[Ord. of 12-4-02(1), § 1; Ord. of 12-16-02, § 1]
The purpose of this article is to provide for the removal of
abandoned, inoperable, or unregistered motor vehicles within the Town,
as authorized by C.G.S. § 14-150a.
[Ord. of 12-4-02(1), § 2; Ord. of 12-16-02, § 2]
For the purpose of the article, the following terms, phrases,
words and their derivatives shall have the meaning given herein:
Any motor 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 Durham Board of Selectmen or its designee.
The First Selectman of the Town or his or her designee.
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. The burden of proof shall be upon the person
in whose name the motor vehicle is registered, or in case of an unregistered
motor vehicle upon the owner or occupant of the land whereon such
motor vehicle is located, to prove to the satisfaction of the director
of traffic that such motor vehicle is in operable condition when requested
to do so. Failure by the registered owner, or the property owner or
occupant in the case of an unregistered motor vehicle, to forthwith
demonstrate that such motor vehicle is in operable condition shall
create the presumption that such motor vehicle is inoperable. Motor
vehicles in inoperable condition may include without being limited
to motor vehicles which are wrecked, dismantled, partially dismantled,
or discarded.
Any vehicle which is self-propelled and designed to travel along the ground, including but not limited to automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, campers, trailer sand snowmobiles, and any other motorized vehicle suitable for operation on a highway and included in the definition of motor vehicles found in C.G.S. § 14-1. Any vehicle excluded from the definition of "motor vehicle" under C.G.S. § 14-1 shall be excluded from the definition of "motor vehicle" under this article.
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 Town of Durham.
Any motor vehicle which does not have lawfully affixed thereto
an unexpired registration plate or plates.
[Ord. of 12-4-02(1), § 3; Ord. of 12-16-02, § 3]
(a)
No person shall park, store, leave, or permit the parking, storing
or leaving of any unregistered or inoperable motor vehicle on any
public or private property within the Town.
(b)
No person shall park, store, leave or permit the parking, storing
or leaving of any abandoned motor vehicle on any public or private
property within the Town.
(c)
The presence of an abandoned, inoperable, unregistered motor vehicle
on private or public property within the Town is hereby declared a
public nuisance which may be abated as such in accordance with the
provisions of this article.
(d)
This article shall not apply to the following:
(1)
To any motor vehicle enclosed within a building on private property;
(2)
To unregistered, abandoned or inoperable motor vehicles stored
at the Town garage and used for training exercises by or under the
supervision of the Durham Volunteer Fire Company or any other Fire
Department serving the Town.
(3)
On any lot in a residential district as defined by the Town's
zoning regulations, to one unregistered motor vehicle in operable
and good condition and parked in the rear yard of the lot outside
of any garage. "Good condition" is defined as having fully inflated
tires, all doors, including the hood and trunk, intact and with no
broken or missing windows.
[Ord. of 12-4-02(1), § 4; Ord. of 12-16-02, § 4]
(b)
The notice of nuisance shall be served as follows:
(1)
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.
(2)
By posting a copy of the notice of nuisance in a conspicuous
place upon the private property on which the vehicle is located.
(3)
By publishing a copy of the notice in a newspaper having a substantial
circulation in the Town.
(c)
(d)
The notice of nuisance shall advise that upon failure to abate the nuisance, the director of traffic may undertake removal of the motor vehicles 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. The notice of nuisance shall also advise each person to whom the notice is directed that such person may within 15 days from the date of the notice request a hearing before the appeals board concerning the notice of nuisance. For any notice of nuisance issued by the director of traffic under this ordinance, the date of notice shall be deemed the latest to occur of any method of notice described in Subsection (b) of this § 10-64.
[Ord. of 12-4-02(1), § 5; Ord. of 12-16-02, § 5]
Any person to whom a notice of nuisance as described in § 10-64 is directed, or the person's duly authorized agent, may file a written request for a hearing on the notice of nuisance with the appeals board within 15 days from the date of notice.
[Ord. of 12-4-02(1), § 6; Ord. of 12-16-02, § 6]
The hearing provided for in § 10-65 shall be held as soon as practicable after the filing of the request for a hearing. All persons to whom the notice of nuisance 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 director of traffic and persons to whom the notice of nuisance 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.
The appeals board shall decide after the hearing whether (1)
the motor vehicle or vehicles in questions on the date of the notice
of nuisance constituted a nuisance requiring an abatement under this
article and (2) if so, whether the nuisance has been abated. The appeals
board's decision shall be mailed by certified or registered mail to
each person to whom the director of traffic had sent the notice of
nuisance. 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.
[Ord. of 12-4-02(1), § 7; Ord. of 12-16-02, § 7]
(a)
If the nuisance described in the notice of nuisance has not been
abated by the latest of:
(1)
The compliance period given in the notice of nuisance, if no
appeal is taken to the appeals board; or
(2)
Fifteen days from the date the appeals boards mails its decision,
if request for a hearing is timely filed with the appeals board and
the appeals board decides that a nuisance exists and must be abated;
or
(3)
Fifteen days from a final judicial decision confirming the decision
of the appeals board, if the decision of the appeals board is appealed
to the superior court;
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then the director of traffic shall have the right to take possession of the abandoned, inoperable or unregistered 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 director of traffic to enter upon private property for the sole purpose of removing a motor vehicle under the provisions of this § 10-67.
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(b)
Within 48 hours of the removal of such motor vehicle the director
of traffic 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 article. 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 for more than 60 days.
[Ord. of 12-4-02(1), § 8; Ord. of 12-16-02, § 8]
(a)
After removing any motor vehicle under this ordinance, the director
of traffic shall after 10 days from removal cause it to be appraised.
(b)
Private sale. If the vehicle is appraised at $500 or less, the director
of traffic 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 director of traffic,
after complying with the above may, after 30 days, summarily dispose
of the vehicle 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 not less than 60 days, the director of traffic may sell
the vehicle at a public sale. The director of traffic shall advertise
the public sale in a newspaper published or having circulation in
the Town, three times commencing at least five days before the sale.
The director of traffic 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.
The notice of sale shall state:
(1)
The sale is of an abandoned, inoperable or unregistered motor
vehicle in the possession of the Town;
(2)
A description of the vehicle, including make, model, registration
number, if known, and any other information which will accurately
identify the vehicle;
(3)
The terms of sale;
(4)
The date, time and place of sale.
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The vehicle shall be sold to the highest bidder. At the time
of the payment of the purchase price, the director of traffic 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. Should the sale for any reason be invalid,
the Town's liability shall be limited to the return of the purchase
price.
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[Ord. of 12-4-02(1), § 9; Ord. of 12-16-02, § 9]
The owner of any vehicle seized under the provisions of this
ordinance 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 director of traffic and shall
pay to the Town such sum as the director of traffic may determine
and fix for the reasonable expense of removal, for any preliminary
sale advertising expenses, and for reasonable daily storage charges
for the vehicle redeemed.
[Ord. of 12-4-02(1), § 10; Ord. of 12-16-02, § 10]
Upon sending of a notice of nuisance in accordance with § 10-64 and subject to the appeal rights given in this ordinance, the owner of any abandoned, unregistered 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 (1) jointly and severally responsible for the abatement of the nuisance and (2) in the event the director of traffic abates the nuisance by removing and impounding the motor vehicle, jointly and severally liable to the Town for the expenses the director of traffic incurs.
The director of traffic is authorized to institute civil proceedings
if necessary to collect any amounts any person may owe to the Town
because of violation of this article.
