[Adopted 12-15-1988 (Ch. 11, § 11-2, of the Town Code)]
No person shall park, store, abandon or permit the parking, storing or leaving of any motor vehicle of any kind which is in a wrecked, dismantled, partially dismantled, inoperative or junked condition, whether registered or not, upon any highway or upon any open area on private property other than his/her own property, within the Town of Woodbury, for a period of time in excess of 24 hours. The presence of such motor vehicle is hereby declared a public nuisance which may be abated in accordance with the provisions herein.
No person shall park, store, leave or permit the parking, storing or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, partially dismantled, inoperative or junked condition, upon any property owned or controlled by such person, within the Town of Woodbury for a period of time in excess of 72 hours. The presence of such motor vehicles is hereby declared a public nuisance which may be abated in accordance with the provisions herein.
These subsections shall not apply to any motor vehicle enclosed within a building on private property or to any vehicles held in connection with a business enterprise lawfully licensed by the State of Connecticut and properly operated in the appropriate zone pursuant to the Woodbury Zoning Regulations, to any motor vehicle in operable condition specifically designed for operation on raceways or to any motor vehicle retained by the property owner for antique collection purposes 25 years or older and registered.
As used in this article, the following terms shall have the meanings indicated:
- Any state or other public highway, road, street, avenue, alley, driveway, parkway or place, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use.
- MOTOR VEHICLE
- Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, vans, campers and trailers.
Upon the determination by any police officer that a violation of § 232-1A herein has been committed, the police officer shall follow the procedures outlined in C.G.S. § 14-150, as amended, which is hereby incorporated herein by this reference.
Upon the determination by any police officer or agent that a violation of § 232-1B has been committed, the police officer shall affix to such motor vehicle a notification sticker in a manner so as to be readily visible. The notification sticker shall contain the following information:
If the motor vehicle is not removed within said 72 hours, a notice in writing shall be sent by certified mail to: 1) the owner of the motor vehicle, if known, and 2) the occupant of the property where the abandoned vehicle exists or the owner of the property, if different from above. A publication of the notice to any and all interested parties shall be printed one time in a newspaper having a substantial circulation in the Town of Woodbury.
Said notice shall state that the motor vehicle shall be removed by the owner of such motor vehicle, or by the owner or occupant of the property upon which such motor vehicle is located, as the case may be, within 30 days from the date of publication of the notice.
Failure by the owner of the motor vehicle, if known, or the owner or occupant of the property on which said motor vehicle is stored, as the case may be, to remove such motor vehicle shall be deemed a violation of § 232-1B and shall be subject to the penalties hereinafter provided. At such time, any police officer shall have the right to take possession of the motor vehicle and remove it from the premises. The owner of the motor vehicle or the owner or occupant of the property, as the case may be, shall be responsible for all fines and expenses incurred for removal and storage of the motor vehicle until the motor vehicle is claimed or disposed of pursuant to § 232-4 herein.
Within 48 hours of the removal of a motor vehicle in violation of § 232-1B, any police officer shall give notice by certified mail to the registered owner and any lienholders of the vehicle, if the same appears on the records of the Department of Motor Vehicles, and to the owner or occupant of the private property from which the vehicle was removed, that said vehicle (or vehicles) has been impounded and stored for violation of § 232-1B. The notice shall give the location of the storage of the vehicle (or vehicles), the costs incurred by the Town, the location and telephone number where additional information may be obtained and the identity of the police officer. If the motor vehicle has no registration marker plates, and if such officer makes a good faith determination that the vehicle is apparently abandoned and the market value of the vehicle is $100 or less, title of such vehicle shall vest in the Town of Woodbury. At such time, the Resident Trooper shall notify the Commissioner of Motor Vehicles of the vehicle's impoundment. If the motor vehicle is usable, such motor vehicle shall be sold after 15 days if the market value of such motor vehicle does not exceed $1,500 or after 45 days if the value of such motor vehicle exceeds $1,500.
The Resident Trooper shall give notice of public sale not less than 10 days before the date of the proposed sale. Such notice shall be sent to the Commissioner of Motor Vehicles and shall be published one time in a newspaper having a substantial circulation in the Town of Woodbury and shall state.
The owner of any vehicle seized under the provisions of this article may redeem such vehicle at any time after its removal prior to its sale upon proof of ownership and payment of the costs of storing the vehicle, towing the vehicle, publishing the notice of sale and the amount of fines due. If the vehicle is claimed after its sale, the previous owner shall be paid the amount of the sale, less the expenses noted herein. If the expenses exceed the proceeds of the sale, the owner shall be liable to the Town for such excess amount.
At the time of sale, the Resident Trooper shall execute a certificate of sale. Should the sale for any reason be invalid, the Town's liability shall be limited to the return of the purchase price.
The First Selectman shall appoint a hearing officer to determine whether the towing of the vehicle was authorized under this article should any owner of the vehicle contest the Town's action. If it is determined at a hearing that the provisions of § 232-1A and B were not violated, the owner of the motor vehicle shall not be liable for any expenses incurred.
If the hearing officer determines that action by the Town to remove the vehicle is justified, the violator shall be liable for all costs of removal of the motor vehicle, including storage of the vehicle, publishing the notices, and reasonable attorney's fees.
Any person aggrieved by the decision of the hearing officer may, within 15 days' of the notice of such decision, appeal to the Superior Court.
Any person who violates § 232-1A or B shall be fined not less than $85 for each day said violation continues after failure to abate such violation as provided in § 232-3 of this article. Each day of violation shall constitute a separate offense. Said fine shall be paid in person or by mail to the Town of Woodbury.