Town of Farmington, CT Enforcement of Zoning Regulations, Inland Wetland Regulations and Aquifer Protection Area Regulations for Level a Mapped Areas

The purpose of this chapter is to establish penalties for violations of the Town's zoning regulations, inland wetland regulations and aquifer protection area regulations for Level A mapped areas, establish procedure for issuance of citations to violators and for collections of fines and to have the Town's citation hearing procedure (Chapter 91 of the Town Code) apply to citations hereunder issued.

§ 22-2 Enforcement.

The Town's Enforcement Officer or agent is authorized to issue cease and desist orders or other appropriate orders to a violator of the Town's zoning regulations, inland wetland and watercourses regulations, aquifer protection area regulations for Level A mapped areas or of any approval or permit issued by the Town Plan and Zoning Commission, Inland Wetlands and Watercourses Agency or Aquifer Protection Agency. If such violation has not been remedied either immediately or within 10 days of the date of issuance of the cease and desist order or other appropriate order, as provided in the order, the Enforcement Officer, or such other Town official or employee designated by the Town Manager to issue citations, unless such time has been extended for good cause by the Enforcement Officer, shall issue a citation to the violator which shall invoke the Town's citation hearing procedure set forth in Chapter 91 of the Town Code. However, in the case where a violation is found by the Enforcement Officer or agent to be willful, penalties may be assessed from the date such violation has been committed.

§ 22-3 Violations and penalties; hearing.

The penalty for each violation of the zoning regulations or approvals or permits issued shall be $150 for each day that such violation continues beyond the compliance date in the cease and desist order. Notwithstanding the preceding, in instances of willful violations and instances where the violation is not corrected within such manner and time period stipulated in the order, fines may be assessed from the date such violation has been committed.

The penalty for each violation of the inland wetlands and watercourses regulations or approvals or permits issued shall be from $150 to $1,000 for each day that such violation continues beyond the compliance date in the cease and desist order. Notwithstanding the preceding, in instances of willful violations and instances where the violation is not corrected within such manner and time period stipulated in the order, fines may be assessed from the date such violation has been committed. The Inland Wetlands and Watercourses Agency, within 10 days of the date of issuance of an order, shall hold a hearing to provide the alleged violator an opportunity to be heard and show cause why the order should not remain in effect. No fines may be levied against the state or any employee of the state acting within the scope of his employment.

The penalty for each violation of the aquifer protection area regulations for Level A mapped areas shall be $150 for each day that such violation continues beyond the compliance date in the cease and desist order. Notwithstanding the preceding, in instances of willful violations and instances where the violation is not corrected within such manner and time period stipulated in the order, fines may be assessed from the date such violation has been committed. The Aquifer Protection Agency, within 10 days of the date of issuance of an order, shall hold a hearing to provide the alleged violator an opportunity to be heard and show cause why the order should not remain in effect.

§ 22-4 Procedure.

The procedure to be followed with respect to all citations issued under this chapter shall be the citation hearing procedure set forth in Chapter 91 of the Farmington Code.