ORDTNANCE

#1 - Regular Meeting December 9,

2014

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ABAN DON ED,
SECTION

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OPERABLE,

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REGISTERED MOTOR VEHICLEil

21

Definitions
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When used in this article, the following terms shall have the following meanings:

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ABANDONED. INOPERABLE OR UNREGISTERED

or dismantled'
A motor vehicle which is in such a state that it is rusted, wrecked, discarded
ENFORCEMENT OFFICER

The Zoning Enforcement officer, or his designated agent or deputy.

INOPERABLE

on the roads, such as but

A motor vehicle which is in such a condition that it cannot be safety operated
not limited to having no engine, no tires or no glass'
OPERATOR

of land'
Any person who has apparent charge, care or control, possession or occupancy
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'
or an agent of an
director or employee of a corporation, or other business entity, which is an owner
owner or the estate of
owner, or as an executor, administrator, trustee, conservator Or guardian Of an
an owner.
UNREGISTERED

on public roads.
A motor vehicle which does not have a valid motor vehicle registration for operation
SECTION

ll:

Findines

property
It is hereby found and declared that abandoned, inoperable or unregistered vehicles upon
a nuisance
within the City are detrimental to the public safety, health and welfare; that they constitute
of fire and
and particularly imperil the health and safety of children, constitute a potential source
and threaten and
explosion, are and may become harborages of rodents and breeding places of insects,
of such public
depreciate neighboring properties; that the preservation of public health, the elimination
of
peril, and the general protection of property and maintenance of property values are proper concerns
public
the
preservation
of
the city; and that enactment of this article is necessary for the protection and
health and safety, and property and property vatues.
sEcTloN

lll:

Depositing or retaining on property prohibited; exception.

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City, shall deposit, or cause or permit to

GINo owner of any parcel of land, wholly or partly within the
inoperable or unregistered
be deposited, or retain, or cause or permit to be retained, any abandoned,

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,

with zoning
repair, reconditioning or remodeling of motor vehicles when operated in conformance
is visually screened,
regulations of the City and applicable general statutes of the state, when all storage
all storage
to a height of at least six feet, from the street and from all adjoining properties, and when
breeding, or
insect
areas are maintained in a neat and orderly fashion so as not to create health hazards,
inaccessible to
rodent harborage, and when all exterior storage areas are securely locked and physically
any person not employed or engaged in the business.
Section

lV: lnspection of Premises on Complaint

officer
On information or complaint of any violation of Section lll (a) of this article, the enforcement
vehicles
motor
shall personally inspect the site of the alleged abandoned, inoperable or unregistered
violation of such
and make a specific finding as to whether the motor vehicle in question is in fact in
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
on the owner
enforcement officer shall cause to be served a written notice either personally or by mail
ordering its
on which such violation is found or complained of setting forth the violation and

of the land

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

To

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

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

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

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.