaten and depreciate
neighboring properties; that the preservation of public health, the
elimination of such public peril, and the general protection of property
and maintenance of property values are proper concerns of the City;
and that enactment of this article is necessary for the protection
and preservation of the public health and safety, and property and
property values.
[Ord. of 6-6-1977, §§ 3, 7; Ord. of 11-10-1986, § 1]
(a)
No owner of any parcel of land, wholly or partly within the City,
shall deposit, or cause or permit to be deposited, or retain, or cause
or permit to be retained, any abandoned, inoperable or unregistered
motor vehicle on such land, except in a completely enclosed and secured
area.
(b)
Subsection (a) of this section shall not apply to any land actually operated and occupied for the sale, repair, reconditioning or remodeling of motor vehicles when operated in conformance with zoning regulations of the City and applicable general statutes of the state, when all storage is visually screened, to a height of at least six feet, from the street and from all adjoining properties, and when all storage areas are maintained in a neat and orderly fashion so as not to create health hazards, insect breeding, or rodent harborage, and when all exterior storage areas are securely locked and physically inaccessible to any person not employed or engaged in the business.
[Ord. of 6-6-1977, § 4(a)]
On information or complaint of any violation of Section 14-41(a) of this article, the enforcement officer shall personally inspect the site of the alleged abandoned, inoperable or unregistered motor vehicles and make a specific finding as to whether the motor vehicle in question is in fact in violation of such section.
[Ord. of 6-6-1977, § 4(b), (e); Ord. of 11-10-1986, § 2]
(a)
Upon making a finding that a motor vehicle is in violation of Section 14-41(a) of this article, the enforcement officer shall cause to be served a written notice either personally or by mail on the owner of the land on which such violation is found or complained of setting forth the violation and ordering its correction. Such notice shall contain substantially the following:
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NOTICE OF VIOLATION OF THE ABANDONED, INOPERABLE OR UNREGISTERED
MOTOR VEHICLE ORDINANCE AND ORDER TO CORRECT SUCH VIOLATION
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To __________________________
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Property Owner's Name and Address
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You are hereby notified that you are in violation of Section 14-41(a) of the Code of Ordinances of the City of Milford prohibiting the depositing or retention of abandoned, inoperable, or unregistered motor vehicles within the City of Milford and that an abandoned, inoperable or unregistered vehicle described as follows ____________________ ____________________ has been found deposited or retained upon the following property within the City of Milford: __________ ____________________
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You are hereby ordered to remove said abandoned, inoperable,
or unregistered vehicle within 30 days from the date of this notice.
Failure to comply with this notice within the time stated is punishable
by a fine of $50.
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In addition of imposing a fine, the City of Milford may cause the removal of any abandoned, inoperable or unregistered vehicle. All costs or expense so incurred shall be chargeable to you, including any expense on account of notices provided for in this article (Chapter 14, Article III, Milford Code of Ordinances). The City of Milford shall have a lien upon the property of any person for the total amount of fines, charges and expenses on account of notification regarding and/or removal of any abandoned, inoperative or unregistered vehicle from such property, where fines, charges, and expenses remain unpaid for 30 days after notice thereof. Said fines, charges, and expenses may be collected in the manner provided by the law for the collection of delinquent taxes.
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If you wish to contest the finding that you are in violation of Section 14-41(a), you may request a hearing before the Public Safety and Welfare Committee of the Board of Aldermen at which time you will be heard. Notice of a request for such hearing must be served on the enforcement officer either personally or by certified mail within 15 days of your receipt of this notice.
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THE CITY OF MILFORD
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By
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Date:
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(b)
Notice shall also be published in a newspaper having a substantial
circulation in the City. In addition to the notice provided for above,
the enforcement officer shall also post the following notice:
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NOTICE:
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This vehicle is declared to be in violation of the provisions of an ordinance prohibiting the depositing or retention of abandoned, inoperable or unregistered motor vehicles and as such will be disposed of in accordance with the provisions of Section 14-47 of the article unless this notice is contested by requesting a hearing before the Public Safety and Welfare Committee of the Board of Aldermen within 15 days from the date hereof in accordance with Section 14-44 of this article (Chapter 14, Article III, Milford Code of Ordinances) or upon failure to request a hearing, if the vehicle is not removed within 30 days from the date hereof.
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[Ord. of 6-6-1977, § 4(c); Ord. of 11-10-1986, § 3]
Any recipient of a written notice of violation served by the enforcement officer, pursuant to this article, who wishes to contest the finding of the enforcement officer that the recipient is in violation of Section 14-41(a) of this article, may request a hearing before the Public Safety and Welfare Committee of the Board of Aldermen. A request for such a hearing must be served upon the enforcement officer either personally or by certified mail within 15 days of the receipt of the notice of violation by the recipient. The enforcement officer shall then inform the Chairman of the Public Safety and Welfare Committee that a hearing has been requested and ask that a date for this hearing be set, and that the hearing shall be set at the next regularly scheduled public hearing of the Public Safety and Welfare Committee within 45 days. Request for such a hearing will automatically stay the effect of the notice of violation and order to correct issued by the enforcement officer until such time as the Public Safety and Welfare Committee has made a final decision based on its hearing.
[Ord. of 6-6-1977, § 4(d)]
If a hearing is requested pursuant to Section 14-44 of this article, the Public Safety and Welfare Committee of the Board of Aldermen shall review the findings of the enforcement officer that a violation exists, shall hear evidence from all concerned parties as to the nature of the violation and shall make a final determination as whether the motor vehicle in question is in fact abandoned, inoperable or unregistered as defined by this article, and as to whether the enforcement officer's order to correct such violation is reasonable under the circumstances.
[Ord. of 6-6-1977, § 4(i)]
The decision of the Public Safety and Welfare Committee of the
Board of Aldermen, after conducting its public hearing, will be final.
The Public Safety and Welfare Committee may uphold the findings and
order of the enforcement officer, may amend the findings and order
in whole or in part, or may overturn the findings and order completely.
In its decision, the Public Safety and Welfare Committee shall specify
the action to be taken by the property owner and the time in which
the property owner must take such action. The final decision of the
Public Safety and Welfare Committee shall be served upon the property
owner either personally or by certified mail within seven days of
its decision. Appeal from the decision of the Public Safety and Welfare
Committee of the Board of Aldermen to the courts of the state shall
be in accord with the state's statutes governing appeals of municipal
boards and commissions.
[Ord. of 6-6-1977; Ord. of 11-10-1986, § 4]
Upon the failure of any property owner to comply with the provisions
of any notice issued in accordance with the provisions of this article
or upon the failure of any property owner to comply with the final
decision of the Public Safety and Welfare Committee of the Board of
Aldermen, the enforcement officer and/or his agent may enter upon
such land and cause to be removed such abandoned, inoperable or unregistered
vehicle. All fines, costs and expenses incurred shall be the responsibility
of the property owner.
[Ord. of 6-6-1977; § 6; Ord. of 11-10-1986, § 5]
The owner of property upon which any vehicle found to be in violation of Section 14-41 of this article is located, where said vehicle has not been removed within 30 days of receipt of notice of violation shall be subject to a fine of $50 and shall be responsible for any costs associated with removal, including expenses on account of notification pursuant to this article regarding any such vehicle. The City of Milford shall have a lien upon the property of any person for the total amount of fines, charges and expenses on account of notification regarding and/or removal of any abandoned, inoperable, or unregistered vehicles from such property where fines, charges and expenses remain unpaid for more than 30 days after notice thereof. Said fines, charges and expenses may be collected in the manner provided by law for the collection of delinquent taxes.
Any person who resists, obstructs or interferes with any agent, servant or officer of the City when engaged in the execution of any provision of this article shall also be subject to punishment as provided in Section 1-9 of this Code. The penalties provided in this section shall be in addition to any other relief or remedy provided by this article or penalty provided by law.
