a TOWN GLEAK AN AMENDED ORDINANCE PROHIBITING WOLCOTT, COUN. ABANDONED, INOPERABLE, AND UNREGISTERED VEHICLES FF 6b AND UNSIGHTLY MATERIAL AND EQUIPMENT IN OPEN SPACE WHEREAS, the storage of abandoned or inoperable and unregistered motor vehicles, motor vehicle parts and other unsightly material in open areas has a deleterious effect upon the value and enjoynent of properties nearby and constitutes a potential health and safety hazard to percons ia the neighborhood; and WHEREAS, the storage and ownership of unregistered motor vehicles in open areas have the further effect of depriving the municipal authorities of an effective means of assessing and collecting personal property taxea; and WHEREAS, the purpose of this ordinance is to amend the present ordinance (Town of Woleott Ordinance Nu. 56) so as to place further restrictions on unregistered motor vehicles and to clarify other sections of Ordinance No. 56. NOW THEREFORE, Be it ordered by the Town Council of the Town of Wolcott that: SECTION 1 4. No person shali permit any abandoned or inaperable motor vehicles, whether registered or unregistered, owned by such person to renain parked or stored in an open area within the limtts of the Tow of Wolcott. B. No person shall permit more than one unregistered motor vehicle, regardless of condition, to remain parked or stored in an open area within the \mits of the Town of Wolcott. €- No owner of a parce} of real property In the fown of Wolcott shall Permit any such abandoned or inoperable vehicle to be parked or stored in an open area on said owner's parcel of property, and no owner of a parcel of real Property in the Town of Wolcott shall permit more than one unregistered motor vehicle to remain parked or stored in an open area on said owner's parcel of Property unless said real property is used for the sale or repair of motor vehicles pursuant to an appropriate license issued by the State of Connecticut gr unless said owner of real property maintains or constructs # legally Licensed Junk yard. D. A motor vehicle which is in the process of being actively repaired and/or restored shall be exempt for a period of one year from the aforenentioned prohibitions to the extent of one (1) vehicle per dwelling unit and/or property provided the possessor has: (1) notified the Wolestt Potlee Department in writing identifying the motor vehicle by ower, year, nake, model and identification minber, and (2) keeps said vehicle covered with’a suitable tarp or vehicle cover when no work is being performed thereon.SECTION 2 A. No persons shall store or keep any unsightly material or equipment, as hereinafter defined, owned by such person in an open area within the limits of the Town of Wolcott. B. No owner of real property in the Town of Wolcott shall permit any such unsightly material or equipment to be located or stored on said owner's property. ©. Any bullding material or equipsent intended for construction or improvement for which a valid building permit is in effect shall be exempt from this section of the ordinance. ‘This section shall further not pertain to extoting building supply yards or duly iceused cuutraclor’s yards, subject, however to all the provisions of the Wolcott Zoning Regulation and the Connecticut General Statutes. SECTION 3 A. ‘The term “inoperable” as used herein shall be defined as that iten of personal property which is inherently incapable of being operated or Performing the functions for which it was designed by virtue of missing parts, or broken or severely damaged essential components, thereby rendering the same incapable of being registered, without further repair, in the State of Connecticut as a vehicle which can be legally driven on the public highways of this State. B. The term “motor vehicle” shall include all automobiles, trucks, vans, camp trailers, hoat teailers, house trailers, scbile homes, wluceycies, or any other motorized vehicle designated or used for highway purposes and required to be registered by the State of Connecticut Motor Vehicle Department. C. The term “unsightly material” herein shall be defined as any material, including, but not limited to household appliances, parts of zotor vehicles, furniture, equipment, building uaterials, junk and refuse which: (1) 4s hazardous to the safety or welfare of people or property; or (2) offends the aesthetic sense; (3) is unduly offensive to the neighbors or public; or (4) 41s unsuable and/or discarded and/or unsanitary and/or causes a public nuisance, D. The term “unregistered motor vehicle” as used herein shall be defined ag any motor vehicle which is not registered with the Connecticut Department of Motor Vehicles.SECTION 4 4. ‘The Chief of Police or his authorized agent, when he has determined that a violation of Section 1 of this ordinance has been committed, shall provide notification to an owner. Such notification shall consist of: (2) a notice in person or @ written notice given by registered or certified mail to the owner, if known, of the motor vehicle; (2) a notice in person or a written notice given by registered or certified mail to the ower of the real property on which such motor vehicle is located; or in lieu thereof (3) 2 publication of notice to any and all interested parties at least one (1) time in a newspaper having a substantial circulation in the Town of Wolcott. B. Said notice shall state that the said motor vehicle shall be reuoved by the owner of such motor vehicle, or, the owner of the real property upon which such motor vehicle is located, ag the case may be, within fifteen (15) days from the date of receipt of said notice or publication thereof. . Feilure by the owner of the motor vehicle or by the owner of the real Property on which said vehicle is parked or stored to remove such vehicle within fifteen (15) days after receipt of written notice as provided hereinbefore or publication in the newspaper shall constitute a violation of Section 1 of this ordinance, and shall be deemed a public nuisance and shall subject the violator to the criminal penalties hereinafter provided. D. In the event that such motor vehicle is not so removed by either the owner of the motor vehicle or the owner of the real property then the sane shall be caused to be removed immediately by the Chief of Police or his authorized agent with the assistance of the Town Attorney. E, In the event that such motor vehicle is removed by the Chief of Police or his authorized agent, the said owner shall be liable for all costs fof such removal, storage or cale of the aane, and @ lien for said cunts shall exist on such motor vehicle for expense involved in its removal, storage and sale as provided in Section 14-150 of the Connecticut General Statutes, as amended. SECTION 5 A. The Zoning Enforcement Officer, or his authorized agent, when he has determined that 2 violation ot Section 2 of this ordinance has béen committed, shall provide notification to an ower. Such notification shall consist of:(@) A notice in person or a written notice given by registered or certified mail to the owner, if known, of the unsightly material or equipment; (2) A notice in person or a notice given by registered or certified nail to the owner of the real property on which such unsightly material or equipment is located; of (3) A publication to any and all interested parties one time in a newspaper having substantial circulation in the Town of Wolcott. B, Said notice shall state that the said unsightly material or equipment shall be removed by the owner of such or by the owner of the real property upon which such unsightly material or equipment is located, as the case may be, within fifteen (15) days from the date of receipt of said notice. . Failure by the owner of such unsightly material or equipment, or by the owner of the real property on which such is located or stored, to remove the same within fifteen (15) days after due notification has been made shall be deemed a public nuisance, subjecting the violator to the criminal penalties hereinafter provided. b. In the event that such unsightly material or equlpuent is wot removed by either the owner of the same or the owner of the real estate on which the same is located or stored then the Zoning Enforcement Officer on behalf of the Town of Wolcott is authorized to institute the necessary legal proceedings before the Superior Court to compel the removal of such unsightly material or utpment. E. In the event the Zoning Enforcement Officer on behalf of the Town of Wolcott prevails in said legal proceedings, the said violator shall be liable for all costs of removal of such unsightly material or equipment, and shall further be liable for all legal costs incurred by the Towm of Wolcott in compelling such removal, including its reasonable attorney's fees. SECTION 6 Auy yevsou who violates this ordinance shell be fined not more than One Hundred ($100.00) Dollars for each day said violation continues after. failure to abate said violation as provided in Section 4 and Section 5 of this ordinance. Each day of violation shall constitute a separate offense. SECTION 7 Each section or provision of this ordinsnce is declared to be severable. In the event any section or provision of this ordinance shall be determined to be invalid by the judiciary for any reason whatsoever, such decision shall be deemed not to affect the remaining sections or provisions hereof.SECTION & This ordinance shall becone effective on the 5th day of July, 1989 , and by passage of the same, the ordinance entitled "ORDINANCE PROHIBITING ABANDONED, INOPERABLE AND UNREGISTERED VEHICLES AND UNSIGHTLY MATERIAL AND EQUIPMENT IN OPEN SPACE" adopted april 20, 1987 shall become repealed. Approved by the Town Council, Towa of Wolcott of iz » 1989. iney : Edvard §. Wilensky Mayor Publish: Republican (1) 6/14/89 Bill: 879-4666 a7 ¥7 90066E