As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED MOTOR VEHICLE
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.
INOPERABLE MOTOR VEHICLE
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.
MOTOR VEHICLE
A.
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
B.
A camper trailer, boat trailer or any other rubber-tired trailer designed
to be drawn or propelled by a motor vehicle.
DISCARDED MOTOR VEHICLE PARTS
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.
Are hazardous to the safety or welfare of people or property;
B.
Are causing a nuisance; or
C.
Are a factor in creating substantial and unreasonable interference with
the use and enjoyment of other premises within the surrounding area as documented
by complaints of abutters and other neighbors.
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.