[HISTORY: Adopted by the Town Meeting of the Town of Middlefield
as Ch. 14, Art. III, of the 1990 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 397.
For the purpose of this chapter, the following terms, phrases,
words and their derivatives shall have the meanings given herein:
The First Selectman of the Town or his designee.
A motor vehicle is in an inoperable condition when such motor
vehicle is incapable of performing the function for which it was designed
by virtue of having parts missing, essential components broken or
severely damaged. A motor vehicle shall also be deemed inoperable
when it is not equipped in accordance with Connecticut General Statutes
§§ 14-80 through 14-106c. The burden of proof shall
be upon the person in whose name the motor vehicle is registered or,
in case of an unregistered motor vehicle, upon the owner or occupant
of the land whereon such motor vehicle is located to prove to the
satisfaction of the Director of Traffic or his designee, as defined
in this section, that such motor vehicle is in an operable condition
when requested to do so. Failure, by the registered owner or the property
owner, in the case of an unregistered motor vehicle, to forthwith
demonstrate that such motor vehicle is in an operable condition shall
be presumptive that such motor vehicle is inoperable.
Any motor vehicle, as defined in this section, which does
not have lawfully affixed thereto both an unexpired license plate
or plates and the condition of which is wrecked, dismantled, partially
dismantled, inoperative, abandoned or discarded.
Any vehicle which is self-propelled and designed to travel
along the ground and shall include but not be limited to automobiles,
buses, motorbikes, motorcycles, motor scooters, trucks, tractors,
go-carts, golf carts, campers, trailers and snowmobiles.
Any real property within the Town which is privately owned
and which is not public property, as defined in this section.
Any street or highway, which shall include the entire width
between the boundary lines of every way publicly maintained for the
purpose of vehicular travel and also shall mean any other publicly
owned property or facility.
No person shall park, store, leave or permit the parking, storing
or leaving of any motor vehicle of any kind which is in an abandoned,
wrecked, dismantled, inoperative, rusted, junked or partially dismantled
condition, whether attended or not, upon any public or private property
within the Town for a period of time in excess of 24 hours. The presence
of an abandoned, wrecked, dismantled, inoperative, rusted, junked
or partially dismantled vehicle or parts thereof on private or public
property is hereby declared a public nuisance which may be abated
as such in accordance with the provisions of this chapter. This section
shall not apply to any vehicle enclosed within a building on private
property or to any vehicle held in connection with a business enterprise,
lawfully licensed by the state and properly operated in the appropriate
business zone, pursuant to the zoning ordinances of the Town, or to
any motor vehicle in operable condition specifically adapted and designed
for operation on drag strips or raceways, or to any vehicle retained
by the owner for antique collection purposes, for which number plates
have been issued pursuant to § 14-20 of the Connecticut
General Statutes and which is assessed in accordance with § 12-71
of the Connecticut General Statutes.
A.
Whenever it comes to the attention of the Director of Traffic or his designee, as defined in this chapter, that any nuisance, as defined in § 395-2, exists in the Town, a notice in writing shall be served upon the occupant of the land where the nuisance exists or, in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter.
B.
The Director of Traffic of the Town shall give notice of removal
to the owner or occupant of the private property where it is located
not less than 30 days before the time of compliance. It shall constitute
sufficient notice when a copy of the same is posted in a conspicuous
place upon the private property on which the vehicle is located and
duplicate copies are sent by registered or certified mail to the owner
or occupant of the private property at his last known address and
a copy of the notice is published in a newspaper having a substantial
circulation in the Town.
C.
The notice shall contain the request for removal within the time
specified in this chapter, and the notice shall advise that, upon
failure to comply with the notice to remove, the Town or its designees
shall undertake such removal with the cost of removal to be levied
against the owner or occupant of the property or both of them.
The persons to whom the notices provided for in § 395-3 are directed, or their duly authorized agents, may file a written request for a hearing before the Board of Selectmen or its designees within the 30 days for the purpose of defending the charges by the Town.
The hearing provided for in § 395-4 shall be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised of the time and place of such hearing at least seven days in advance thereof. At any such hearing, the Town and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
Upon proper notice and opportunity to be heard, the owner of
the abandoned, wrecked, dismantled or inoperative vehicle and the
owner or occupant of the private property on which the same is located,
either or all of them, shall be responsible for its removal. In the
event of removal or disposition by the Town, the owner or occupant
of the private property where the same is located shall be liable
for the expenses incurred.
A.
If the violation described in the notice has not been remedied within
the thirty-day period for compliance, or in the event that a notice
requesting a hearing is timely filed, a hearing is had, and the existence
of the violation is affirmed by the Board of Selectmen or its designee,
the Chief of Police or Director of Traffic, as defined in this chapter,
or his designees shall have the right to take possession of the abandoned
or junked vehicle and remove it from the premises. It shall be unlawful
for any person to interfere with, hinder or refuse to allow such person
to enter upon private property for the purpose of removing a vehicle
under the provisions of this chapter.
B.
Within 48 hours of the removal of such vehicle, the Director of Traffic
or his designee shall give written notice by registered or certified
mail to the owner of the vehicle, if known, and also to the owner
or occupant of the private property from which the vehicle was removed
that such vehicle has been impounded and stored for violation of this
chapter. The notice shall give the location where the vehicle is stored
and the costs incurred by the Town for removal and that the Town may
sell the vehicle at a private sale if its value is $100 or less and
it is stored for more than 30 days, or at a public sale if its value
is over $100 and it is stored for more than 90 days.
A.
Authorized. Upon removing a vehicle, the Town shall, after 10 days,
cause it to be appraised. If the vehicle is appraised at $100 or less,
the Director of Traffic shall execute an affidavit so attesting and
describing the vehicle, including the license plates, if any, and
stating the location and appraised value of the vehicle. The Director
of Traffic, after complying with the above, may after 30 days summarily
dispose of the vehicle and execute a certificate of sale.
B.
Notice of public sale. If the vehicle is appraised at over $100 and
has been stored for not less than 90 days, the Director of Traffic
shall give notice of public sale not less than 15 days before the
date of the proposed sale, provided such sale shall be advertised
in a newspaper published or having circulation in the Town where the
motor vehicle is stored three times, commencing at least five days
before the sale.
C.
Contents of public sale notice. The notice of sale shall state:
D.
Public sale. The vehicle shall be sold to the highest and best bidder.
At the time of the payment of the purchase price, the Director of
Traffic shall execute a certificate of sale in duplicate, the original
of which is to be given to the purchaser and a copy thereof to be
filed with the Treasurer of the Town. Should the sale for any reason
be invalid, the Town's liability shall be limited to the return of
the purchase price.
The owner of any vehicle seized under the provisions of this
chapter may redeem such vehicle any time after its removal but prior
to the sale or destruction thereof upon proof of ownership and payment
to the Director of Traffic of such sum as he may determine and fix
for the reasonable expense of removal and any preliminary sale advertising
expenses, plus reasonable daily storage charges for each vehicle redeemed.
Upon failure of the owner or occupant of the property on which
abandoned vehicles have been removed by the Town to pay the unrecovered
expenses incurred by the Town in such removal, a lien shall be placed
upon the property for the amount of such expense.
