[HISTORY: Adopted by the Town Council of the Town of Newington 9-27-1988
(§§ 6-70 to 6-78 of the 1974 Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 404.
The purpose of this chapter is to eliminate junked motor vehicles not
under cover from the Town. These junked motor vehicles have a blighting and
deteriorating effect upon the enjoyment of properties nearby and the value
of such properties and constitute a safety hazard to children in the neighborhood
and are hereby found to be a nuisance. Enforcement of this chapter shall be
by the Building Department working in conjunction with the Police Department.
For the purpose of this chapter, certain words and terms shall be defined
as follows:
A motor vehicle 25 years old or older which is being preserved and
which is not altered or modified from the original manufacturer's specifications.
The Chief of Police of Newington or his designee.
A motor vehicle 15 to 25 years old which is being preserved.
A motor vehicle which is incapable of being legally operated on public
roads without major work or modification. Missing parts or broken or severely
damaged components shall be prima facie evidence of inoperability.
A motor vehicle located on private property which is inoperable.
For the purposes of this definition, "junked motor vehicle" shall also include
parts of motor vehicles or iron, metal, glass, plastic, paper, cordage or
other waste, or discarded or secondhand materials which have been a part or
intended to be a part of any motor vehicle.
Repairs and/or modifications necessary to render a motor vehicle
operable which, in the reasonable opinion of the Zoning Enforcement Officer,
exceed $500.[1]
A motor vehicle 25 years old or older which has been modified for
safe road use, including, but not limited to, modifications to the drive train,
suspension, braking system and safety or comfort apparatus.
Any vehicle propelled or drawn by any power other than muscular,
as defined in C.G.S. § 14-1(50), as amended.[2]
Completely enclosed in a garage or other building serving the purpose
of a garage.
A three-member board consisting of three public citizens appointed
by the Town Council for terms of two years. Said terms shall be staggered
so that no more than two appointments will expire at any given time. In addition,
there shall be two alternate members consisting of public citizens appointed
by the Town Council for terms of two years, said terms to be staggered so
that they will expire every other year.
The Zoning Enforcement Officer of the Newington Building Department,
or his designee.
The following shall be exempt from the application of this chapter:
A.Â
Motor vehicles under cover.
C.Â
Motor vehicles stored in a place or depository maintained
in a lawful place and manner by the Town.
D.Â
Motor vehicles in the active process of being restored and/or repaired to operable condition, as stated in the application for repair filed with and approved by the Zoning Enforcement Officer in accordance with § 410-4, under the following conditions:
(1)Â
Only one such motor vehicle shall be permitted at any
time on the property;
(2)Â
All automobile parts used for the restoration must be
stored in the vehicle or in a structure, as permitted under Town Zoning Regulations;
(3)Â
Restoration and/or repair work is not to be done in the
front yard or side lot areas as determined by the Town's Zoning Regulations;
(4)Â
All such motor vehicles shall be covered with an opaque
tarpaulin whenever work is not being performed; and
(5)Â
Upon approval of the application for repair, one additional
junked motor vehicle may be maintained on the premises of said property for
use as replacement parts for the vehicle being repaired. Such junked motor
vehicle replacement parts may be kept on said property for a period not to
exceed 60 days and only one such sixty-day period is allowed during any one
year. Storage of such vehicle will not be done in the front yard or side lot
areas, as determined by the Town's Zoning Regulations, and if such vehicle
is not under cover, it shall be covered with an opaque tarpaulin whenever
work is not being performed.
A.Â
Any person or persons wanting to repair a junked motor
vehicle must complete an application for repair. Such application is to be
made to the office of the Zoning Enforcement Officer. The form of such application
shall be determined by the Zoning Enforcement Officer. The application for
repair shall be signed by the owner of the motor vehicle and the owner of
the property where the junked motor vehicle is located.
B.Â
Said repair permit shall be in effect for 60 days and
up to two additional thirty-day extensions may be granted by the Zoning Enforcement
Officer upon proof of work being performed or replacement parts being procured.
In the case of antique, modified antique, or classic automobiles, said repair
permit shall be in effect for one year, and a single one-year extension may
be granted by the Zoning Enforcement Officer upon proof of work being performed
or replacement parts being procured.
Junked motor vehicles not under cover are prohibited within the limits of the Town. Anyone responsible for causing or permitting a junked motor vehicle not under cover to exist shall be subject to a fine of $25 per day for each day or part thereof that the condition continues on private property for a period longer than 30 days as stated in the notice of violation, in accordance with § 410-6C. Each additional day or part thereof shall constitute a new and separate offense, punishable hereunder, after expiration of the time provided in the notice of violation. All fines imposed pursuant to this section are deemed to be costs collectible pursuant to § 410-8 of this chapter.
A.Â
When it is determined that a motor vehicle is located
for a period longer than 24 consecutive hours on a public highway, public
property, or on private property without the consent of the owner, the provisions
of C.G.S. § 14-150, as amended, shall apply.
B.Â
Prior to the implementation of § 410-6C of this chapter, and when the Zoning Enforcement Officer determines that a junked motor vehicle is located on private property, the Zoning Enforcement Officer, or the Chief when so directed by the Town Manager, shall serve a written warning by personal service or certified mail, return receipt requested, to the person in possession or control of such property and the owner of such property and the owner of such vehicle, if known. The written warning shall advise the recipient of the presence of a junked motor vehicle on said property and that, if the junked motor vehicle is present on said property after the expiration of 10 consecutive days from the date of issuance of the written warning, the provisions of § 410-6C of this chapter shall be implemented.
C.Â
When the Zoning Enforcement Officer determines that a junked motor vehicle is located on private property, the Zoning Enforcement Officer, or the Chief when so directed by the Town Manager, shall serve a written notice of violation by personal service or certified mail, return receipt requested, to the person in possession or control of such property, the owner of such property and the owner of such vehicle, if known, to remove said motor vehicle within 30 days after publication of notice of violation by the Zoning Enforcement Officer in a newspaper of substantial circulation in the Town. The notice of violation served under this section shall include an appraisal of condition of the vehicle report which shall list the components of the vehicle which cause it to be in violation of this chapter. The form of the appraisal of condition of the vehicle report shall be determined by the Zoning Enforcement Officer. If such owner or person remains in violation of this chapter after the expiration of the time period provided in this § 410-6C, the Chief shall remove and dispose of said motor vehicle.
Any person aggrieved by a notice of violation of the Zoning Enforcement
Officer shall have the right to file an appeal to the Vehicle Appeals Board
within 10 days of the receipt of notice of violation. A form for filing an
appeal shall be included with the notice of violation. The Zoning Enforcement
Officer shall schedule a hearing on the appeal before the Vehicle Appeals
Board within 10 days of the filing of the appeal, said hearing to be held
no later than 30 days after the filing of the appeal. At all such hearings,
the party filing the appeal shall have the burden of proving that said motor
vehicle(s) described in the notice of violation is/are not in violation of
this chapter. This burden shall be satisfied by a showing that all findings
contained within the appraisal of condition of the vehicle report are in error.
The decision of the Board shall be final and shall be rendered on the same
date as the hearing. Enforcement of this chapter shall not occur during the
appeal process. When applicable, the Chief shall enforce decisions of the
Vehicle Appeals Board 10 days after the rendering of the decision.
The Town shall have the right to collect from any owner of a junked
motor vehicle or from the person in possession or control or owner of the
property where a junked motor vehicle is located who is in violation of this
chapter the costs incurred in removing and/or disposing of the junked motor
vehicle. A bill for the Town's costs of removal and disposal shall be promptly
sent by the Town to the appropriate person. Said costs shall be reduced by
any sale of the junked motor vehicle. Where the full amount of costs due the
Town is not paid by the appropriate person within 30 days after the bill for
such costs has been submitted, the Town may file an action in the appropriate
court against any such person to recover all costs remaining unpaid.
When any junked motor vehicle is found, the Chief shall give written
notice to the Commissioner of Motor Vehicles which shall include the location
of the vehicle, the time the vehicle was first discovered and such other data
and description of the vehicle which would be helpful to the Commission in
identifying the vehicle and the owner of said vehicle.
