[HISTORY: Adopted by the Town of Cromwell
as indicated in article histories. Amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
[Adopted BOS 2-11-1998]
The Inland Wetlands and Watercourses Enforcement Officer/Development Compliance Officer designated in accordance with Connecticut General Statutes § 22a-44, and the Inland Wetlands and Watercourses Regulations of the Town of Cromwell or any police officer of the Town of Cromwell (Inland Wetlands and Watercourses Enforcement Officer) is authorized to issue citations for violations of the Inland Wetlands and Watercourses Regulations of the Town of Cromwell (Inland Wetlands and Watercourses Regulations) to the extent and in the manner provided by this Article I. Any such citation may be served either by hand delivery or by certified mail, return receipt requested, to the 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 Inland Wetlands and Watercourses Enforcement Officer shall file and retain an original or certified copy of the citation. A citation may be issued for those types of Inland Wetlands and Watercourses violations specified in § 230-2 of this article. The fines set forth in this article shall be in addition to and not in lieu of any penalties or remedies set forth in Connecticut General Statutes § 22a-44, as amended.
All of the terms used in this section shall
have the definitions set forth in the Inland Wetlands and Watercourses
Regulations. The fine for each such citation shall be in accordance
with the following schedule:
|
Nature of Violation
|
Amount of Fine
|
|---|---|
|
Clear-cutting
|
$500
|
|
Placement of material in a regulated area
|
$500
|
|
Violation of plans, conditions or other elements
of an approved inland wetlands and watercourses permit
|
$500
|
|
Violation of any element of an approved erosion
and sedimentation control plan
|
$150
|
|
Conduct, without the issuance of an inland wetlands
and watercourses permit, of any other regulated activity in a regulated
area not listed above
|
$150
|
Any person receiving such a citation shall be allowed a period of 60 days from his or her receipt of the citation to make an uncontested payment of the fine specified in the citation to the Treasurer. If the citation has been sent by regular mail pursuant to the provisions of § 230-1 of this article, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
A.
If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Treasurer within the time allowed under § 230-3 of this article, the Inland Wetlands and Watercourses Enforcement Officer shall send a notice to the person cited, informing such person:
(1)
Of the allegations against him or her and the amount
of the fines;
(2)
That the person cited may contest liability before a hearing officer appointed by the Town Manager, as provided in § 230-5 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;
[Amended TC 6-16-2014]
(3)
That if the person cited does not demand such a hearing,
an assessment and judgment shall be entered against him or her; and
(4)
That such judgment may issue without further notice.
B.
If the person who is sent notice pursuant to the preceding subsection 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 Town Clerk. All fines shall be made payable to the Treasurer of the Town of Cromwell. 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 Subsection A of this § 230-4 shall be deemed to have admitted liability, and the Inland Wetlands and Watercourses 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 the procedures set forth in Subsection E of this § 230-4.
C.
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 not less than 15 days nor more than 30 days from the date
of the mailing of notice, provided that the hearing officer shall
grant, upon good cause shown, any reasonable request by any interested
party for postponement or continuance. The presence of the Inland
Wetlands and Watercourses Enforcement Officer shall be required at
the hearing if requested by the person who was issued the citation.
A person wishing to contest liability shall appear at the hearing
and may present evidence in his or her behalf. The Inland Wetlands
and Watercourses 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 a finding of proper notice and liability under
the applicable provisions of the Inland Wetlands and Watercourses
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 fair and appropriate. The rules regarding
the 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.
D.
Any fines collected pursuant to this Chapter 230 shall be deposited in the general fund of the Town of Cromwell.
E.
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 Superior Court
for Geographical Area No. 9, together with an entry fee of $8. Further
proceedings may then be held pursuant to the applicable provisions
of the Connecticut General Statutes.
[Amended TC 6-16-2014]
In accordance with § 1-1B of the Cromwell Town Code, the Town Manager shall appoint one or more citation hearing officers to conduct the hearings provided by this article. Neither the Inland Wetlands and Watercourses Enforcement Officer nor any employee of the Town of Cromwell exercising inland wetlands and watercourses authority may be appointed as a hearing officer pursuant to this article.
[The current Wetlands and Watercourses Regulations,
as revised by the Inland Wetlands and Watercourses Agency, are on
file in the office of the Town Clerk and are available from the Town
Planner.]
