[HISTORY: Adopted by the Board of Aldermen of the City of Derby 2-16-2004.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A motor vehicle which, after a good faith determination, has the
appearance that the owner has relinquished control without the intention of
reclaiming it, including, but not limited to, a vehicle with no marker plates,
invalid marker plates, or one which is so damaged, vandalized, dismantled
or partially dismantled that it is inoperable.
A motor vehicle that (i) is incapable of being operated on public
roads without major repair work or modifications, (ii) is unregistered and
in its current condition cannot be legally registered with the Connecticut
Department of Motor Vehicles, or (iii) is unregistered and in a state or condition
as to create a public nuisance or a safety or health hazard. Missing parts
or broken or severely damaged components shall be prima facie evidence of
inoperability.
An automobile, truck, tractor, van, camper, mobile home, motorcycle,
or any other wheeled vehicle propelled by nonmuscular power designated for
use or used on public roads and required to be registered with the Connecticut
Department of Motor Vehicles; or
A camper trailer, boat trailer or any other rubber-tired trailer designed
to be drawn or propelled by a motor vehicle.
Worn out or cast off metal, glass, fiberglass, fabric or other materials
that formerly were part of any motor vehicle or were intended to be a part
of any motor vehicle and:
A.
This chapter is adopted pursuant to C.G.S. § 7-148(c)(7)(H)(xv)
and is considered a blight ordinance and is also adopted pursuant to C.G.S.
§ 14-150a.
B.
Nothing herein shall be construed to require any town
official to hold a sale or public auction of motor vehicles. Any licensed
wrecker service or garage shall comply with the C.G.S. § 14-150,
as revised, in such matters as, including, but not limited to, owner notification,
towing of motor vehicles, storage and payment of service.
A.
No person shall permit any abandoned or inoperable motor
vehicle to remain located in any unenclosed area upon such person's real
property within the limits of the City for a period exceeding 30 consecutive
calendar days.
B.
Any motor vehicle that is removed pursuant to this chapter
shall not be returned to the same real property unless it has been made operable
and has been registered with the Connecticut Department of Motor Vehicles.
C.
"Unenclosed area" means not within a four-walled garage
or permanent structure.
A.
The owner of a motor vehicle which is in the process
of being repaired or restored may apply to the Vehicle Appeals Board for an
application for a temporary permit for repair or restoration for a period
of not longer than 60 days. No permit shall be issued if said repair or restoration
work is being done commercially or for a fee or any consideration of value.
After the expiration of said sixty-day period said motor vehicle must be registered
by the Department of Motor Vehicles or stored in compliance with this chapter.
B.
The Board shall provide the applicant written notice
of the issuance or denial of the application for any permit within 15 days
of submission of a completed application. If a permit is denied, the applicant
shall comply with this chapter within seven days of said denial. After denial,
no subsequent application for the same permit for the same vehicle shall be
entertained.
C.
The following conditions shall apply before any application
for any of the above permits shall be entertained:
(1)
The vehicle must be currently listed on the grand list
of the City of Derby with taxes paid current.
(2)
Only one such motor vehicle shall be permitted at any
time on the property. Not more than one permit shall be valid on any property
at the same time.
(3)
All motor vehicle parts used for restoration or repair
must be stored in the vehicle or in an enclosed structure.
(4)
No repair work is to be done nor are motor vehicles to
be stored in the required front or side yard as determined by Chapter 195,
Zoning.
(5)
As a condition for the issuance of a permit, the applicant,
joined by the owner of the property and the person or persons having the legal
right of possession of the real property on which the motor vehicle shall
be located, shall grant the Building Official the right to enter upon his
or her property for the purpose of enforcing this section.
(6)
Unless the motor vehicle is located on a driveway, no
such permit shall be issued and no such permit shall be valid for any vehicle
located in the front yard of the house.
(7)
The applicant shall pay the application fee established
by Board to defray the cost of the permit program.
(8)
Upon approval of the application for repair, one similar
motor vehicle may be maintained for use as replacement parts for the vehicle
being repaired. Such replacement parts vehicle may be kept on the property
for a period not to exceed 30 days.
D.
Upon the issuance of any permit hereunder, the applicant
shall permanently display said permit on the vehicle in such manner as to
be clearly visible on inspection.
E.
The violation of any of the conditions herein specified
under which a permit is granted or maintained shall make that permit null
and void.
A.
This chapter shall not apply to abandoned or inoperable
motor vehicles or discarded motor vehicle parts which are located in an automobile
repair business licensed in accordance with the General Statutes of the State
of Connecticut, as amended, or permitted under any exemptions to any such
licensing requirements.
B.
Motor vehicles used exclusively on farms located on farm
property are exceptions to the requirements of this chapter.
A.
The Building Official of the City shall be responsible
for providing all notices required by this chapter.
B.
The Chief of Police shall be responsible for the removal
and disposition of any such abandoned motor vehicle and discarded motor vehicle
parts.
C.
The Building Official, or his designee, when he has determined
that a violation of § 185-3 of this chapter has been committed,
shall provide notification to the owner of the private property on which the
abandoned or inoperable motor vehicle or discarded motor vehicle parts are
located, the person in possession or control of such property, and also the
owner of said vehicle or parts, if known, and take the appropriate action.
Such notification and action shall consist of:
(1)
Written notice sent by registered or certified mail,
return receipt requested and postage prepaid, to cause the immediate removal
of such vehicle or parts from such property, and the publication of such notice
in a newspaper having a substantial circulation in the City of Derby. If provided
in the manner set forth herein, any such notice shall be deemed to have been
received on the third business day subsequent to it having been deposited
for mailing purposes in any postal office regularly maintained by the United
States Postal Service and the third business day subsequent to its publication.
(2)
The notice shall state:
(a)
That the motor vehicle must be removed by the owner of
the real property on which the motor vehicle is located within 30 calendar
days from the date of receipt of said notice or publication thereof;
(b)
The condition(s) of the vehicle that is the grounds for
the violation of this chapter; and
(c)
The recipient's right to request a hearing before
the Vehicle Appeals Board by submitting a written request for such a hearing
to the Building Official within 15 calendar days of receipt of the notice
or publication of the notice.
(d)
Failure by the owner of the real property on which the
motor vehicle is located to remove the motor vehicle within 30 calendar days
after receipt of a notice of violation shall constitute a violation of § 185-3
of this chapter, and shall be deemed a public nuisance. Any person who violates
this chapter shall be fined $25 per day for each day after the expiration
of the thirty-day period specified in the notice that the violation continues
to exist. If such owner or person has not caused removal of such vehicle or
discarded motor vehicle parts from such private property within 30 calendar
days of receipt of said notification, the City of Derby may cause removal
of such motor vehicle or parts to a licensed junkyard or to an area authorized
by the proper authority for impoundment and disposal of such vehicle or parts.
The City of Derby shall be entitled to seek collection of its costs incurred
in the removal, storage and disposition of any such vehicle or parts from
the owner of such private property, the party in possession or control of
such property, or the owner of such vehicle or parts.
(e)
Notice pursuant to Subsection C and enforcement pursuant
to Subsection D shall not apply to wrecker services until 60 days from the
required filing date pursuant to C.G.S. § 14-150, provided the wrecker
has complied with statutorily mandated notification procedures and sent copies
thereof to the Chief of Police. Such wrecker services shall be licensed pursuant
to C.G.S. § 14-66.
(f)
In the event the motor vehicle is not removed, the following
action shall be taken:
[1]
After 30 days from notification, an infraction shall be issued
to the owner of the real property for each motor vehicle in violation of this
ordinance pursuant to C.G.S. § 7-148.
[2]
If, after another 10 days from the issuance of the first infraction,
the motor vehicle is still in violation, a second infraction shall be issued
and all motor vehicles in violation may be towed at the expense of the owner
of the real property.
[3]
As provided in Subsection E, any licensed wrecker service or
garage shall comply with the C.G.S. § 14-150, as revised, in such
matters as, including, but not limited to, owner notification, towing of motor
vehicles, storage and payment of service.
A.
The Vehicle Appeals Board shall consist of three residents
of Derby appointed by the Mayor subject to the approval of the Board of Aldermen,
each for a term of two years. The terms shall be staggered so no more than
two appointments will expire at any given time. In addition, there shall be
two alternates appointed in the same way for terms of two years with the terms
staggered so that one will expire every year.
B.
Any person aggrieved by a notice of violation shall have
the right to a hearing before the Vehicle Appeals Board by filing a request
written request for such a hearing with the Building Official within 10 calendar
days of receipt of any notice of violation or infraction. The notice of violation
and infractions shall inform the recipient of his/her right to file a request
for a hearing. A hearing before the Vehicle Appeals Board shall be scheduled
within 10 days of the filing of the request, and the hearing shall be held
no later than 30 days from the date of the filing of the hearing request,
unless mutually extended by the parties. At the hearing, the party filing
the hearing request shall have the burden of proving by a preponderance of
the evidence that the motor vehicle described in the notice of violation is
not in violation of this chapter. The decision of the Vehicle Appeals Board
shall be made within five business days of the close of the hearing and shall
be in writing setting forth the findings and conclusions of the Board. Any
motor vehicle subject to a hearing before the Vehicle Appeals Board shall
not be removed or caused to be removed by the City from the private property
where it is located during the appeal process unless and until a decision
is rendered by the Vehicle Appeals Board that the motor vehicle is in violation
of this chapter.
It shall be unlawful to interfere with or hinder the party authorized
to remove the abandoned or inoperable motor vehicle or to refuse such party
entry upon private property if such authorized party is attempting to remove
such a vehicle pursuant to the provisions of this chapter.
Prior to the removal of an abandoned motor vehicle as provided herein,
the Chief of Police or his designee shall notify the Commissioner of the Connecticut
Department of Motor Vehicles of the issuance by the City of Derby of such
removal notice, such notification to include the location of the vehicle,
the identification number thereof, if available, and such other description
or identification of the vehicle as may assist in establishing the legal ownership
of the vehicle.
Pursuant to C.G.S. § 7-148aa, any unpaid fine imposed pursuant
to this chapter shall constitute a lien upon the real property against which
the fine was imposed from the date of such fine.
Where there has been a violation of this chapter, the owner of an abandoned
or inoperable motor vehicle, the owner of the private property on which it
was located, and the person in possession of such property shall be jointly
and severally liable to the City for the costs incurred by the City in removing,
storing and/or disposing of said vehicle. If the vehicle is sold, such costs
shall be reduced by the net sales price paid, A bill for the City's costs
of removal, storage and disposition of the abandoned or inoperable motor vehicle
shall be promptly sent to all liable parties whose addresses are known. If
the bill for such costs is not paid in full within 30 days after the bill
for such costs has been submitted, the City may file an action to recover
all costs unpaid and shall also be entitled to an award of reasonable attorneys
fees and court costs.
In lieu of removing an abandoned or inoperable motor vehicle that is
in violation of this chapter, the City may file an action in the appropriate
Superior Court for an injunction ordering the owner of such vehicle and/or
the owner of the private property where such a vehicle is located to remove
the vehicle from said private property. If the City prevails in such an action
for injunctive relief, the City shall be entitled to an award of reasonable
attorneys fees.
