[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:
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.
A.
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.
B.
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:
(1)
The address of the premises where the vehicle is to
be parked.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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:
A.
No safety hazard shall be created or maintained.
B.
All broken glass or partially detached parts shall
be either removed and disposed of as rubbish or secured in a manner
to prevent hazard.
C.
The trunk or storage compartment shall be kept locked
or otherwise secured adequately to prevent possible entrapment of
a child.
D.
The wheels or tires shall not be removed from the
vehicle except for repairs.
E.
The last issued license plates, if any, shall be kept
on the vehicle.
F.
The vehicle shall not be elevated or blocked in any
unsafe manner.
G.
All parts or components removed from the vehicle shall
not be stored in the open.
H.
No waste oil or other fluid shall be allowed to flow
on the ground or pavement.
I.
The vehicle may be parked only in the rear yard of
residential property.
J.
No violation of Chapter 167, Zoning, or any other applicable ordinance or statute shall be created.
K.
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.
L.
The repair of vehicles of others is prohibited.
M.
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.
A.
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:
(1)
The date and time the notification sticker was affixed
to the motor vehicle;
(2)
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;
(3)
The location and telephone number where additional
information may be obtained; and
(4)
The identity of the affixing officer.
B.
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.
C.
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.
