Town of Bolton v. Jack W. Rudder et al. (2012)

MEMORANDUM OF DECISION

In this matter the town of Bolton alleges the defendants (Rudder) are in violation of town zoning regulations prohibiting the storage of property which contain the characteristics of a junk yard.   The complaint alleges the defendants have stored, and continue to store, multiple unregistered motor vehicles, a large storage container, a dumpster container or containers, and other unsightly storage containers.   It seeks an injunction prohibiting the storage of two or more unregistered motor vehicles, and of storage containers without a proper permit, civil penalties, and attorneys fees.

The defendants (Jack Rudder and Sula Rudder) were defaulted for failure to plead and the matter was heard as a hearing in damages on March 7, 2012.

The sole witness was James Rupert, the zoning enforcement officer for Bolton.   Responding to complaints from several neighbors in July 2011, he found junk yard type conditions and issued a warning to the Rudders.   Photographs of the conditions were introduced which showed multiple vehicles in states of disrepair, amidst overgrown shrubbery, debris piled up—in short junk yard like conditions.   Eventually he issued a cease and desist order which was not adhered to.   His most recent viewing of the property was about one week ago and confirmed that multiple unregistered cars remain although the dumpster has been removed.

In short, the town has shown patience, but after eight months, it believes the zoning violations should be corrected without delay.

Pursuant to § 8–12 of the general statutes, judgment shall enter as follows:

1. The defendants are enjoined from storing two or more unregistered motor vehicles on the premises, this order to be effective twenty days from this decision.

2. The defendants are enjoined from keeping storage containers on the premises

without proper permit, and they must be in compliance with zoning regulations.

3. An injunction prohibiting the defendants from maintaining the property characteristic of a junk yard.

4. Attorneys fees of $1,747.50 are awarded.  (The Court has reviewed the affidavits and finds the requests to be reasonable.)

5. A civil penalty of $50.00 per day is imposed, effective twenty-five days from this decision for violation of the orders herein.  (The Court declines to impose a penalty at this time.)

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.