A.
If a person who has been issued a citation under Article I, Article II or Article III does not make uncontested payment of the fine specified in the citation to the Treasurer within the time allowed in §§ 39-4, 39-10 or 39-23, then, at any time within 12 months from the expiration of the final period for the uncontested payment of the fines, the Code Enforcement Officer shall send a notice to the person cited informing such person:
(1)
Of the allegations against him or her and the amount of the fines;
(2)
That the person cited may contest liability before a hearing officer
appointed by the First Selectman, as provided in this article, by
delivering, in person or by mail, within 10 days from the date of
the notice, a written demand for a hearing;
(3)
That if the person cited does not demand such a hearing an assessment
and judgment shall be rendered against him or her; and
(4)
That such judgment may issue without further notice.
Any person who does not deliver or mail such payment or who
does not deliver or mail a demand for a hearing within the time specified
shall be deemed to have admitted liability, and the Code Enforcement
Officer 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 the procedures
set forth below regarding notice of assessment.
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 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 citation shall be filed at the hearing. The presence of the
Code Enforcement Officer shall be required at the hearing if requested
by the person who was issued the citation. A person wishing to contest
liability shall appear at the hearing and may present evidence in
his or her behalf. The person contesting liability has a right to
due process and shall be provided fair opportunity to present evidence
to the hearing officer. The person contesting liability may be represented
by counsel. The Code Enforcement Officer 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 a finding of proper notice and liability under
the applicable provisions of the regulations and upon a finding of
the number of days that each violation occurred. 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 from and with such methods of proof as he or 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. The hearing officer shall announce
his or her decision at the end 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
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 chapter.
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 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 for the geographical
area in which the Town is located, together with an entry fee as required
by § 7-152c of the Connecticut General Statutes, as the
same may be amended from time to time. Further proceedings may then
be held pursuant to the applicable provisions of the Connecticut General
Statutes.
The First Selectman of the Town of Weston shall appoint one
or more citation hearing officers to conduct the hearings provided
by this chapter. Neither the Code Enforcement Officer, the Building
Inspector, the Conservation Planner, nor any member of the Planning
and Zoning Commission, nor any member of the Zoning Board of Appeals,
nor any member of the Conservation Commission, nor any police officer,
nor any Town employee may be appointed as a hearing officer pursuant
to this chapter.
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 the assessment,
together with an entry fee equal to the entry fee for a small claims
case pursuant to § 52-259 of the Connecticut General Statutes,
in the Superior Court for the geographical area in which the Town
is located, which shall entitle such person to a hearing in accordance
with the rules of the judges of the Superior Court.
