[HISTORY: Adopted by the Town Council of the Town of Rocky Hill as indicated in article histories. Amendments noted where applicable.]
Zoning — See Ch. 245.
Article I Citation Procedures for Zoning Violations
[Adopted 10-19-2009 by Ord. No. 254-09]
The Zoning Enforcement Officer/Assistant Zoning Enforcement Officer is authorized to issue citations for violations of the Zoning Regulations of the Town of Rocky Hill to the extent and in the manner provided by this article.
Any such citation may be served either by hand delivery or by certified mail, return receipt requested, to a person named in such citation. If the person named in a citation sent by certified mail refuses to accept such mail, the citation may be sent by regular United States mail. The Zoning Enforcement Officer/Assistant Zoning Enforcement Officer shall file and retain an original or certified copy of the citation.
Citations may be issued for violations of the Rocky Hill Zoning Regulations, as may be amended and/or updated and filed with the Rocky Hill Town Clerk’s Office.
The fine for each citation shall be in accordance with the Connecticut General Statutes § 8-12, as amended, and shall not exceed $150, payable to the Treasurer, Town of Rocky Hill, Connecticut.
Any person receiving such a citation shall be allowed a period of 30 days from his or her receipt of the citation to make an uncontested payment of the fine specified in the citation to the Town of Rocky Hill. If the citation has been sent by regular mail pursuant to the provisions of § 5-1 of this article, the day of receipt of the citation shall be deemed to be five days after the day of mailing of the citation.
If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Town within the time allowed under § 5-3A of this article, at any time within 90 days from the expiration of the final period for the uncontested payment of the fine, the Zoning Enforcement Officer/Assistant Zoning Enforcement Officer shall send notice to the person cited informing such person:
Of the allegations against him or her and the amount of the fines;
That the person cited may contest liability before a Hearing Officer appointed by the Town Manager, as provided in § 5-6 of this article, by delivering in person or by mail, within 10 days of the date of the notice, a written demand for a hearing;
That if the person cited does not demand such a hearing, an assessment and judgment shall be entered against him or her; and
That such judgment may issue without further notice.
If the person who is sent notice pursuant to § 5-3B of this article wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the Zoning Enforcement Officer/Assistant Zoning Enforcement Officer. All fines shall be made payable to the Town of Rocky Hill. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the notice described in § 5-3B of this article shall be deemed to have admitted liability, and the Zoning Enforcement Officer/Assistant Zoning Enforcement Officer shall certify to the Hearing Officer that such person has failed to respond. The Hearing Officer shall thereupon enter and assess the fines provided for by this article and shall follow procedures set forth in § 5-5B of this article.
Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held no less than 15 days nor more than 30 days from the date of the mailing of notice (§ 5-4), provided the Hearing Officer shall grant upon good cause shown any reasonable request by any interested party for postponement or continuance. The presence of the Zoning Enforcement Officer/Assistant Zoning Enforcement Officer shall be required at the hearing if requested by the person/firm cited. A person wishing to contest liability shall appear at the hearing and may present evidence in his or her behalf. The Zoning Enforcement Officer/Assistant Zoning Enforcement Officer may present evidence on behalf of the municipality. If the person who received the citation fails to appear, the Hearing Officer may enter an assessment by default against him or her upon finding of proper notice and liability under the applicable provisions of the Zoning Regulations. The Hearing Officer may accept written information by mail from the person who received the citation and may determine thereby that the appearance of such person is unnecessary. The Hearing Officer shall conduct the hearing in the order and form and with such methods of proof as he or she deems appropriate. The rules regarding admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Hearing Officer shall announce his or her decision at the end of the hearing. If the Hearing Officer determines that the person who received the citation is not liable, the Hearing Officer shall dismiss the matter and enter that determination in writing accordingly. If the Hearing Officer determines that the person who received the citation is liable for the violation, the Hearing Officer shall forthwith enter and assess the fines against such person as provided by this article.
If such assessment is not paid on the date of its entry, the Hearing Officer shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of the Hartford Superior Court, together with an entry fee of $8. Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.
The Town Manager shall appoint one or more citation Hearing Officers to conduct the hearings provided by this article. Neither the Zoning Enforcement Officer/Assistant Zoning Enforcement Officer nor any employee of the Town of Rocky Hill may be appointed as a Hearing Officer pursuant to this article.