[HISTORY: Adopted by the Town Council of the Town of Tolland 3-9-1999
by Ord. No. 58. Amendments noted where applicable.]
The wetlands agent is authorized to issue citations for violations of
the Inland Wetlands and Watercourses Regulations of the Town of Tolland[1] to the extent and in the manner provided by this chapter. Any
such citation may be served either by hand delivery or by certified mail,
return receipt requested, to a 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. If sent by regular mail,
the day of receipt of the citation shall be determined to be three days after
the day of mailing. The wetlands agent shall file and retain an original or
certified copy of the citation.
The fines for each such citation shall be no more than $1,000.
The citation shall include the following provisions:
A.
The allegations against him or her and the amount of
the fines.
B.
That the person may pay the fine specified in the citation
to the Town within 30 days of the receipt of the citation or service on the
property where the violation occurs.
C.
That the person cited may contest liability before a hearing officer appointed by the Town Manager, as provided in § 99-7 of this chapter, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing.
D.
That if the person cited does not demand such a hearing,
an assessment and judgment shall be entered against him or her.
E.
That such a judgment may issue without further notice.
If the person who is sent notice pursuant to § 99-3 of this chapter 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 wetlands agent. All fines shall be made payable to the Town of Tolland. 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 § 99-3 of this chapter shall be deemed to have admitted liability, and the wetlands agent 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 chapter and shall follow procedures set forth in § 99-6 of this chapter.
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 no 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 wetlands agent shall be required at the hearing if requested by the
person who was issued the citation; such request must be included within the
appeal. A person wishing to contest liability shall appear at the hearing
and may present evidence in his or her behalf and may be represented by agent
or attorney. The wetlands agent 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 finding of proper
notice and liability under the applicable provisions of the Inland Wetlands,
and Watercourses Regulations.[1] 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 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 within 10 days 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 citation.
If such assessment is not paid within 10 days of the decision, 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 Tolland County Superior Court, together with an entry fee of
$8. Further proceedings may then be held pursuant to the Connecticut General
Statutes Section 7-152(c) as amended from time to time.
The Town Manager shall appoint one or more citation hearing officers
to conduct the hearings provided by this chapter. Neither the wetlands agent
nor Zoning Enforcement Officer, nor other members of the Tolland Development
Group, nor any employee who exercises wetlands authority may be appointed
as a hearing officer pursuant to this chapter.
