Wolcott Blight Ordinance

8/7/2019 Wolcott Blight Ordinance

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AN AMENDED ORDINANCE PROHIBITING

ABANDONED, INOPERABL E, AND U NREGIS TERED V EHICL ES

AND U NSIGHTL Y MATERIAL AND EQU IPMENT 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 enjoyment of properties nearby and

constitutes a potential health and safety hazard to persons in the

ne igh bor ho od; an d

WHEREAS , the storage and ownership of unregistered motor veh.Lc L es in open

areas have the further effect of depriving the municipal authorities of an

effective meanS of assessing and collecting personal property taxes; and

WHEREAS, the purpose of this ordinance is to amend the present ordinance (Town

of Wolcott Ordinance No. 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 W ol cot t t ha t:

S ECTION I

A. No person shall permit any abandoned or inoperable motor vehicles,

whether registered or unregistered, owned by such person to remain parked or

stored in an open area within the limits of the Town o f W olc ott .

B. No person shall permit more than one unregistered motor vehicle,

re gar dle ss o f corid it ion, to remain parked or stored in an open area w i thin the

1.imits of the Town o f Wo lc ott .

C. No owner of a parcel of real property in the Town of T"Jolcottshallpermit 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 S tate of Connecticut

or unless said owner of real property maintains or constructs 2 legallylicensed 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

aforementioned prohibitions to the extent of one (1) vehicle per dwelling unit

and/or property provided the possessor has: (1) notified the Wolcott PoliceDepartment in writing identifying the motor vehicle by owner, year, make,

model and identification number; and (2) keeps said vehicle covered with a

suitable tarp or vehicle cover when no work is being performed thereon.



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S ECTION 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 To~rn of Wolcott shall permit any

such unsightly material or equipment to be located or stored on said owner's

property.

c . Any building material or equipment 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

existing building supply yards or duly licensed contractor's yards, subject,

however to all the provisions of the Wolcott Zoning Regulation and the

C on ne ct ic ut G en er al S ta tu te s.

S ECTION 3

A. The term "inoperable" as used herein shall be defined as that item 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 S tate of

Connecticnt AS ii vehicle which can be legally driven on the public highwflY s o f

this S tate .

B. The term "motor vehicle" shall include all automobiles, trucks, vans,

camp trailers, boat trailers, house trailers, mobile homes, motorcycles, orany other motorized vehicle designated or used for highway purposes and

required to be registered by the S tate of Connecticut Motor V ehicle Department.

C. The term "unsightly material" herein shall be defined as any

material, including, but not limited to household appliances, parts of motor

vehicles, furniture, equipment, building materials, junk and refuse which:

(1) is 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) is unsuable and/or discarded and/or unsanitary and/or causes ap ub li c n ui sa nc e.

D. The term "unregistered motor vehicle" as used herein shall be defined

as any motor vehicle which is not registered with the Connecticut Departmento f M o t o r V e h i c le s .



S ECTION 4

A. The Chief of Police or his authorized agent, ~, hen he has determined

that a violation of S ection 1of this ordinance has been committed, shallprovide notification to an owner. S uch notification shall consist of:

(1) a notice in person or a 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 owner of the real property on which such motor vehicle

is located; or in lieu thereof

(3) a publication of notice to any and all interested parties at

least one (1) time in a newspaper having a substantial circulation in the Town

o f W ol cot t.

B. S aid notice shall state that the said motor vehicle shall be removed

by the owner of such motor vehicle, or, the owner of the real property upon

which such motor vehicle is located, as the case may be, within fifteen (15)

days from the date of receipt of said notice or publication thereof.

C. Failure by the owner of the motor vehicle or by the owner of the real

property on which Haid vehicle is parked or stored to remove such vehicle

w it hi n f if te en (15) days after receipt of written notice as provided

hereinbefore or pub LicatL on i.n the news pa p er s hal l con s titute a vL ola t lon of

Suc tion 1 of this ordinance, and shall be deemed a public: nu isa nce and shaLl

suhject 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 same

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

of such removal, storage or sale of the same, and a lien for said costs shall

exist on such motor vehicle for expense involved in its removal, storage and

sale as proyided in S ection 14-150 of the Connecticut General S tatutes, as

amended.

S ECTION 5

A. The Zoning Enforcement Officer, or his authorized agent, when he has

determined that a violation of S ection 2 of this ordinance has been committed,

shall provide notification to an oWner. S uch notification s hal.L consist of:



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(1) 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 r egf.atered or certifiedmail 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. S aid 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.

C. Failure by the owner of such unsightly material or equipment, or by

the owner of the real property on which such is located or st.ored , to removethe same within fifteen (15) days after due notification has been made shall

be deemed a public nuisance, subjecting the violator to the criminal penalties

h er ei na ft er p ro vi de d.

D. In the event that such unsightly material or equipment is not removed

by either the owner of the same or the owner o r the real estate on whic.h t he

same is located or stored then the Zoning Enforcement Officer on behalf of the

Town of Wolcott is authorized to tnstitute the necessary legal proceedings

before the S uperior Court to compel the removal of such unsightly material or

eqUipment.

E. In the event the Zoning Enforcement Officer on behalf of the Town ofWolcott prevails in said legal proceedings, the said violator shall be liable

for all costs of removal of such unsightly material or equipment, and shall

fU rther be liable for all legal costs incurred by the To~m of Wolcott in

compelling such removal, including its reasonable attorney's Ee es ,

S ECTION 6

Any person who violates this ordinance shall 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 S ection 4 and S ection 5 of this

ordinance. Each day of violation shall constitute a separate offense.

S ECTION 7

Each section or provision of this ordinance 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.



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SECTION 8

This ordinance shall become effective on the 5th day of July, 1989 ,and by passage of the same, the ordinance entitled "ORDINANCE PROHIBITING

ABANDONED,INOPERABLE A N D UNREGISTEREDVEHICLES A N D UNSIGHTLYMATERIAL A N D

EQUIPMENT IN OPEN SPACE" adopted April 20, 1987 shall become repealed.

Approved by the Town Council, Town of

of .Tune , 1989.

-: . /"/'.' - .1 / .'. I.-_( tI I . .(

/ .' ' I - sr ..' ,/.(-. . ./

Edward S. Wilensky

Mayor

r lJ b l I s 11: H ii'P II b 1 i. r: a 11 (1) 0 / 14 / 'r 3 9

Hill: 879-4666

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Wolcott Blight Ordinance

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