[HISTORY: Adopted by the Town Meeting of the Town of Colchester 3-24-1994.
Amendments noted where applicable.]
Pursuant to C.G.S.§§ 7-148(c)(10)(A) and 7-152c, as such
sections may be amended from time to time, the Town of Colchester (the "town")
hereby adopts the following procedures regarding citations issued for violations
of town ordinances.
Unless otherwise specifically provided in a town ordinance or the Connecticut
General Statutes, all town ordinances may be enforced by citations issued
by designated municipal officers or employees. Such designated municipal officers
or employees shall issue a written warning providing notice of the specific
violation before issuing the citation.
The First Selectman shall appoint one or more persons who shall serve
as hearing officers to conduct hearings into the violation of town ordinances.
The hearing officers shall be electors of the town, but no police officer
or any employee or person authorized to issue citations for the violation
of any town ordinance shall be permitted to serve as a hearing officer.
Within 12 months from the expiration of the period for the uncontested
payment of fines, penalties, costs or fees for any citation issued under any
town ordinance for a violation thereof, the town shall send notice to the
owner of the property which is the subject of the violation or such other
person as may be appropriate (the "cited person"). Such notice shall inform
the cited person:
A.
Of the allegations against the cited person and the amount
of the fines, penalties, costs or fees due;
B.
That the cited person may contest liability before a
hearing officer by delivering in person or by mail written notice within 10
days of the date thereof;
C.
That if a hearing is not demanded, an assessment and
judgment shall be entered against the cited person; and
D.
That such judgment may issue without further notice.
A.
If a cited person who is sent notice pursuant to § 93-4 above wishes to admit liability for an alleged violation, the cited person may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees in person or by mail to the First Selectman at the address specified in the notice. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the cited person or other person making the payment.
B.
Any cited person who does not deliver or mail written demand for a hearing within 10 days of the date of the notice provided for in § 93-4 above shall be deemed to have admitted liability, and the First Selectman shall certify the cited person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinance and shall follow the procedures set forth in § 93-6 below.
A.
Any cited person who requests a hearing shall be given
written notice of the date, time and place for the hearing. The hearing shall
be held not less than 15 days nor more than 30 days from the date of the mailing
of the notice, provided that 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 the issuing official or police officer shall be filed and retained
by the town and shall be deemed to be a business record within the scope of
C.G.S.§ 52-180 and evidence of the facts contained therein.
B.
The hearing officer shall conduct the hearing in the
order and form and with such methods of proof as the hearing officer 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.
C.
The hearing officer shall announce a decision at the
end of the hearing. If the hearing officer determines that the cited person
is not liable, then the matter shall be dismissed, and the hearing officer's
determination shall be entered in writing accordingly. If the cited person
is found liable for the violation, the hearing officer shall forthwith enter
and assess the fines, penalties, costs or fees against the cited person as
provided by the applicable ordinance.
The presence of the issuing official or police officer shall be required
at the hearing if the cited person so requests. A designated town official,
other than the hearing officer, may present evidence on behalf of the town.
The cited person wishing to contest liability shall appear at the hearing
and may present evidence in his or her behalf. The hearing officer may, however,
accept from the cited person copies of police reports, investigatory and citation
reports and other official documents by mail and may determine thereby that
the appearance of the cited person at the hearing is unnecessary. If the cited
person fails to appear and such appearance has not been determined by the
hearing officer to be unnecessary, the hearing officer may enter an assessment
by default against the cited person upon a finding of proper notice and liability
under the applicable ordinance.
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 cited
person 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 at Norwich, together with such entry fee as may be required
by the Superior Court. The certified copy of the notice of assessment shall
constitute a record of assessment. Within such twelve-month period, assessments
against the same cited 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 the cited person in favor of the town. Notwithstanding
any other provision of the Connecticut 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 of such judgment may issue without
further notice to the cited person.
A cited person against whom an assessment has been entered pursuant
to this chapter 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 case pursuant to C.G.S.§ 52-259,
in the Superior Court at Norwich, which shall entitle the cited person to
a hearing in accordance with the rules of the Judges of the Superior Court.
