Ansonia Tow Law

8/10/2019 Ansonia Tow Law

1/4

ORDTNANCE

#1

-

Regular

Meeting

December

9,

2014

ft'[u[iv[ij

f-0ff

FiLE

21

BAN

DON

ED,

I

N

OPERABLE,

U

N

REGISTERED

MOTOR

VEHICLEil

SECTION

l:

Definitions

When

used

in

this

article,

the

following

terms

shall

have

the

following

meanings:

ABANDONED.

INOPERABLE

OR

UNREGISTERED

Ar'lD

tii

i,nil\

r

{l

A

motor

vehicle

which

is

in

such

a

state

that

it

is rusted,

wrecked,

discarded

or

dismantled'

ENFORCEMENT

OFFICER

The

Zoning

Enforcement

officer,

or his

designated

agent

or

deputy.

INOPERABLE

A

motor

vehicle

which

is

in such

a

condition

that

it

cannot

be

safety

operated

on

the

roads,

such

as

but

not

limited

to

having

no engine,

no tires

or

no

glass'

OPERATOR

Any

person who

has

apparent

charge,

care

or

control,

possession

or

occupancy

of

land'

OWNER

Any

person

who:

(1)

Has any

legal

title

to,

or beneficial

interest

in,

any

land

with

or

without

actual

possession

or

occupancy

thereof;

or

(2)

Has

charge,

care

or

control

of

any

land

as an

o\

/ner,

or

as

an

agent

of

an

owner,

or as

an

officer'

director

or

employee

of

a corporation,

or

other

business

entity,

which

is

an owner

or

an agent

of

an

owner, or

as

an

executor, administrator, trustee,

conservator

Or

guardian

Of

an

owner

or

the

estate

of

an

owner.

UNREGISTERED

A motor

vehicle

which

does

not have

a

valid

motor

vehicle

registration

for operation

on

public roads.

SECTION

ll:

Findines

It is

hereby

found

and

declared

that

abandoned,

inoperable

or

unregistered

vehicles

upon

property

within

the

City

are

detrimental

to the

public

safety,

health

and

welfare;

that

they

constitute

a

nuisance

and

particularly

imperil

the

health

and

safety

of

children,

constitute

a

potential source

of

fire

and

explosion,

are

and

may

become

harborages

of

rodents

and

breeding

places

of

insects,

and threaten

and

depreciate

neighboring

properties; that

the

preservation

of

public

health,

the

elimination

of

such

public

peril,

and

the

general

protection of

property

and

maintenance

of

property

values

are

proper

concerns

of

the

city;

and

that

enactment

of

this article

is

necessary

for

the

protection

and

preservation of

the

public

health

and

safety,

and

property

and

property

vatues.

sEcTloN

lll:

Depositing

or

retaining

on

property

prohibited; exception.

'i

i

iUiI

i

HSflH

rA

ttRl(


2/4

GINo

owner

of any

parcel

of

land,

wholly

or

partly

within

the

City,

shall

deposit,

or

cause

or

permit

to

be deposited,

or

retain,

or cause

or

permit

to

be

retained,

any

abandoned,

inoperable

or

unregistered

motorvehicle

on

such

land,

except

in a

completely

enclosed

and

secured

area'

(b)

subsection

I_d

of

this

section

shall

not

apply

to

any land

actually

operated

and

occupied

for

the

sale,

repair,

reconditioning

or

remodeling

of

motor

vehicles

when

operated

in conformance

with

zoning

regulations of

the

City and applicable general statutes of

the

state,

when

all storage

is

visually screened,

to a

height

of

at

least

six feet,

from

the

street

and

from

all

adjoining

properties, and

when

all

storage

areas

are

maintained

in

a

neat

and

orderly

fashion

so

as

not

to

create

health

hazards,

insect

breeding,

or

rodent

harborage,

and

when

all

exterior

storage

areas

are

securely

locked

and

physically

inaccessible

to

any

person

not

employed

or engaged

in

the

business.

Section

lV:

lnspection

of

Premises

on

Complaint

On

information

or

complaint

of

any

violation

of Section

lll

(a)

of

this

article,

the

enforcement

officer

shall

personally

inspect

the

site of

the

alleged

abandoned,

inoperable

or

unregistered

motor

vehicles

and

make

a

specific

finding

as

to

whether

the

motor

vehicle

in

question is in fact

in

violation

of

such

section.

Section

V:

Notices

of

Violation

(a)

Upon

making

a

finding

that

a

motor

vehicle

is

in

violation

of

Section

lll

(a)

of

this

article,

the

enforcement

officer

shall

cause

to

be served

a

written

notice

either

personally

or

by mail

on

the

owner

of

the

land

on

which

such

violation

is

found

or

complained

of

setting

forth

the

violation

and

ordering

its

correction.

such

notice

shall

contain

substantially

the

following:

NOTICE

OF

VIOLATION

OF

THE ABANDONED,

INOPERABLE

OR

UNREGISTERED

MOTOR

VEHICLE

ORDINANCE

AND

ORDER

TO

CORRECT

SUCH

VIOLATION

Property

Owner's

Name

and

Address

you

are

hereby

notified

that

you

are

in

violation

of Section

lll

(a)

of

the

Code

of

Ordinances

of

the City

of

Ansonia

prohibiting the

depositing

or

retention

of

abandoned,

inoperable,

or

unregistered

motor

vehicles

within

the

City

of

Ansonia

and that

an

abandoned,

inoperable

or

unregistered

vehicle

described

as

follows

has

been

found

dePosited

or

retained

upon

the

following

property within

the

City

of

Ansonia:

You

are hereby

ordered

to

remove

said

abandoned,

inoperable, or

unregistered

vehicle

within

30

days

from the

date

of

this

notice.

Failure

to comply

with

this

notice

within

the

time

stated

is

punishable

by

a

fine

of

S50.

ln addition

of

imposing

a

fine, the

City of

Ansonia

may

cause

the

removal

of

any

abandoned,

inoperable

or unregistered

vehicle.

All

costs

or

expense

so

incurred

shall

be

chargeabte

to

you,

including

any

expense

on

account

of

notices

provided

for

in this

article.

The City

of

Ansonia

shall

have

a

lien

upon

the

property of

any

To


3/4

person

for the total

amount

offines,

charges and

expenses

on

account

of

notification

regarding

and/or

removal

of

any

abandoned,

inoperative

or

unregistered

vehicle

from

such

property, where

fines,

charges,

and

expenses

remain

unpaid

for

30

days

after

notice

thereof.

Said

fines,

charges,

and

expenses

may

be collected

in

the

manner

provided

by

the

law

for

the

collection

of

delinquent

taxes.

lf

you

wish

to

contest

the

finding

that

you

are

in

violation

of

Section

lG),

you

may

request

a hearing

before

a Zoning

Enforcement

Appeals

Officer,

appointed

by

the

Mayor

of the

City

of

Ansonia,

at

which

time

you

will

be heard. Notice

of

a

request

for such

hearing

must

be

served

on

the

enforcement

officer

either

personally

or

by

certified

mail

within

L5

days

of

your

receipt

of this

notice.

THE

CITY OF

ANSONIA

By

Date:

(b)

Notice shall

also

be

published

in a

newspaper

having

a substantial

circulation

in

the

City.

ln

addition

to

the

notice

provided

for

above,

the

enforcement

officer

shall

also

post

the

following

notice:

NOTICE:

This

vehicle is

declared

to

be

in

violation

of

the

provisions

of

an ordinance

prohibiting

the

depositing

or

retention

of

abandoned,

inoperable

or

unregistered

motor

vehicles

and as

such

will

be disposed

of

in accordance

with

the

provisions of

Section

lll

(a)

of the

article

unless

this

notice

is contested

by

requesting

a hearing

before

the

Zoning

Enforcement

Appeals

Officer

within

15

days

from

the

date

hereof

in accordance

with

Section

lll

of

this article or

upon

failure

to

request

a

hearing,

if the

vehicle

is

not

removed

within

30

days

from

the date

hereof'

SECTION

Vl: Hearing

on

Violation

Any

recipient

of a

written

notice

of

violation

served

by

the enforcement

officer,

pursuant

to

this

article,

who

wishes

to contest

the

finding

of

the

enforcement

officer

that the

recipient

is

in

violation

of

Section

lll of this

article,

may request

a

hearing

before

the

Zoning

Enforcement

Appeals

Officer.

A

request

for

such

a

hearing

must be

served

upon

the

enforcement

officer

either

personally

or

by

certified

mail

within

15 days of the

receipt

of the notice

of

violation

by the

recipient.

The enforcement

officer

shall

then

inform

the

Zoning Enforcement

Appeals

Officer

that

a

hearing

has been

requested

and

ask

that

a date

for

this

hearing

be

set,

and

that the

hearing

shallbe

set

within

15

days.

Request

for

such

a

hearing

will

automatically

stay

the effect

of

the

notice of

violation

and

order

to

correct

issued

by

the

enforcement

officer until

such

time

as

Zoning

Enforcement

Appeals

Officer

has

made

a

final

decision

based

on

its

hearing.

SECTION

Vll: Hearing

re:

Violation


4/4

lf a

hearing

is

requested

pursuant

this

article,

the

Zoning

Enforcement

Appeals

Officer

shall

review the

findings

of the enforcement

officer that

a

violation

exists,

shall

hear

evidence

from

all concerned

parties

as to the

nature

of

the

violation

and

shall

make

a

final determination

as

whether

the

motor

vehicle

in

question

is in

fact

abandoned,

inoperable

or

unregistered

as defined

by this

article,

and

as to

whether

the enforcement

officer's order

to

correct

such

violation

is

reasonable

under

the

circumstances.

SECTION

Vll :

Action of the

Zoning

Enforcement

Appeals

Officer

The decision

of the

Zoning

Enforcement

Appeals

Officer,

after

conducting

its

hearing,

will

be

final.

The

Zoning Enforcement

Appeals

Officer

may

uphold

the

findings

and

order

of the

enforcement

officer,

may

amend

the findings

and

order

in

whole

or in

par

or

may

overturn

the

findings

and

order

completely.

ln

its

decision,

the

Zoning

Enforcement

Appeals

Officer

shall specify

the

action

to be taken

by

the

property

owner

and

the

time

in

which

the

property

owner

must take

such

action.

The

final

decision

of

the

Zoning

Enforcement

Appeats Officer

shall

be

served

upon

the

property

owner

either

personally

or

by

certified

mail

within

seven

days

of

its decision.

Appeal

from the

decision

of

the

Zoning

Enforcement

Appeals

Officer

to the

courts of

the state

shall

be

in

accord

with the

state's

statutes

governing

appeals

of

municipal

boards and

commissions.

SECTION

lX:

Removal

Upon

Owner's

Failure

to

Comply

with Notices

Upon

the

failure

of

any

property

owner

to

comply

with the

provisions

of

any

notice

issued

in accordance

with the

provisions

of

this

article

or

upon

the

failure

of

any

property

owner

to

comply

with

the final

decision

of

Zoning

Enforcement

Appeals

Officer,

the enforcement

officer

and/or

his

agent

may

enter

upon such

land and

cause

to

be removed

such abandoned,

inoperable

or

unregistered

vehicle. All

fines,

costs

and expenses

incurred

shall

be

the

responsibility

of

the

property

owner.

The

name

of

SECTION

X:

Penalties

The

owner

of

property

upon which

any

vehicle

found

to

be in

violation of

Section

lll

(a)

of

this article

is

located,

where said

vehicle

has

not

been

removed

within

30

days

of

receipt

of notice

of

violation

shall

be

subject

to

a

fine

of

550

and

shall

be responsible

for

any

costs associated

with removal,

including

expenses

on account

of notification

pursuant

to this

article

regarding

any

such

vehicle.

The

City

of

Ansonia shall

have a lien

upon

the

property

of

any

person

for the

total

amount

of fines,

charges

and

expenses

on

account

of notification

regarding

and/or

removal of

any abandoned,

inoperable,

or

unregistered

vehicles

from

such

property

wh,ere fines,

charges

and

expenses

remain

unpaid

for more

than

30 days

after

notice

thereof.

Said

fines,

charges

and

expenses may

be collected

in

the

manner

provided

by

law

for the collection of

delinquent

taxes.

The

penalties

provided

in this

section

shall

be

in

addition to

any other

relief

or

remedy

provided by this

article or penalty provided

by

law.

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Ansonia Tow Law