[HISTORY: Adopted by the Town of Newtown as indicated in
article histories. Amendments noted where applicable.]
[Adopted by the Legislative Council 9-16-2009 (Ord. No. 91)]
Any land use agency officer is authorized to issue citations
for violations of the Zoning Regulations (authorized under C.G.S.
§ 8-12a) and Inland Wetlands and Watercourses Regulations
(authorized under C.G.S. § 22a-42g) of the manner provided
by this article pursuant to C.G.S. § 7-152c. 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 delivered by State Marshal. The land use
agency officer shall file and retain the original or certified copy
of the citation.
A citation may be issued for any violation of the Zoning Regulations
and Inland Wetland and Watercourses Regulations of the Town of Newtown,
State of Connecticut.
The fine for each such citation shall be determined by written
fee schedules established by the land use agency, not to exceed $1,000
per day for each inland wetland and watercourses violation and not
to exceed $150 per day for zoning violations, payable to the Town
of Newtown.
Any person receiving such a citation shall be allowed a period
of 10 days from his or her fine receipt of the citation to make an
uncontested payment of the fine specified in the citation to the Town.
If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Town within the time allowed under § 158-4 of this article, the land use agency 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 First Selectman of the Town of Newtown, as provided in § 158-9 of this article, by delivering, in person or by mail, 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 § 158-5 of this article 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 Town 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 § 158-5 of this article shall be deemed to have admitted liability, and the land use agency 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 procedures set forth in § 158-8 of this article.
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 land use agency 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
land use agency 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 Town of Newtown 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 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 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 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 First Selectman of Newtown shall appoint one or more citation
hearing officers to conduct the hearings provided by this article.
The hearing officer may not be a Town of Newtown employee.
