[HISTORY: Adopted by the Town of Barkhamsted as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boats on West Hill Pond — See Ch. 89, Art. I.
State Building Code — See Ch. 93, Art. I.
Firearms — See Ch. 118.
Firesafety zone — See Ch. 121.
Sewage facilities — See Ch. 156.
Garbage disposal — See Ch. 160, Art. I.
Street numbering — See Ch. 163.
Ice and zone on highways — See Ch. 166, Art. I.
Parking during winter storms — See Ch. 187, Art. I.
Zoning — See Ch. 193.
[Adopted STM 6-20-1990 by Ord. No. 52]
This chapter is established under Connecticut General Statutes, Public Act 88-221.[1]
[1]
Editor's Note: See C.G.S. §§ 7-148, Subsection (c)(10), and 7-152c.
The First Selectman shall appoint up to five persons, as necessary, who shall serve as citation hearing officers. Such persons shall not be police officers or employees or persons who issue citations on behalf of the Town or any other municipality. Each citation hearing officer is authorized to conduct the hearings set forth in this chapter.
At any time within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any citation issued under any ordinance adopted pursuant to C.G.S. § 7-148, as amended by Section 1 of Public Act 88-221, for an alleged violation thereof, the town-designated municipal officer or employee shall send notice to the property owner or person to be alleged in violation. Such notice shall inform the owner and any other person cited:
A. 
Of the allegations against him and the amount of the fines, penalties, costs or fees due.
B. 
That he may contest his liability before a citation hearing officer by delivering, in person or by mail, written notice within 10 days of the date thereof.
C. 
That if he does not demand such a hearing, an assessment and judgment shall be entered against him.
D. 
That such judgment may issue without further notice.
If the person who is sent notice pursuant to § 102-3 of this chapter wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to, in person or by mail, to an official designated by the town. 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 first notice provided for in § 102-3 of this chapter shall be deemed to have admitted liability, and the designated municipal official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in § 102-6 of this chapter.
A. 
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 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 initial notice of violation issued by the issuing official or policeman shall be filed and retained by the town and shall be deemed to be a business record within the scope of C.G.S. § 52-180 and evidence of the facts contained therein.
B. 
The presence of the issuing official or policeman shall be required at the hearing if such person so requests. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf. A designated municipal official other than the hearing officer may present evidence on behalf of the municipality.
C. 
If the person wishing to contest fails to appear, the hearing officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from such person copies of police reports, investigatory and citation reports and other official documents by mail and may determine thereby that the appearance of such person is unnecessary.
D. 
The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he 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 decision at the end of the hearing. If he determines that the person is not liable, he shall dismiss the matter and enter his determination, in writing, accordingly. If he determines that the person is liable for the violation, he shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the applicable ordinances of the municipality.
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 municipality is located, together with an entry fee of $8. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk shall enter a judgment, in the amount of such record of assessment and court costs of $8 against such person in favor of the town. Notwithstanding any other provision of the general statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment, and a levy of execution on such judgment may issue without further notice to such person.
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 assessment, together with an entry fee in an amount equal to the entry fee for small claims cases pursuant to C.G.S. § 52-259 in the Superior Court for the geographical area in which the municipality is located, which shall entitle such person to a hearing in accordance with the rules of the Judges of the Superior Court.
[Amended 6-30-1992 by Ord. No. 61]
The procedure established herein shall also apply to all town ordinances previously adopted which provide for the imposition of a fine, including specifically the following:
A. 
Ordinance No. 1, Sewage Facilities (Chapter 156).
B. 
Ordinance No. 6, Motorboat Regulations (Chapter 89, Article I).
C. 
Ordinance No. 8, Discharge of Firearms on Sunday (Chapter 118).
D. 
Ordinance No. 10, Garbage Disposal (Chapter 160, Article I).
E. 
Ordinance No. 12, Adoption of State Building Code (Chapter 93, Art. I).
F. 
Ordinance No. 53, Hawkers and Peddlers (Chapter 146).
G. 
Ordinance No. 18, Prohibiting Deposit of Ice and Snow on Public Highways (Chapter 166, Art. I).
H. 
Ordinance No. 19, Parking During Winter Storms (Chapter 187, Article I).
I. 
Ordinance Nos. 22 and 23, Firesafety Zones (Chapter 121).
J. 
Ordinance No. 42, Street-Numbering System (Chapter 163, Article I).
K. 
Ordinance No. 43, Assignment and Affixing of Visible Street Numbers (Chapter 163, Art. II).
[Adopted STM 9-6-2000]
A. 
The Zoning Enforcement Officer is authorized to issue citations for violations of the Zoning Regulations of the Town of Barkhamsted to the extent and in the manner provided by this article. Any such citation may be served either by hand delivery or by certified mail, return requested, to the person named in such citations. 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.
B. 
A citation may be issued for any violation of the Zoning Regulations of the Town of Barkhamsted.
[Amended ATM 5-1-2007]
The fine for each such citation shall be $150 per day payable to the Treasurer of the Town of Barkhamsted.
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 to the Treasurer. If the citation has been sent by regular mail pursuant to the provisions of § 102-9A of this article, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Treasurer within the time allowed under § 102-11 of this article, the Zoning Enforcement Office shall send a notice to the person cited by certified mail, return receipt requested, 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 First Selectman of the Town of Barkhamsted, as provided in § 102-16 of this article, by delivering, in person or by certified mail, return receipt requested, within 10 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.
If the person who is sent notice pursuant to § 102-12 of this article wishes to admit liability for any alleged violations, 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 fines shall be made payable to the Treasurer of the Town of Barkhamsted. 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 § 102-12 of this article 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 officer shall thereupon enter and assess the fines provided for by this article and shall follow the the procedures set forth in § 102-15 of this article.
A. 
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 that the hearing officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance.
B. 
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 behalf of the municipality.
C. 
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 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 person is unnecessary.
D. 
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 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 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 article.
If such assessment is not paid on the date of its entry, the hearing officer shall send by certified mail, return receipt requested, 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 District GA No. 18, together with an entry fee of $8. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk shall enter judgment in the amount of such record of assessment and court costs of $8 against such person in favor of the municipality. Notwithstanding any other provision of the General Statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue with further notice to such person.
A person against whom an assessment has been entered pursuant to this article 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 assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to C.G.S. 52-259, in Superior Court G.A. No. 18, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.
The First Selectman of the Town of Barkhamsted shall appoint one or more citation hearing officers to conduct the hearings provided by this article. Neither the Zoning Enforcement Officer, the Building Inspector nor any employee of the Town of Barkhamsted may be appointed as a hearing officer pursuant to this article.