[Ord. of 5-13-2002]
The Zoning Enforcement Officer of the Town of New Milford is
authorized to issue citations for violations of the New Milford Zoning
Regulations of the Town of New Milford to the extent and in the manner
provided by this chapter and as authorized by Section 8-12a of the
Connecticut General Statutes. Any such citation may be served either
by hand delivery or by certified mail, return receipt requested, to
the 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. The Zoning Enforcement Officer
shall file and retain an original or certified copy of the citation.
No citation shall be issued unless a written notice to correct has
been issued which allows for a voluntary correction of the alleged
violation within 30 days.
[Ord. of 5-13-2002]
A citation may be issued for any violation of the Zoning Regulations
of the Town of New Milford.
[Ord. of 5-13-2002; Ord.
of 12-8-2006]
The fine for each such violation shall be $150 payable to the
Director of Finance of the Town of New Milford. Each day that a violation
continues from date of issuance of the original citation shall be
considered a separate offense subject to a fine of $150. Notice of
such additional daily accrual after the initial notice of violation
shall not be required.
[Ord. of 5-13-2002]
Any person receiving such a citation shall be allowed a period
of 30 days from his or her receipt of the citation to make an uncontested
payment of the fine specified in the citation. If the citation has
been sent by regular mail pursuant to the provisions of ~ 25-1 of
this chapter, the day of receipt of the citation shall be deemed to
be three business days after the day of mailing of the citation.
[Ord. of 5-13-2002]
If a person who has been issued a citation does not make uncontested
payment of the fine specified in the citation to the Director of Finance
within the time allowed under ~ 25-4 of this chapter, the Zoning Enforcement
Officer shall send a notice to the person cited, informing such person:
(a)
Of the allegations against him or her and the amount of the fines;
(b)
That the person cited may contest liability before a hearing officer
appointed by the Town Council as provided in ~ 25-9 of this chapter
by delivering in person or by mail, within 30 days of the date of
the notice, a written demand for a hearing.
(c)
That if the person cited does not demand such a hearing, an assessment
and judgment shall be entered against him or her; and
(d)
That such judgment may issue without further notice.
[Ord. of 5-13-2002]
If the person who is sent notice pursuant to ~ 25-5 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 Zoning Enforcement Officer.
All checks shall be made payable to the Director of Finance of the
Town of New Milford. Such payments 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 ~ 25-5 of this chapter shall be deemed to have admitted
liability, and the Zoning Enforcement Officer shall certify to the
Hearing Officer that such person has failed to respond. The Hearing
Officers shall thereupon enter and assess the fines provided for by
this chapter and shall follow the procedures set forth in ~ 25-8 of
this chapter.
[Ord. of 5-13-2002]
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 notice, provided the Hearing Officers shall grant upon
good cause shown any reasonable request by any interested party for
postponement or continuance. The presence of the Zoning 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 on his or her
behalf. The Zoning 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 Town of New Milford Zoning Regulations.
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 unnecessary. The Hearing Officer shall conduct
the hearing in the order and form and with such methods of proof as
the Officer shall deem 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 for the violation, then the Hearing Officer shall dismiss the
matter and enter that determination in writing. 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.
[Ord. of5-13-2002]
If such assessment is not paid on the date of its entry, the
Heating 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 appropriate Superior Court,
together with the applicable entry fee. Further proceedings may then
be held pursuant to the applicable provisions of the Connecticut General
Statutes.
[Ord. of 5-13-2002]
The Mayor, with the approval of the Town Council, shall appoint
one or more citation Hearing Officers who shall serve for a term of
two years, unless removed for cause. Neither the Zoning Enforcement
Officer, the Building Inspector nor any employee of the Town of New
Milford exercising zoning authority may be appointed to be a Hearing
Officer pursuant to this chapter.
