[Ord. No. 94-3, § 1, 8-1-1994]
The purpose of this article is to eliminate within the Town
of Windsor abandoned, inoperable, or unregistered motor vehicles not
parked in totally enclosed structures. Such vehicles have a deleterious
effect on property values and constitute health and safety hazards.
[Ord. No. 94-3, § 2, 8-1-1994]
The following definitions shall apply in the interpretation
and enforcement of this article:
Motor vehicle or the parts thereof which is not currently
registered by the State of Connecticut Department of Motor Vehicles
or not currently operable thereby inherently incapable of performing
the function for which it was designed or incapable of immediately
passing a motor vehicle department equipment inspection or incapable
of immediately being driven on the highways of the State of Connecticut.
A motor vehicle 20 years old or older which is complete in
appearance and being preserved, or being actively restored.
Any fully enclosed roofed structure including barns, sheds
or other buildings legally erected and serving the purpose of housing
a motor vehicle. This definition shall not include fences, tarps or
car covers.
Any vehicle propelled or drawn by any power other than muscular,
as defined in Connecticut General Statutes, Section 14-1(30),
as amended.
Any and all components of a motor vehicle as herein defined
including, but not limited to, tires, wheels, headlights, taillights,
axles, engines, engine blocks, carburetors, bumpers, windshields,
doors, mufflers, exhaust systems, pipes, seats, dashboards, trunks,
frames, drive shafts, springs, shock absorbers, fuel tanks, and the
like.
[Ord. No. 94-3, § 3, 8-1-1994]
The obligations under this article shall be the joint and several
obligation of the owner of the motor vehicle and the owner of the
real property on which said vehicle is located.
[Ord. No. 94-3, § 4, 8-1-1994]
(a)
Noncompliance. All abandoned, inoperable, or unregistered motor vehicles
or parts thereof shall be kept in a completely enclosed structure
unless a valid permit for repair, preservation, or temporary storage
has been obtained as hereinafter provided. Any owner of a motor vehicle
and/or the owner of the real property on which the motor vehicle is
located who fails to comply with this article within 15 days of notice
as herein provided shall be in violation of this article. Each motor
vehicle so stored shall constitute a separate violation of this article.
Each day said motor vehicle is so stored shall constitute a separate
violation.
(b)
Removal and return. No vehicle once removed pursuant to said notice
may be returned to said real property except in compliance with this
article.
[Ord. No. 94-3, § 5, 8-1-1994; Ord. No. 97-1, § 1, 10-19-1997]
The owner of a motor vehicle which is an antique, rare or special
interest motor vehicle or which is in the process of being repaired
or which qualifies for temporary storage may apply to the Town Manager
or his designee for an application for one of three permits as follows:
(1)
Restoration/preservation permit. Any owner of an antique, rare or
special interest motor vehicle as herein defined may apply for an
exemption from the effects of this article for a period not to exceed
one year upon a satisfactory showing that said motor vehicle is actively
being restored or preserved as an antique, rare or special interest
motor vehicle. This permit may be renewed yearly as long as all requirements
are met.
(2)
Temporary repair permit. Any owner of a motor vehicle which is in
the process of being repaired may apply for a temporary permit for
repair for a period of not longer than 60 days. No permit shall be
issued if said repair 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 article.
(3)
Temporary storage. An owner of an unregistered motor vehicle which
is neither abandoned nor inoperable but which the owner desires to
have remain unregistered for a specific length of time not to exceed
one year may apply for a temporary storage permit. A temporary storage
permit may be issued for said unregistered motor vehicle (which is
immediately capable of being registered and operated on highways of
the State of Connecticut) for a period not to exceed one year. A temporary
storage permit may be reissued for one additional year in the case
of exceptional hardship.
[Ord. No. 94-3, § 6, 8-1-1994]
The Town Manager or his designee 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 article within
seven days of said denial. After denial no subsequent application
for the same permit for the same vehicle shall be entertained.
[Ord. No. 94-3, § 7, 8-1-1994]
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 Town
of Windsor 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 the Windsor Zoning
Regulations.
(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 Town Manager or his authorized
representative the right to enter upon his or her property for the
limited purpose of enforcing this article.
(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 defined to include all area
to the front of the plane of the house or nearer than 75 feet from
the street line if located on a parcel of land without a dwelling
unit.
(7)
The applicant shall pay the application fee established by Council
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.
[Ord. No. 94-3, § 8, 8-1-1994]
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.
[Ord. No. 94-3, § 9, 8-1-1994]
The violation of any of the conditions herein specified under
which a permit is granted or maintained shall make that permit null
and void.
[Ord. No. 94-3, § 10, 8-1-1994]
A fee for processing of an application for repair and monitoring
compliance shall be set by the Windsor Town Council and adjusted periodically.
No permit shall issue until all appropriate fees are paid.
[Ord. No. 94-3, § 11, 8-1-1994]
Anything to the contrary notwithstanding, it shall not be a
violation of this article to store up to one inoperable or unregistered
motor vehicle if completely enclosed in fencing so as not to be visible
either from a public street or from neighboring properties provided:
[Ord. No. 94-3, § 12, 8-1-1994]
The Town Manager or his designee acting through the Windsor
Police Department shall have the responsibility for enforcing this
article. Whenever the Town Manager or his designee or any police officer
has determined that a violation of this article is occurring, the
following action shall be taken:
(1)
Written notice by personal or abode service or by certified mail
shall be given to the owner of the real property on which such motor
vehicle is located and to the owner of the vehicle (if said owner
is readily known) warning that an infractions complaint will issue
if compliance with this article is not made within 15 days and further
warning that, absent compliance, the Town of Windsor pursuant to Connecticut
General Statutes Section 14-150a may cause the removal of any
such vehicle after 30 days.
(2)
General notice shall be given to the same effect in a newspaper having
substantial circulation in Windsor in accordance with Connecticut
General Statutes Section 14-150a.
[Ord. No. 94-3, § 13, 8-1-1994]
Any person or persons who violate this article shall be fined
not more than $100 for each day or part thereof such violation continues
after the final date for compliance specified in the notice herein
provided. If more than one abandoned inoperable or unregistered motor
vehicle is stored, each motor vehicle so stored shall constitute a
separate violation of this article. In addition to the penalties herein
specified, the Town of Windsor acting through the Town Manager or
his designated official is authorized to institute civil litigation
for an order of the Superior Court causing said abandoned, inoperable,
or unregistered motor vehicle and the parts thereof as herein defined
to be immediately removed from the subject premises with all costs
of removal and enforcement of this article including a reasonable
attorney's fees to be assessed against the owner of the real
property and owner of the vehicle and to constitute a foreclosable
lien on said real property until fully paid.
