This chapter shall be known and may be cited
as the "Town of Mansfield Zoning Citations Ordinance."
The Zoning Agent is authorized to issue citations
for each violation of the Zoning Regulations of the Town of Mansfield
as follows:
A. Notification.
(1) Upon determination of a violation, the Zoning Agent shall notify, by certified mail, return receipt requested, the person(s) in control of the subject property upon which the violation exists or, in the case of a business use, the owner/operator/manager of said business. Such violation notice shall state the violation and the date by which said violation shall be remedied. Upon the failure to remedy the violation within the stated time, the Zoning Agent may issue a citation as provided for in Subsection
B below. If the person(s) in control of the subject property is not the owner of record of said property, the Zoning Agent may notify such owner in the same manner.
(2) This subsection shall not apply to those uses which
have received a violation notice or citation within the previous twelve-month
period for the same violation. Said repeat offenders shall be issued
a citation without first receiving a violation notice.
[Amended 1-27-2003, effective 2-25-2003]
B. In the event that such violation persists notwithstanding
such notice, the Zoning Agent may thereupon issue a citation. Such
citation shall be served by certified mail, return receipt requested,
upon the person named therein and shall cite this chapter, specify
the violation(s) and the fine(s) therefor and require payment of such
fine(s) within 30 days of the date of the citation. Such citation
shall be in effect until the violation is corrected to the satisfaction
of the Zoning Agent or is otherwise disposed of in accordance with
procedure. The Zoning Agent shall retain a copy of each such citation,
certified to be a true copy of the original thereof by the Mansfield
Town Clerk.
[Amended 10-23-2017,
effective 11-27-2017]
[Amended 10-23-2017,
effective 11-27-2017]
Fines shall accrue at a rate of $150 per day
for each day the violation continues until the violation is corrected
to the satisfaction of the Zoning Agent. Same fines are payable to
the Mansfield Tax Collector.
[Amended 10-23-2017,
effective 11-27-2017]
Any person(s) receiving such a citation shall be allowed a period of 30 days from the receipt of the citation to make an uncontested payment of the fine to the Tax Collector. Prior to making such payment, the recipient shall verify the balance due with the Zoning Agent based on the accrual rate specified in §
189-3. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person(s) or other person making the payment.
If a person(s) who has been issued a citation
does not make uncontested payment of the fine(s) specified in the
citation to the Tax Collector within 30 days, the Zoning Agent shall
at any time within 12 months from the expiration of the final period
for the uncontested payment of the fine(s), send a notice to the person(s)
cited, informing such person(s):
A. Of the allegations against him or her and the amount
of the fines;
B. That the person(s) cited may contest liability before a Hearing Officer appointed by the Town Manager, as provided in §
189-6A, by delivering to the Zoning Agent, in person(s) or by mail, within 10 days of the date of the notice, a written demand for a hearing;
C. That if the person(s) cited does not demand such a
hearing, an assessment and judgment shall be entered against him or
her; and
D. That such a judgment may issue without further notice.
No action taken pursuant to this chapter shall
preclude the Town from pursuing other enforcement remedies, either
in addition to those specified within this chapter or separately,
in order to achieve lawful compliance with the Mansfield Zoning Regulations.