[HISTORY: Adopted by the Board of Selectmen of the Town of
Bethel 2-15-2013. Amendments noted where applicable.]
The First Selectman shall appoint one or more hearing officers
to conduct hearings authorized by state statute and this chapter in
the manner as herein provided. The hearing officer shall serve for
a term of two years and shall be appointed in accordance with the
applicable provisions of Article VII, C7-1, C7-2, C7-3 and C7-4 of
the Town Charter. Town employees, police officers or persons authorized
under ordinance or state statute to issue citations, civil penalties
and/or fines shall not be eligible to serve as citation hearing officer.
At any time within 12 months from the expiration of the final
period for the uncontested payment of fines, civil penalties, costs
or fees for any citation issued under any ordinance adopted pursuant
to § 7-148 of the Connecticut General Statutes for an alleged
violation thereof, the Town of Bethel, office of First Selectman,
shall, upon the direction of its hearing officer, shall send a written
notice by certified mail, return receipt or personally served on,
and by first-class mail to the person cited. This notice shall include
the following information:
A.
The allegations against such person and the amount of the fine, civil
penalties, costs or fees due;
B.
That such person may contest his liability before a citation hearing
officer by delivering, by mail or in person, written notice of his
intent to appeal within 10 days of the date of the notice;
C.
That if such person does not demand such a hearing, an assessment
and judgment shall be entered against him; and
D.
That such judgment may issue without further notice.
Any person sent notice pursuant to § 65-2 of this chapter may admit liability for the alleged violation. He may pay in full, without requesting a hearing, by mail or in person, the full amount of the fines, civil penalties, costs or fees admitted to, directly to the personnel in the office of the First Selectman. Payment shall be made to the "Town of Bethel." The personnel in the office of the First Selectman shall provide such person with a receipt of payment for such fines, civil penalties, costs or fees. Such payment shall be inadmissible in any proceedings, civil or criminal, to establish the conduct of such person or other person making the payment.
Any person who fails to deliver or mail a written demand for a hearing within 20 days of the date of the first notice provided under § 65-2 of this chapter shall be deemed to have admitted liability, and the personnel of the Office of the First Selectman shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, civil penalties, costs or fees provided for by applicable ordinances and shall follow the procedures set forth in § 65-7 of this chapter.
A.
Any person requesting a hearing under § 65-2 of this chapter shall be given written notice of the date, time and place for the hearing. Such hearing shall be not less than 15 days nor more than 30 days from the date of the mailing of this notice, provided that the hearing officer shall grant, upon good cause shown, any reasonable request by any interested party for a postponement or continuance. Any person requesting a hearing under this chapter may be represented by an attorney at his own expense.
B.
The procedure for the hearings will be in accordance with the following:
(1)
An original or certified copy of the initial notice of violation
issued by the issuing official or policeman shall be filed and retained
with the personnel of the office of the First Selectman and shall
be deemed to be a business record within the scope of § 52-180
of the Connecticut General Statutes and evidence of the facts contained
therein. Such original or certified copy shall be introduced as evidence
before the hearing officer.
(2)
The presence of the issuing official shall be required at the hearing
if the person so requests.
(3)
A person wishing to contest his liability shall appear at such hearing
and may present evidence on his behalf. If such person fails to appear,
the hearing officer may enter an assessment by default against him
upon a finding of proper notice and liability under the applicable
statutes or ordinances.
(4)
The person may submit copies of police reports, investigatory and
citation reports and any other official documents by mail to the hearing
officer. The hearing officer may determine after reviewing these documents.
that the appearance of the person at the hearing is unnecessary.
(5)
A designated municipal official, other than the hearing officer,
may present evidence on behalf of the municipality at any hearing
held under this chapter.
(6)
The hearing officer shall conduct the hearing in the order and form
and with such methods of proof as the hearing officer deems to be
fair and appropriate. The rules regarding admissibility of evidence
shall not be strictly applied but all testimony will be given under
oath or affirmation.
(7)
The entire hearing shall be recorded and such recording shall be
retained by the Town for one year, or longer if directed by Town Counsel.
A.
The hearing officer shall announce the decision at the end of the
hearing. If the hearing officer determines that the person is not
liable, the hearing officer shall dismiss the matter and enter his
determination in writing accordingly.
B.
If the hearing officer determines that the person is liable for the
violation(s), hearing officer shall forthwith enter and assess the
fines, civil penalties, costs or fees against such person as provided
by applicable ordinance.
C.
All final decisions of the hearing officer shall be in writing by
certified mail, receipt or personally served on, and mailed by first-class
mail to the person who requested the hearing and filed with the Town
Clerk's Office within 14 days from the date of the final decision.
A.
If the assessment of the hearing officer 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
Superior Court designated by the Chief Court Administrator along with
the entry fee as set forth in § 7-152c of the Connecticut
General Statutes. Notwithstanding any other provisions of the Connecticut
General Statutes, the hearing officer's assessment when so entered
as a judgment shall have the same effect as a civil money judgment
and levy of execution on such judgment may issue without further notice
to such person.
B.
In the event that the civil penalties and/or fines imposed by the
hearing officer are made pursuant to the provisions of an ordinance
regulating blight,[1] adopted pursuant § 7-148(c)(7)(H)(xv) of the
Connecticut General Statutes, and the civil penalties and/or fines
and costs associated with the same under the blight ordinance are
not paid on the date of the entry of the assessment, then the civil
penalties and/or fines and costs shall constitute a lien of the Town
of Bethel on the real property where said blight exists, which lien
may be continued, recorded and released in the manner provided by
the general statutes of Connecticut for the continuing, recording
and releasing property tax liens. Each such lien may be enforced in
the same manner as property tax liens, including foreclosure of the
real property. Said lien shall remain an encumbrance upon the subject
property until such time as the blight condition shall be abated and
all civil penalties and/or fines and costs assessed have been paid.
A person against whom an assessment has been entered pursuant
to this chapter is entitled to judicial review by way of appeal, provided
the appeal is instituted within 30 days of the mailing of notice of
such assessment by filing a petition to reopen the assessment, together
with an entry fee in an amount equal to the entry fee for a small
claims case pursuant to § 52-259 of the Connecticut General
Statutes at a Superior Court designated by the Chief Court Administrator.
