[HISTORY: Adopted by the Representative Town Meeting as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands Commission — See Ch. 109.
[Adopted 10-12-2011[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 196, Penalties and Citations, which was comprised of Art. I, Inland Wetlands and Watercourses Violations, adopted 12-8-2004, and Art. II, Citation Hearing Procedure, adopted 12-8-2004.
A. 
Citations for violations of Inland Wetlands and Watercourses Regulations. Any police officer, the Wetlands Enforcement Officer of the Town of Branford, or any other person authorized by the First Selectman of the Town of Branford is hereby empowered to issue citations for violations of the Inland Wetlands and Watercourses Regulations of the Town of Branford in accordance with this article.
B. 
Citations for violations of Zoning Regulations. Any person authorized by the Planning and Zoning Commission of the Town of Branford is hereby empowered to issue citations for violations of the Zoning Regulations of the Town of Branford in accordance with this article.
As used in this article, the following terms shall have the meanings indicated:
CERTIFIED MAIL
Any form of mail, whether by the United States Postal Service or a private mail carrier, whereby the intended recipient is requested to provide a signed receipt showing that he or she received the mailing.
CITATION OFFICER
A person empowered to issue citations pursuant to § 196-1.
HAND DELIVERY
The direct delivery of a document to a recipient by a Citation Officer, or any form of delivery to the last-known address of an intended recipient by the United States Postal Service or by any private mail carrier, whereby the carrier provides a written confirmation of delivery to the Citation Officer.
WETLANDS REGULATIONS
The Inland Wetlands and Watercourses Regulations of the Town of Branford.
ZONING REGULATIONS
The Zoning Regulations of the Town of Branford.
A. 
Initial notice required. Before any Citation Officer may issue a citation, he or she must issue a written notice informing the recipient of the nature of the violation. Any such initial notice may be served either by hand delivery or by certified mail to the person named in such citation. If the person to whom such notice has been sent by certified mail refuses to accept such mail, the original or a certified copy of the original notice may be sent by regular United States mail. The Citation Officer shall file and retain an original or certified copy of the initial notice, as well as any delivery confirmation or return receipt from certified mail, whether or not the mail was accepted. The date of delivery of the initial notice shall be deemed to be the earlier of: (1) the actual date of delivery, or (2) five business days after the date of the original mailing, regardless of whether such mailing was accepted.
B. 
Citation process. A Citation Officer may issue a citation to any person to whom an initial notice has been delivered pursuant to § 196-3A if such Citation Officer finds that the violation described in the initial notice has not been fully abated by the end of the second day after the date of delivery of such notice. Any such citation may be served either by hand delivery or by certified mail to the person named in such citation. If the person named in a citation sent by certified mail refuses to accept such mail, the original or a certified copy of the original citation may be sent by regular United States mail. The Citation Officer shall file and retain an original or certified copy of the citation, as well as any delivery confirmation or return receipt from certified mail, whether or not the mail was accepted. The date of delivery of the citation shall be deemed to be the earlier of: (1) the actual date of delivery, or (2) five business days after the date of the original mailing, regardless of whether such mailing was accepted.
A. 
Violations of Wetlands Regulations.
(1) 
The following fines may be assessed by citation for a violation of the Wetlands Regulations:
(a) 
For conducting or allowing the conduct of any regulated activity within any portion of an inland wetland or watercourse without a permit or in violation of any permit, including deposition of any material, removing of any material, discharging, polluting, excavating, filling, draining, grading, clear-cutting, removal of vegetation, planting invasive vegetation, or other activities resulting in direct impacts, to any portion of an inland wetland or watercourse: a fine of $1,000 for each offense.
(b) 
For conducting, permitting the conduct of, undertaking, permitting the existence of, or allowing any regulated activity outside of an inland wetland or watercourse without a permit or in violation of any permit which causes, directly or indirectly, pollution, draining/drying, erosion, filling, damage to native vegetation, or other negative impacts to an inland wetland or watercourse or any portion thereof: a fine of $1,000 for each offense.
(c) 
For noncompliance with permit conditions and/or limitations or with enforcement orders, where such noncompliance is not described in Subsection A(1)(a) or (b) of this section: a fine of $1,000 for each offense.
(d) 
For conducting any other regulated activity without the issuance of a permit, where such activity is not described in Subsection A(1)(a), (b) or (c) of this section: a fine of $500 for each offense.
(2) 
Each day on which a violation of the Wetlands Regulations continues to exist shall be deemed a separate and distinct violation.
B. 
Violations of Zoning Regulations. A fine of $150 per day may be assessed by citation for any violation of the Zoning Regulations for as long as such violation continues to exist.
Any person receiving 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. Such fines shall be made payable to the Treasurer of the Town of Branford. If such fine is not paid within the thirty-day period, further actions may be taken pursuant to Section 7-152c of the Connecticut General Statutes.
Any person who receives a citation may challenge his or her liability therefor and request a hearing thereon in accordance with the provisions of Section 7-152c of the Connecticut General Statutes.