[HISTORY: Adopted by the Board of Burgesses
of the Borough of Newtown as indicated in article histories. Amendments
noted where applicable.]
[Adopted effective 12-30-1974]
If a regular member of either the Zoning Commission
or Zoning Board of Appeals is absent or is disqualified, and if there
are no alternate members of such Commission or Board present or qualified,
the Chairman of such Commission or Board may choose an Elector of
the Borough of Newtown to act as a member of such Commission or Board
in the hearing and determination of any matter before the Commission
or Board. In the event that the Chairman of such Commission or Board
is absent or disqualified, a majority of such Commission or Board
may choose an Elector of the Borough of Newtown to act as a member
of such Commission or Board in the hearing and determination of any
matter.
No Elector of the Borough of Newtown shall be
eligible to be appointed as a member of the Zoning Commission or Zoning
Board of Appeals pursuant to the Ordinance with respect to any matter
in which he is directly or indirectly interested in a personal or
financial sense.
This ordinance has been adopted pursuant to
the provisions of Section 8-11 of the General Statutes, as amended.
This ordinance shall become effective on December
30, 1974.
[Adopted 9-23-1997]
That the Zoning Enforcement Officer is authorized
to issue citations for violations of the Zoning Regulations of manner
provided by this Ordinance. 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 original or certified copy of the citation.
That a citation may be issued for any violation
of the Zoning Regulations of the Borough of Newtown, State of Connecticut.
That the fine for each such citation shall be
$100 payable to the Treasurer of the Borough of Newtown.
That any person receiving such a citation shall
be allowed a period of 30 days from his or her fine 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 paragraph 1 of this Ordinance,
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 paragraph 4 of this
Ordinance, the Zoning Enforcement Officer shall send a notice to the
person cited, informing such person: (1) of the allegations against
him or her and the amount of the fines; (2) that the person cited
may contest liability before a Hearing Officer appointed by the Warden
of the Borough of Newtown, as provided in paragraph 9 of this Ordinance,
by delivering, in person or by mail, within 10 days of the date of
the notice, a written demand for a hearing; (3) that if the person
cited does not demand such a hearing, an assessment and judgment shall
be entered against him or her, and (4) that such judgment may issue
without further notice.
If the person who is not sent notice pursuant
to paragraph 5 of this Ordinance 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 Treasurer
of the Borough of Newtown. 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
a written demand for a hearing within 10 days of the date of the notice
described in paragraph 5 of this Ordinance 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 Ordinance and shall follow the procedures set forth in
paragraph 8 of this Ordinance.
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 Officer 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 in
his or her behalf. The Zoning Enforcement Officer may present evidence
on behalf of the municipality. If 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 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. The Hearing Officer shall conduct the hearing
in the order and from 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 Ordinance.
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 twelve months after with the Clerk of the
Superior Court for Geographical Three, together with an entry fee
of $8. Further proceedings may then be held pursuant to the applicable
provisions of the Connecticut General Statutes.
The Warden of the Borough of Newtown shall appoint
one or more citation Hearing Officers to conduct the hearings provided
by this Ordinance. Neither the Zoning Enforcement Officer, the Building
Inspector, nor any employee of the Borough of Newtown or Borough of
Newtown Zoning Commission may be appointed as a Hearing Officer pursuant
to this Ordinance.
