[Adopted STM 6-20-1990 by Ord. No. 52]
This chapter is established under Connecticut General Statutes,
Public Act 88-221.
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.
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).
[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.
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.