[HISTORY: Adopted by the Town Meeting of the Town of Ashford 6-9-1987. Amendments noted where applicable.]
It is the intention of this chapter to provide for the protection
of the health, welfare, property and safety of the public in general
by prohibiting the existence of abandoned, wrecked, junked, inoperative,
discarded and dismantled motor vehicles left within the Town in places
other than junkyards or other so designated areas.
For the purposes of this chapter, the following words and phrases
shall have the meaning ascribed to them in this section:
Any motor vehicle at least 10 years old which holds a distinctive
value because of its style, year of manufacture, name, place of manufacture
or method of construction.
Any vehicle which, due to the mechanical condition thereof,
cannot be operated upon the public roadway without major repair.
Any vehicle unregistered by the Department of Motor Vehicles
which is determined to be inoperable.
[Amended 6-7-2021]
Any vehicle which is self-propelled and designed to travel
along the ground and shall include but not be limited to automobiles,
buses, motor bikes, vans, motorcycles, motor scooters, trucks, go-carts,
golf carts, campers and trailers.
A.
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, inoperative, rusted, junked or partially dismantled
condition, whether attended or not, upon any public or private property
within the Town for a period of time in excess of 30 days. The presence
of an abandoned, wrecked, dismantled, inoperative, rusted, junked
or partially dismantled vehicle, or parts thereof, on private or public
property is hereby declared a public nuisance which may be abated
as such in accordance with the provisions of this chapter.
[Amended 6-7-2021]
B.
This section shall not apply to any vehicle enclosed within a building
on private property or to any vehicle held in connection with a business
enterprise duly licensed by the Connecticut Department of Motor Vehicles
and properly operated in the appropriate business zone, pursuant to
the zoning laws of the Town, or to any motor vehicle in operable condition
specifically adapted or designed for operation on drag strips or raceways,
or any vehicle retained by the owner for antique collection purposes.
Whenever it comes to the attention of the Town that any nuisance
as defined in this chapter exists, a notice in writing shall be served
upon the occupant of the land where the nuisance exists, or in case
there is no such occupant, then upon the owner of the property or
his agent, notifying them of the existence of the nuisance and requesting
its removal within 30 days.
Upon proper notice and opportunity to be heard, the owner of
the abandoned, wrecked, dismantled, or inoperative vehicle and the
owner or occupant of the private property on which the same is located,
either or all of them, shall be responsible for its removal. In the
event of removal and disposition by the Town, the owner or occupant
of the private property where the same is located shall be liable
for the expenses incurred, if there are any.
The Board of Selectmen or its designated agent shall give notice
of removal to the owner or occupant of the private property where
it is located, at least 30 days before the time of compliance. It
shall constitute sufficient notice when a copy of the notice is sent
by registered mail to the owner or occupant of the private property
at his last known address.
The notice shall contain the request for removal within the
30 days specified in this chapter, and the notice shall advise that
upon failure to comply with the notice to remove, the Town or its
designee shall undertake such removal with the cost, if any, of removal
to be levied against the owner or occupant of the property.
The persons to whom the notices are directed or their duly authorized
agents may file a written request for a hearing before the Board of
Selectmen or its designated agent within the thirty-day period of
compliance prescribed in this chapter for the purpose of defending
the charges made by the Town.
The hearing shall be held as soon as practicable after the filing
of the request, and the persons to whom the notices are directed shall
be advised of the time and place of said hearing at least seven days
in advance thereof. At any such hearing in the Town the persons to
whom the notices have been directed may introduce such witnesses and
evidence as either party deems necessary.
If the violation described in the notice has not been remedied
within the thirty-day period of compliance, or in the event that a
notice requesting a hearing is timely filed, a hearing is held, and
the existence of the violation is affirmed by the Board of Selectmen
or its designated agent, the Town shall have the right to take possession
of the junked motor vehicle and remove it from the premises. It shall
be unlawful for any person to interfere with, hinder, or refuse to
allow such person or persons to enter upon private property for the
purpose of removing a vehicle under the provisions of this chapter.
Before such final action shall be taken the Board of Selectmen shall
cause to be printed in a newspaper having a substantial circulation
in the Town a public notice indicating the intent of the Town to cause
the removal of said vehicle from private property.
Within 48 hours of the removal of such vehicle, the Board of
Selectmen or its designated agent shall give notice to the registered
owner of the vehicle, if known, and also to the owner or occupant
of the private property from which the vehicle was removed, that said
vehicle, or vehicles, have been impounded and stored for violation
of this chapter. The notice shall give the location of where the vehicle
or vehicles are stored and the costs incurred by the Town for removal.
Upon removing a vehicle under the provisions of this chapter,
the Town shall after 10 days cause it to be appraised. If the vehicle
is appraised at $200 or less, the Board of Selectmen shall summarily
dispose of the vehicle and execute a certificate of sale. If the vehicle
is appraised at over $200, the Board of Selectmen shall give notice
of public sale not less than 30 days before the date of the proposed
sale.
The notice of sale shall state:
A.
The sale of abandoned property in the possession of the Town of Ashford.
B.
A description of the condition of the vehicle, including make, model,
license number and any other information which will accurately identify
the vehicle.
C.
The terms of the sale.
D.
The date, time and place of the sale.
The owner of any vehicle seized under the provisions of this
chapter may redeem such vehicle at any time after its removal but
prior to the sale or destruction thereof upon proof of ownership and
payment to the Town of such sum as the Board of Selectmen may determine
and fix for the actual and reasonable expenses of removal, plus any
preliminary sale advertising expenses.
Upon the failure of the owner or occupant of property from which
abandoned vehicles have been removed by the Town to pay the unrecovered
expenses incurred by the Town in such removal, a lien shall be placed
upon the property for the amount of such expenses.
This chapter shall become effective 15 days after publication
in a newspaper having a circulation in the Town of Ashford.
