[HISTORY: Adopted by the Town Council of
the Town of Rocky Hill as indicated in article histories. Amendments
noted where applicable.]
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The Inland Wetlands and Watercourses Regulations
of the Town of Rocky Hill, adopted by the Open Space and Conservation
Commission, are on file in the office of the Commission and available
for public inspection during regular office hours.
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[Adopted 7-21-2008 by Ord. No. 243-08]
The purpose of this article is to establish
penalties for violations of the Town of Rocky Hill Inland Wetlands
and Watercourses Regulations, establish a procedure for issuance of
citations to violators, for collections of fines and to have the Town's
citation hearing procedure apply to citations hereunder issued.
As used in this article, the following terms
shall have the meanings indicated:
The Open Space and Conservation Commission of the Town of
Rocky Hill.
A member of the Open Space and Conservation Commission of
the Town of Rocky Hill.
An individual(s) designated by the Commission to carry out
specific functions and purposes subject to the Commission's review.
The person designated by the Town Manager to hear appeals
of this article.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
The Town of Rocky Hill, Connecticut.
Any person cited as a party to a violation.
A violator will remedy a violation by filing
a corrective application, appearing before the Open Space and Conservation
Commission and complying with the recommendations of the Open Space
and Conservation Commission at double the fee of an application to
conduct a regulated activity. A violation will be lifted from the
property record subject to verification of compliance by the Inland
Wetlands Agent. (See general fee schedule.)
A second violation (repeat of original violation)
on the same property will be issued a citation for a one-time amount
of $250. A violator will remedy a violation by filing a corrective
application, paying the fine, appearing before the Open Space and
Conservation Commission and complying with the recommendations of
the Open Space and Conservation Commission at double the fee of an
application to conduct a regulated activity. The Inland Wetlands Enforcement
Officer will lift a violation from the property record subject to
verification of compliance.
Three or more offences (repeat of prior violation)
on the same property will be issued a citation for $1,000. A violator
will remedy a violation by filing a corrective application, paying
the fine, appearing before the Open Space and Conservation Commission
and complying with the recommendations of the Open Space and Conservation
Commission at double the fee of an application to conduct a regulated
activity. The Inland Wetlands Enforcement Officer will lift a violation
from the property record subject to verification of compliance.
A.
In the event a violator does not respond to a second
notice of violation (second letter notifying property owner of a violation
on a property) or a cease and desist, the violator will be issued
a citation for $100 (residential)/$200 (commercial or industrial)
per day until a corrective application is submitted to the Inland
Wetlands Enforcement Officer.
B.
The Open Space and Conservation Commission, at any
time, can direct the Inland Wetlands Enforcement Officer or any other
designated agent of the Inland Wetlands and Watercourses Commission
to levy fines of up to $1,000 in its discretion.
A.
Hearing requested by the alleged violator within 10
days of the date of citation to contest the individual's liability
before the Hearing Officer. Citation appeals hearing requests must
be delivered in person to the Hearing Appeals Officer via the Land
Use Office of the Town of Rocky Hill or written and delivered via
mail to the Hearing Appeals Officer via the Land Use Office of the
Town of Rocky Hill, 761 Old Main Street, Rocky Hill, CT 06067 in accordance
with Section 7-152c of the Connecticut General Statutes. Such hearing
must be held not less than 15 days nor more than 30 days from the
date of the mailing of notice provided the Hearing Officer shall grant
upon good cause shown any reasonable request by any interested party
for postponement or continuance. An original or certified copy of
the initial notice of violation issued by a policeman or other issuing
officer shall be filed and retained by the Town of Rocky Hill to be
deemed to be a business record within the scope of Section 52-180
of the Connecticut General Statutes and be evidence of the facts contained
therein. The presence of the Inland Wetlands Enforcement Officer or
issuing officer shall be required at the hearing if such person requests.
A person wishing to contest his/her liability shall appear at the
hearing and may present evidence on his/her behalf. A designated Town
official, other than the Hearing Officer, may present evidence on
behalf of the Town. If such person fails to appear, the Hearing Officer
may enter an assessment by default against the individual upon a finding
of proper notice and liability under the applicable statutes and Ordinance
to Fine for Violation of Regulations of Rocky Hill Inland Wetlands
and Watercourses Commission. The Hearing Officer may accept from such
person copies of police reports, Department of Motor Vehicles documents
and other official documents by mail 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 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 decision at the end of the hearing. If he/she determines
that the person is not liable, the Officer shall dismiss the matter
and enter his determination in writing accordingly. If the Officer
determines that the person is liable for the violation, the Officer
shall forthwith enter and assess the fines, penalties, costs or fees
against such person as provided by the applicable ordinances of the
Town of Rocky Hill, Connecticut.
B.
If such assessment is not paid on the date of its
entry, the Hearing Officer shall send by first-class mail a notice
of 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 a Hartford County Superior
Court with an entry fee. The certified copy of the notice of assessment
shall constitute a record of assessment. Within such twelve-month
period, assessments against the same person may be accrued and filed
as one record of assessment. The Clerk shall enter judgment, in the
amount of such record of assessment and court costs against such person
in favor of the Town of Rocky Hill, Connecticut. Notwithstanding any
other provision of the General Statutes, the Hearing Officer's assessment,
when so entered as a judgment, shall have the effect of a civil money
judgment, and a levy of execution on such judgment may issue without
further notice to such person.
C.
A person against whom an assessment has been entered
pursuant to this section is entitled to judicial review by way of
appeal. An appeal shall be instituted within 30 days of the mailing
of notice of such assessment by filing a petition to reopen assessment,
together with an entry fee in an amount equal to the entry fee for
a small claims cause pursuant to Section 52-259 of the Connecticut
General Statutes, in the Hartford County Superior Court, which shall
entitle such person to a hearing in accordance with the rules of the
judges of the Superior Court.
