[HISTORY: Adopted by the Town Council of the Town of Wethersfield as Secs. 2-6-101 through 2-6-109 of the Code of 1972; amended in its entirety 3-6-2006. Subsequent amendments noted where applicable.]
The parking, indefinitely, of inoperable vehicles, as defined in this chapter, is declared to constitute a nuisance detrimental to the community.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- INOPERABLE VEHICLE
- Any motor vehicle which is currently not capable of being started and safely and properly operated on the highway or which does not bear a valid and current license plate.
It shall be unlawful for any person, tenant, occupant or the owner of property to park or permit to be parked any inoperable vehicle on any unenclosed property within any zone and within 200 feet of any street line or property line in the Town of Wethersfield without a permit as provided in this chapter.
Application shall be made to the Chief Building Official of the Town of Wethersfield within 48 hours after any inoperable vehicle has been parked on any unenclosed property within the Town by filing on a form furnished by the Chief Building Official a statement of the following:
The address of the premises where the vehicle is to be parked.
The name and address of the owner or person in control of the premises and a statement attesting to his permission for such vehicle to be parked and the date of such permission.
The name and address of the registered owner of the inoperable vehicle for which the permit is sought; the registration or title shall be presented to the officer issuing the permit.
A description of the inoperable vehicle for which a permit is sought as to make, model, year of manufacture, last license issued and condition which rendered it inoperable.
The estimated length of time, not to exceed 60 days, for which the permit is being requested in order to restore the vehicle to operating condition.
The signature of the applicant.
The Chief Building Official may issue a permit based on a proper application. Such permit shall be valid for a period not to exceed 60 days from the date of application. A copy of such permit shall be posted inside the vehicle for which it was issued by affixing to the windshield or window so as to be readily visible at all times. Any permit may be renewed at the discretion of the Chief Building Official for a period not to exceed 60 days by filing a new application. No permit shall be transferable to any other person.
Every permit for storage of an inoperable vehicle on private property shall be subject to the conditions that:
No safety hazard shall be created or maintained.
All broken glass or partially detached parts shall be either removed and disposed of as rubbish or secured in a manner to prevent hazard.
The trunk or storage compartment shall be kept locked or otherwise secured adequately to prevent possible entrapment of a child.
The wheels or tires shall not be removed from the vehicle except for repairs.
The last issued license plates, if any, shall be kept on the vehicle.
The vehicle shall not be elevated or blocked in any unsafe manner.
All parts or components removed from the vehicle shall not be stored in the open.
No waste oil or other fluid shall be allowed to flow on the ground or pavement.
The vehicle may be parked only in the rear yard of residential property.
No violation of Chapter 167, Zoning, or any other applicable ordinance or statute shall be created.
All information furnished by the applicant as required by § 160-3 is essentially correct, and any false statement will be a violation of this chapter.
The repair of vehicles of others is prohibited.
No more than one inoperable vehicle shall be permitted on any premises.
Any permit issued under authority of this chapter may be revoked at the discretion of the Chief Building Official when, in his opinion, a violation of this chapter exists. Notice of such revocation shall be delivered to the permittee or posted conspicuously on the vehicle, along with a notice to cease storing said vehicle and to remove it to a proper storage or disposal location. The permittee shall remove the vehicle within 10 days after receiving said notice or after the notice is posted.
The Chief Building Official shall collect a fee of at the time of issuance of such permit for storage of an inoperable vehicle or renewal thereof.
Any inspector of the Motor Vehicle Department, any law enforcement officer or any state police officer, upon discovery of any motor vehicle apparently abandoned or a motor vehicle without proper registration, whether situated within or without any highway of this state, shall affix to such motor vehicle a notification sticker in a manner so as to be readily visible. This notification sticker shall contain the following information:
The date and time the notification sticker was affixed to the motor vehicle;
A statement that pursuant to this section, if the motor vehicle is not removed within 24 hours of the time the sticker was affixed, it shall be taken into custody and stored at the owner's expense;
The location and telephone number where additional information may be obtained; and
The identity of the affixing officer.
If the motor vehicle is not removed within such twenty-four-hour period, the affixing department shall take such motor vehicle into its custody and cause the same to be stored in a suitable place.
If the motor vehicle has no registration marker plates or invalid registration marker plates and if such inspector or officer makes a determination in good faith that the motor vehicle is apparently abandoned, the market value of such motor vehicle in its current condition is $100 or less and the motor vehicle is so vandalized, damaged or in disrepair as to be unusable as a motor vehicle, title to such motor vehicle shall, upon taking custody of such motor vehicle, immediately vest in the Town of Wethersfield. Within 48 hours of the time that such motor vehicle is taken into custody, the affixing department shall notify the Commissioner of Motor Vehicles, in writing, of the vehicle identification number and a description of the motor vehicle. Upon sale or other disposition of the motor vehicle, the affixing department shall give written notice by certified mail to the person who was the owner of such motor vehicle at the time of abandonment, if known, which notice shall state that the motor vehicle has been sold or otherwise disposed of. The proceeds of the sale or disposition or the fair market value of the motor vehicle in its current condition, whichever is greater, less the towing and sale or disposal expenses and the amount of any fines due, shall be paid to such person or his representatives, if claimed by him or them within one year from the date of sale. If such balance is not claimed within such period, it shall escheat to the Town. If the expenses incurred by the municipality for towing and the sale or disposition of such motor vehicle and any such fines exceed the proceeds of such sale or disposition, such person shall be liable to the Town for such excess amount.
Failure to comply with any of the provisions of this chapter shall constitute a violation. Any person violating this chapter shall be fined $100. Each act or each day's continuation of a violation shall be considered a separate offense.