The purpose of this chapter is to eliminate junked motor vehicles
not under cover from the Town. These junked motor vehicles have a
blighting and deteriorating effect upon the enjoyment of properties
nearby and the value of such properties and constitute a safety hazard
to children in the neighborhood, and are found to be a nuisance. Enforcement
of this chapter shall be by the Building Department, working in conjunction
with the Police Department.
As used in this chapter, the following terms shall have the
meanings indicated:
ANTIQUE
A rare or special-interest motor vehicle; a motor vehicle
25 years old or older which is being preserved and which is not altered
or modified from the original manufacturer's specifications.
CHIEF
The Chief of Police of Windsor Locks or his designee.
INOPERABLE
A motor vehicle which is incapable of being legally operated
on public roads without major work or modifications. Missing parts
or broken or severely damaged components shall be prima facie evidence
of inoperability.
JUNKED MOTOR VEHICLE
A motor vehicle located on private property which is inoperable.
For the purposes of this definition, "junked motor vehicle" shall
also include parts of motor vehicles or iron, metal, glass, plastic,
paper, cordage, or other waste, or discarded or secondhand materials
which have been a part of or intended to be a part of any motor vehicle.
MAJOR WORK OR MODIFICATION
Repairs and/or modifications necessary to render a motor
vehicle operable which, in the reasonable opinion of the Zoning Enforcement
Officer, exceed $200.
MODIFIED ANTIQUE MOTOR VEHICLE
A motor vehicle 25 years old or older which has been modified
for safe road use, including, but not limited to, modifications to
the drive train, suspension, braking system and safety or comfort
apparatus.
MOTOR VEHICLE
Any vehicle propelled or drawn by any power other than muscular,
as defined in C.G.S. § 14-1(53), as amended.
UNDER COVER
Completely enclosed in a garage or other building serving
the purpose of a garage.
VEHICLE APPEALS BOARD (VAB)
A three-member board consisting of three public citizens
appointed by the Board of Selectmen for a term of two years. Said
terms shall be staggered so that not more than two appointments shall
expire at any given time. In addition, there shall be two alternate
members consisting of public citizens appointed by the Board of Selectmen
for a term of two years, said terms to be staggered so that they will
expire every other year.
The following shall be exempt from the application of this article:
A. Motor vehicles under cover.
B. Motor vehicle junkyards, licensed pursuant to C.G.S. § 14-67i,
not in violation of any zoning regulations of the Town of Windsor
Locks.
C. Motor vehicles in the active process of being restored and/or repaired to operable condition, as stated in the application for repair filed with and approved by the Zoning Enforcement Officer in accordance with §
335-4, under the following conditions:
(1) Only one such motor vehicle shall be permitted at any time on the
property;
(2) All automobile parts used for the restoration must be stored in the
vehicle or in a structure, as permitted under Town zoning regulations;
(3) Restoration and/or repair work is not to be done in the front yard
or side yard areas as determined by the Town's zoning regulations;
(4) All such motor vehicles shall be covered with an opaque tarpaulin
whenever work is not being performed; and
(5) Upon approval of the application for repair, one additional junked
motor vehicle may be maintained on the premises of said property for
use as replacement parts for the vehicle being repaired. Such replacement
parts junked motor vehicle may be kept on said property for a period
not to exceed 60 days; and only one such sixty-day-period is allowed
during any one year. Storage of such vehicle will not be done in the
front yard or side yard areas, as determined by the Town's zoning
regulations, and, if such vehicle is not under cover, it shall be
covered with an opaque tarpaulin whenever work is not being performed.
Junked motor vehicles not under cover are prohibited within the limits of the Town. Anyone responsible for causing or permitting a junked motor vehicle not under cover to exist shall be subject to a fine of $25 per day for each day or part thereof that the condition continues on private property for a period longer than 30 days, as stated in the notice of violation, in accordance with §
335-6C. Each additional day or part thereof shall constitute a new and separate offense, punishable hereunder, after expiration of the time provided in the notice of violation. All fines imposed pursuant to this section are deemed to be costs collectable pursuant to §
335-8 of this chapter.
Any person aggrieved by a notice of violation of the Zoning
Enforcement Officer shall have the right to file an appeal to the
Vehicle Appeals Board within 10 days of the receipt of the notice
of violation. A form for filing an appeal shall be included with the
notice of violation. The Zoning Enforcement Officer shall schedule
a hearing on the appeal before the Vehicle Appeals Board within 10
days of the filing of the appeal, said hearing to be held no later
than 30 days after the filing of the appeal. At all such hearings,
the party filing the appeal shall have the burden of proving that
said motor vehicle(s) described in the notice of violation is/are
not in violation of this chapter. This burden shall be satisfied by
showing that all findings contained within the Appraisal of Condition
of the Vehicle Report are in error. The decision of the Board shall
be final and shall be rendered on the same date as the hearing. Enforcement
of this chapter shall not occur during the appeal process. When applicable,
the Chief of Police shall enforce decisions of the Vehicle Appeals
Board 10 days after the rendering of the decision.
The Town shall have the right to collect from any owner of a
junked motor vehicle, or from the person in possession or control
or owner of the property where a junked motor vehicle is located,
who is in violation of this chapter, the costs incurred in removing
and/or disposing of the junked vehicle. A bill for the Town's
costs of removal and disposal shall be promptly sent by the Town to
the appropriate person. Said costs shall be reduced by any sale of
the junked motor vehicle. Where the full amount of costs due the Town
is not paid by the appropriate person within 30 days after the bill
for such costs has been submitted, the Town may file an action in
the appropriate court against any such person to recover all costs
remaining unpaid.
When any junked motor vehicle is found, the Chief of Police
shall give written notice to the Commissioner of Motor Vehicles which
shall include the location of the vehicle, the time the vehicle was
first discovered and such other data and description of the vehicle
which would be helpful to the Commissioner in identifying the vehicle
and the owner of said vehicle.