[HISTORY: Adopted by the Town Meeting of the Town of Thompson 1-27-2010 (Ord. No. 10-026). Subsequent
amendments noted where applicable.]
It is the intention of this chapter to provide for the protection
of the health, welfare, property, groundwater, and safety of the public
in general by prohibiting the existence of abandoned, wrecked, junked,
inoperative, discarded, and dismantled motor vehicles, or parts thereof,
left within the Town in places other than licensed junkyards or other
so designated areas.
For the purpose of this chapter, the following words and phrases
shall have the meaning described to them in this section:
A motor vehicle which, after a good-faith determination by
the designated enforcement officer, has the appearance that the owner
has relinquished control, including, but not limited to, a vehicle
with no marker plates, invalid marker plates, or lack of valid registration
sticker, or one which is damaged, vandalized, dismantled, partially
dismantled, inoperative, or unusable as a motor vehicle.
A farm or agricultural business that reports gross annual
sales of $2,500 or more from production of agricultural products [C.G.S.
§ 12-412(63)].
The enforcement officer shall be designated by the Select
Board.
The First Selectperson or, if the First Selectperson has
a conflict of interest, another member of the Select Board who will
be appointed by the Select Board.
[Amended 5-30-2023]
Any motor vehicle which, due to the mechanical condition
thereof, cannot be operated upon the public roadway without major
repair, or cannot be legally registered with the Connecticut Department
of Motor Vehicles in its current condition.
Any vehicle which is designed to be self-propelled. This
shall include, but is not limited to, automobiles, trucks, buses,
boats, aircraft, motor homes, all-terrain vehicles, snowmobiles, motorbikes,
and construction vehicles.
[Amended 5-30-2023]
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 provision of this chapter. Further,
one motor vehicle is exempted from the provisions of this chapter
if it is set back at least 40 feet from any road or property line
and 50 feet from wetland areas. In order for such a vehicle to be
exempt, the vehicle must be rendered safe, locked and inaccessible
to children and should be free of jagged, sharp, or protruding metal
or glass parts which could constitute a danger or a nuisance. The
area around the motor vehicle shall be maintained. All brush and growth
shall be controlled.
[Amended 5-30-2023]
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, and/or owner
of the property or his/her agent, notifying them of the existence
of the nuisance and requesting its removal within 30 days. The enforcement
officer shall also comply with any publication requirements set forth
in C.G.S. § 14-150(a) or otherwise for additional notices
which may be legally required.
A.
Upon proper notice and opportunity to be heard, the owner of the
private property on which the (same) motor vehicle is located shall
be responsible for its removal.
B.
In cases where the property owner is the complainant because of a
vehicle having been deposited on his/her property without his/her
knowledge or approval, the enforcement officer will notify the last
owner of the vehicle and will schedule a hearing of which the property
owner will be notified.
The enforcement officer shall give notice to remove to the owner
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 of the
private property at his last known address, together with such additional
notices as may be required by law.
The notice shall contain the specific vehicle or vehicles to
be removed and request for removal within the 30 days specified in
this chapter. The notice shall advise that failure to comply with
the notice to remove shall constitute a violation of this chapter.
The persons to whom the notices are directed, or their duly authorized agents, may file a written request with the First Selectperson's office for a hearing before the hearing officer, within the thirty-day period of compliance prescribed in § 251-6, 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, the Town and 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 hearing officer,
and the vehicle is not removed within one week of notice of the decision,
such failure shall constitute a violation of this chapter.
Each vehicle maintained in violation of this chapter shall be
considered a separate violation of this chapter. Penalty for each
violation: See Ordinance Schedule of Fees and Fines, which may be
assessed against the record owner of the vehicle, the occupant in
possession of the real estate, or the record owner of the real estate
upon which the vehicle is located. If the owner of the property on
which the vehicle is located is determined not be at fault, no penalty
shall be applied to that property owner. In addition to the above,
any violator may be held responsible for any groundwater, wetland
or nearby well water contamination. The Town of Thompson also reserves
the right to assess and tax abandoned vehicles and equipment.
