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Town of New Milford, CT
Litchfield County
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Table of Contents
Table of Contents
[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.