[Ord. No. 94-3, § 1, 8-1-1994]
The purpose of this article is to eliminate within the Town of Windsor abandoned, inoperable, or unregistered motor vehicles not parked in totally enclosed structures. Such vehicles have a deleterious effect on property values and constitute health and safety hazards.
[Ord. No. 94-3, § 2, 8-1-1994]
The following definitions shall apply in the interpretation and enforcement of this article:
Motor vehicle or the parts thereof which is not currently registered by the State of Connecticut Department of Motor Vehicles or not currently operable thereby inherently incapable of performing the function for which it was designed or incapable of immediately passing a motor vehicle department equipment inspection or incapable of immediately being driven on the highways of the State of Connecticut.
A motor vehicle 20 years old or older which is complete in appearance and being preserved, or being actively restored.
Any fully enclosed roofed structure including barns, sheds or other buildings legally erected and serving the purpose of housing a motor vehicle. This definition shall not include fences, tarps or car covers.
Any vehicle propelled or drawn by any power other than muscular, as defined in Connecticut General Statutes, Section 14-1(30), as amended.
Any and all components of a motor vehicle as herein defined including, but not limited to, tires, wheels, headlights, taillights, axles, engines, engine blocks, carburetors, bumpers, windshields, doors, mufflers, exhaust systems, pipes, seats, dashboards, trunks, frames, drive shafts, springs, shock absorbers, fuel tanks, and the like.
[Ord. No. 94-3, § 3, 8-1-1994]
The obligations under this article shall be the joint and several obligation of the owner of the motor vehicle and the owner of the real property on which said vehicle is located.
[Ord. No. 94-3, § 4, 8-1-1994]
(a)
Noncompliance. All abandoned, inoperable, or unregistered motor vehicles or parts thereof shall be kept in a completely enclosed structure unless a valid permit for repair, preservation, or temporary storage has been obtained as hereinafter provided. Any owner of a motor vehicle and/or the owner of the real property on which the motor vehicle is located who fails to comply with this article within 15 days of notice as herein provided shall be in violation of this article. Each motor vehicle so stored shall constitute a separate violation of this article. Each day said motor vehicle is so stored shall constitute a separate violation.
(b)
Removal and return. No vehicle once removed pursuant to said notice may be returned to said real property except in compliance with this article.
[Ord. No. 94-3, § 5, 8-1-1994; Ord. No. 97-1, § 1, 10-19-1997]
The owner of a motor vehicle which is an antique, rare or special interest motor vehicle or which is in the process of being repaired or which qualifies for temporary storage may apply to the Town Manager or his designee for an application for one of three permits as follows:
(1)
Restoration/preservation permit. Any owner of an antique, rare or special interest motor vehicle as herein defined may apply for an exemption from the effects of this article for a period not to exceed one year upon a satisfactory showing that said motor vehicle is actively being restored or preserved as an antique, rare or special interest motor vehicle. This permit may be renewed yearly as long as all requirements are met.
(2)
Temporary repair permit. Any owner of a motor vehicle which is in the process of being repaired may apply for a temporary permit for repair for a period of not longer than 60 days. No permit shall be issued if said repair work is being done commercially or for a fee or any consideration of value. After the expiration of said sixty-day period said motor vehicle must be registered by the department of motor vehicles or stored in compliance with this article.
(3)
Temporary storage. An owner of an unregistered motor vehicle which is neither abandoned nor inoperable but which the owner desires to have remain unregistered for a specific length of time not to exceed one year may apply for a temporary storage permit. A temporary storage permit may be issued for said unregistered motor vehicle (which is immediately capable of being registered and operated on highways of the State of Connecticut) for a period not to exceed one year. A temporary storage permit may be reissued for one additional year in the case of exceptional hardship.
[Ord. No. 94-3, § 6, 8-1-1994]
The Town Manager or his designee shall provide the applicant written notice of the issuance or denial of the application for any permit within 15 days of submission of a completed application. If a permit is denied, the applicant shall comply with this article within seven days of said denial. After denial no subsequent application for the same permit for the same vehicle shall be entertained.
[Ord. No. 94-3, § 7, 8-1-1994]
The following conditions shall apply before any application for any of the above permits shall be entertained:
(1)
The vehicle must be currently listed on the grand list of the Town of Windsor with taxes paid current.
(2)
Only one such motor vehicle shall be permitted at any time on the property. Not more than one permit shall be valid on any property at the same time.
(3)
All motor vehicle parts used for restoration or repair must be stored in the vehicle or in an enclosed structure.
(4)
No repair work is to be done nor are motor vehicles to be stored in the required front or side yard as determined by the Windsor Zoning Regulations.
(5)
As a condition for the issuance of a permit, the applicant joined by the owner of the property and the person or persons having the legal right of possession of the real property on which the motor vehicle shall be located shall grant the Town Manager or his authorized representative the right to enter upon his or her property for the limited purpose of enforcing this article.
(6)
Unless the motor vehicle is located on a driveway, no such permit shall be issued and no such permit shall be valid for any vehicle located in the front yard of the house defined to include all area to the front of the plane of the house or nearer than 75 feet from the street line if located on a parcel of land without a dwelling unit.
(7)
The applicant shall pay the application fee established by Council to defray the cost of the permit program.
(8)
Upon approval of the application for repair, one similar motor vehicle may be maintained for use as replacement parts for the vehicle being repaired. Such replacement parts vehicle may be kept on the property for a period not to exceed 30 days.
[Ord. No. 94-3, § 8, 8-1-1994]
Upon the issuance of any permit hereunder, the applicant shall permanently display said permit on the vehicle in such manner as to be clearly visible on inspection.
[Ord. No. 94-3, § 9, 8-1-1994]
The violation of any of the conditions herein specified under which a permit is granted or maintained shall make that permit null and void.
[Ord. No. 94-3, § 10, 8-1-1994]
A fee for processing of an application for repair and monitoring compliance shall be set by the Windsor Town Council and adjusted periodically. No permit shall issue until all appropriate fees are paid.
[Ord. No. 94-3, § 11, 8-1-1994]
Anything to the contrary notwithstanding, it shall not be a violation of this article to store up to one inoperable or unregistered motor vehicle if completely enclosed in fencing so as not to be visible either from a public street or from neighboring properties provided:
[Ord. No. 94-3, § 12, 8-1-1994]
The Town Manager or his designee acting through the Windsor Police Department shall have the responsibility for enforcing this article. Whenever the Town Manager or his designee or any police officer has determined that a violation of this article is occurring, the following action shall be taken:
(1)
Written notice by personal or abode service or by certified mail shall be given to the owner of the real property on which such motor vehicle is located and to the owner of the vehicle (if said owner is readily known) warning that an infractions complaint will issue if compliance with this article is not made within 15 days and further warning that, absent compliance, the Town of Windsor pursuant to Connecticut General Statutes Section 14-150a may cause the removal of any such vehicle after 30 days.
(2)
General notice shall be given to the same effect in a newspaper having substantial circulation in Windsor in accordance with Connecticut General Statutes Section 14-150a.
[Ord. No. 94-3, § 13, 8-1-1994]
Any person or persons who violate this article shall be fined not more than $100 for each day or part thereof such violation continues after the final date for compliance specified in the notice herein provided. If more than one abandoned inoperable or unregistered motor vehicle is stored, each motor vehicle so stored shall constitute a separate violation of this article. In addition to the penalties herein specified, the Town of Windsor acting through the Town Manager or his designated official is authorized to institute civil litigation for an order of the Superior Court causing said abandoned, inoperable, or unregistered motor vehicle and the parts thereof as herein defined to be immediately removed from the subject premises with all costs of removal and enforcement of this article including a reasonable attorney's fees to be assessed against the owner of the real property and owner of the vehicle and to constitute a foreclosable lien on said real property until fully paid.
