[HISTORY: Adopted by the New Canaan Town
Council 12-13-2000, effective 4-1-2001.[1] Amendments noted where applicable.]
In accordance with Section 7-152c of the Connecticut
General Statutes, as the same may be amended from time to time, there
is hereby established a citation hearing procedure, for use in contesting
citations issued in accordance with town ordinances where such hearing
procedures apply.
The First Selectman shall appoint one or more
citation hearing officers, other than police officers or Town of New
Canaan employees or persons who issue citations, to conduct the hearings
authorized by this chapter.
A.
If any person who is sent notice pursuant to a town
ordinance wishes to admit liability for any alleged violation, he/she
may, without requesting a hearing, pay the full amount of the fine
admitted to, in person or by mail to the Town of New Canaan. Checks
should be payable to the Treasurer of the Town of New Canaan.
B.
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 30 days of the notice provided for in the subject town ordinance shall be deemed to have admitted liability, and the person issuing the citation shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fine provided for by the subject ordinance, and shall follow the procedures set forth in § 11-8 of this chapter.
Any person who requests a hearing shall be given
written notice by certified mail 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 postponement or continuance for any
reasonable request by any interested party for good cause shown.
An original or certified copy of the initial
citation issued by the issuing official shall be filed and retained
by the Town of New Canaan and shall be deemed to be a business record
within the scope of Section 52-180 of the Connecticut General Statutes
and evidence of the facts contained therein.
A.
The presence of the issuing official shall be required
at the hearing. A person wishing to contest his/her liability shall
appear at the hearing and may present evidence in his/her behalf.
B.
A designated municipal official, other than the hearing
officer, may present evidence on behalf of the municipality.
C.
If the person that demanded a hearing fails to appear,
the hearing officer may enter an assessment by default against him/her
upon finding of proper notice and liability under this chapter.
D.
The hearing officer may accept from such person copies
of investigatory and citation reports and other official documents
by mail and may determine thereby that the appearance of such person
is not necessary.
E.
The hearing officer shall conduct the hearing in the
order and form and with such methods of proof as he/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.
F.
The hearing officer shall announce his/her decision
at the end of the hearing. If the hearing officer determines that
the person is not liable, he/she shall dismiss the matter and enter
his/her determination in writing accordingly. If the hearing officer
determines that the person is liable for the violation, the hearing
officer shall forthwith enter and assess the fines, penalties, costs
or fees against such person as provided by this chapter.
If such assessment is not paid on the date of
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
facility designated by the Chief Court Administrator, together with
the statutory entry fee. Within such twelve-month period, assessments
against the same person may be accrued and filed as one record of
assessment. Notwithstanding any other provisions 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 on such judgment way be issued without further
notice to such person.
A 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 Connecticut General Statutes
Section 52-259, in the Superior Court, which shall entitle such person
to a hearing in accordance with the rules of the judges of the Superior
Court.