[Adopted by the STM 11-3-2009]
The purpose of this article is to establish a means by which
the Town of Bethany may more effectively enforce the Zoning Regulations
and the Inland Wetlands and Watercourses Regulations of the Town of
Bethany, with the implementation of fines for violations and continued
nonconformances.
This article, pursuant to Connecticut General Statutes, § 8-12a
and § 22a-42g, was adopted by the Town of Bethany November
3, 2009, to be effective on January 15, 2010.
The following words, terms and phrases used in this article
shall have the following meanings:
The employee of the Town of Bethany responsible for the enforcement
of the Zoning and Inland Wetlands and Watercourses Regulations.
The Bethany Planning and Zoning Commission acting under Chapter
124 of the Connecticut General Statutes or the Bethany Inland Wetlands
and Watercourses Agency acting under § 22a-42 of the Connecticut
General Statutes.
Any person, firm, partnership, association, corporation,
company, organization, or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
The Zoning Regulations of the Town of Bethany or the Inland
Wetlands and Watercourses Regulations of the Town of Bethany.
A.
The Zoning Enforcement Officer, any Assistant Zoning Enforcement
Officer, the Wetlands Enforcement Officer or any duly appointed Assistant
Wetlands Enforcement Officer are hereby authorized to issue citations
to any person who commits a violation of the Town's Zoning Regulations
or Inland Wetlands and Watercourses Regulations. In such instances,
each citation will apply jointly and severally to the owner of the
property in question and his/her agents, contractors and subcontractors.
Each day that any violation continues shall be deemed a separate offense,
for which a separate citation may be issued.
B.
Any such citation may be delivered either by hand delivery or by
certified mail to the person named in the citation. The Zoning Enforcement
Officer, including any Assistant, or the Wetlands Enforcement Officer
including any Assistant, issuing a citation shall retain a copy of
the citation; in addition, a copy of the initial citation shall be
reported to the Bethany Planning and Zoning Commission, Inland Wetlands
and Watercourse Agency or the Connecticut Department of Environmental
Protection, as applicable, pursuant in part to Section 22a-39-14 of
the Connecticut State Regulations of the Department of Environmental
Protection.
C.
The citation shall inform such person:
(1)
Of the allegations against him or her and the amount of the fine(s);
(2)
That the person has a period of 30 days from the date of the citation
(i.e., the date of hand delivery or the date the citation was mailed)
to make an uncontested payment of the fine(s);
(3)
That payments shall be made payable to the Treasurer of the Town
of Bethany at Town Hall.
If the person does not pay the fine within 30 days from the
date of the citation, then at any time within 12 months from the expiration
of the thirty-day period, the Zoning Enforcement Officer or the Wetlands
Enforcement Officer shall send a notice to the person cited, by hand
delivery or certified mail, 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 by delivering, in person or by mail, within 30 days from the date of the notice, a written demand for a hearing, pursuant to Article III, Citation Hearing Procedure;
C.
That if the person cited does not demand such a hearing, an assessment
and judgment shall be rendered against him or her; and
D.
That such judgment may issue without further notice.
E.
That the Town of Bethany shall place a notice of lien upon the real
property that is subject of said violation(s). The amount of the lien
together with interest at the rate of 10% per annum, costs and attorney
fees shall be paid by the person issued said citation and/or the property
owner. If collection or other enforcement action is necessary, the
court costs, fees and attorney fees due shall be the responsibility
of the person issued the citation and/or property owner.
A.
The fine shall be $1,000 per citation for activities within wetlands
or watercourses and $500 per citation for zoning violations or violations
within any adopted regulated areas or buffer/setback areas that otherwise
impact wetlands or watercourses. No such fine may be levied against
the State of Connecticut or any employee of the state acting within
the scope of his/her employment.
B.
At its discretion, the Planning and Zoning Commission and Inland
Wetlands and Watercourses Agency may seek additional penalties and
remedies in accordance with their duly adopted respective regulations,
as they may be amended from time to time.
The provisions of this article shall not be construed to limit
or alter the authority, duty and responsibility of the Bethany Planning
and Zoning Commission as granted and established under the applicable
Connecticut General Statutes or the Bethany Inland Wetlands and Watercourses
Agency as granted and established under Connecticut's Inland
Wetlands and Watercourses Act, §§ 22a-36 through 22a-45
of the Connecticut General Statutes, local regulations and ordinances
or other legislation that may apply.
Violations or nonconformance with the Zoning Regulations or
the Inland Wetlands and Watercourses regulations in existence on the
effective date of this article shall be deemed violations under this
article, and may be issued fine(s) accordingly.
Any fine collected by the Town of Bethany pursuant to this article
shall be deposited into the General Fund of the Town of Bethany.
