[HISTORY: Adopted by the Town Council of the Town of Farmington 8-23-1983
by Ord. No. 58; amended in its entirety 12-14-1999. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A motor vehicle not under cover, located on private property
for more than 30 cumulative days over any six-consecutive-month period or
located on public property for more than 24 consecutive hours that:
Any vehicle propelled or drawn by any power other than muscular,
to include but not limited to automobiles, trucks, station wagons, tractors,
trailers, motorcycles, buses, mobile homes, campers, boats, aircraft or other
like vehicles in whole and/or in part, including the storage of the parts
thereof.
Any component, section or waste such as old iron, metal, glass, rubber
or other material that has been or is intended to be part of a motor vehicle.
A motor vehicle that has been dismantled to accommodate repairs or
dismantled for the purpose of the sale and/or use of motor vehicle parts.
A motor vehicle that has been rendered unsafe through neglect or
is a hazard to the public, or creates a blighting effect on the property or
surrounding properties.
Completely enclosed (not visible from any adjoining properties, public
or private) in a garage or other permanent structure serving the purpose of
a garage.
A motor vehicle is deemed unsafe when the motor vehicle is in violation
of the State of Connecticut Department of Motor Vehicles standards and regulations
for motor vehicle safety.
Junked motor vehicles are prohibited within the limits of the Town.
Anyone responsible for causing or permitting a junked motor vehicle to exist
on public property for more than 24 consecutive hours, or on private property
for a period longer than 30 cumulative days in any six-month period, shall
be subject to a fine of $150 per day for each day or part thereof. Each additional
day or part thereof shall constitute a new and separate offense, punishable
hereunder.
A.
When it is determined that a junked motor vehicle is
located on a public highway or public property, the Town shall cause said
motor vehicle to be removed to a motor vehicle junkyard and shall notify,
by certified mail, the owner of the motor vehicle if he/she is known, and
shall have the right to collect from said owner the cost of removal. The Town
shall have the right to collect the cost incurred in removing and disposing
of such motor vehicle from the owner of the vehicle. If such cost is not paid,
the cost shall be charged on the next tax bill forwarded by the Town to such
owner if he/she is a taxpayer of the Town.
B.
When it is determined that a junked motor vehicle, an
abandoned motor vehicle or two or more unregistered motor vehicle(s) is/are
located on private property, the Town shall give written notice, by certified
mail, to the person in possession or control of such property and shall publish
a notice in a local newspaper with substantial circulation in Farmington,
requiring the owner of such property and the owner of such vehicle, if known,
to remove said motor vehicle. If such owner or person has not caused removal
of such vehicle within 30 days after receipt of said notification, the Town
may cause said motor vehicle to be removed to a motor vehicle junkyard. The
Town shall have the right to collect the cost incurred in removing and disposing
of such motor vehicle from the owner of the vehicle or from the person in
control of the property from which the motor vehicle was removed, unless it
shall be determined that the person in possession or control of such property
or the owner of the property or any member of their respective families was
in no way responsible for causing or permitting the junked motor vehicle to
be located on the property. Such costs, if not paid, shall be charged to the
responsible person on the next regular tax bill forwarded by the Town to such
person if he/she is a taxpayer of the Town.
C.
Abandoned and unregistered motor vehicles will be removed
as set forth in Connecticut General Statutes, Sections 14-150 and 14-150a.
A.
This chapter shall not apply to junked motor vehicles
located in a motor vehicle junkyard licensed in accordance with Chapter 406
of Title 21 of the State of Connecticut General Statutes, as amended,[1] or permitted under any exceptions as to licensing requirements.
[1]
Editor's Note: Chapter 406 of Title 21 was transferred; see now Chapter
246 of Title 14.
B.
This chapter shall not apply to businesses that are permitted
by the Town of Farmington's Plan and Zoning Commission or the Town of Farmington
Zoning Regulations to service, repair or sell motor vehicles, but shall not
exceed the limitations of the permit and/or expand the established use of
the property.
C.
This chapter shall not apply to construction equipment
when in use on a construction project, when the project has been permitted
by the Town of Farmington and/or the State of Connecticut.
A bill for the cost of the removal and disposal shall be promptly sent
by the Town to the appropriate person. Where the full amount of costs due
the Town is not paid by the appropriate person within 30 days after the bill
for costs has been submitted, the Police Chief or Zoning Enforcement Officer
shall cause to be recorded in the Town Clerk's office a sworn statement showing
the cost and expense incurred for the removal and disposal of the vehicle.
The recordation of such sworn statement shall constitute a lien and privilege
on the property of said resident and shall remain in full force and effect
for the amount due in principal and interest, plus reasonable attorney's fees
and court costs, if any, for the collection, until final payment has been
made. Said costs and expenses shall be collected in the manner fixed by law
for the collection of taxes and shall be subject to a delinquent penalty of
18% in the event that the same is not paid in full on or before the date the
tax bill upon which said charges appears becomes delinquent. Sworn statements
recorded in accordance with the provisions hereof shall be prima facie evidence
that all legal formalities have been complied with and that the removal and
disposition has been done properly and satisfactorily, and shall be full notice
to every person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described in the statement
and that the same is due and collectible as provided by law.
When any junked motor vehicle is found, the Town shall give written
notice to the Commissioner of Motor Vehicles, which notice shall include the
location of the motor vehicle, the time the vehicle was first discovered and
such data and description of the vehicle which would be helpful to the Commissioner
in identifying the vehicle and the owner of the vehicle.
This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedures established by Chapter 91 of the Farmington Town Code shall be followed.
