[Adopted 12-4-2000]
A.
CITATION
PERSON
As used in this article, the following terms shall
have the meanings indicated:
A written statement of the relevant conditions and facts
giving rise to the zoning violation, including a reference to the
specific section(s) of the zoning regulations which has been violated.
Any individual, firm, partnership, corporation, limited liability
company, association or any other entity.
B.
Masculine terms include the feminine.
Pursuant to C.G.S. § 8-12a, as amended,
and in addition to remedies provided in § 8-12 thereof,
the Zoning/Wetlands Officer is hereby authorized to issue citations
for violations of the zoning regulations of the City of Middletown
in accordance with this article. The fine for each such zoning violation
shall be $150 payable to the Treasurer of the City of Middletown.
Any citation issued hereunder shall be served
upon the person(s) named in such citation by either in-hand service
made by the Zoning/Wetlands Officer or his designated agent, or any
sheriff or constable having authority to serve civil process in the
State of Connecticut, or by mailing such citation to the person(s)
named therein at his last known home address or other address provided
by him to the Zoning/Wetlands Officer, by certified mail, return receipt
requested, postage prepaid. If the citation is refused, it may be
sent by regular mail to such address. The Zoning/Wetlands Officer
shall retain a true and attested duplicate original of such citation.
A.
The Mayor shall appoint, subject to confirmation by
the Common Council, a Citation Hearing Officer to conduct the hearings
authorized by this article. The Citation Hearing Officer may not be
an employee of the City of Middletown and shall serve without compensation.
The Citation Hearing Officer shall serve for a term of two years,
unless removed for cause.
B.
If the person cited fails to pay the fine within said
thirty-day period, the Zoning/Wetlands Officer, pursuant to C.G.S.
§ 7-152c, as amended, is authorized, at any time within
12 months from the expiration of said thirty-day period, to enforce
said citation by sending said person a notice informing him:
(1)
Of the allegations against him and the amount of the
fine due;
(2)
That he may contest the citation in a hearing by delivering
in person or by mail written notice within 10 days of the date thereof;
(3)
That if he does not demand a hearing, an assessment
of fine and judgment shall be entered against him; and
(4)
That such judgment may issue without further notice.
C.
If the person sent the notice required by Subsection B above does not make full payment of the fine and does not make written demand for a hearing before the Citation Hearing Officer within 10 days of the notice provided for in Subsection B above, he shall be deemed to have admitted liability, and the Zoning/Wetlands Officer shall certify such person's failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and assess the fine provided for by this article.
D.
If a hearing is requested, it shall be conducted in
accordance with the provisions of C.G.S. § 7-152c(e), as
amended.
E.
The failure to pay the assessment of any fine(s) made
by the Citation Hearing Officer can result in a Superior Court judgment
as provided by C.G.S. § 7-152c(f), as amended, subject to
judicial review as provided in C.G.S. § 7-152c(g), as amended.
