[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Editor's Note: This ordinance also superseded former Ch. 196,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:
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.
A person empowered to issue citations pursuant to § 196-1.
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.
The Inland Wetlands and Watercourses Regulations of the Town
of Branford.
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.
(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.
Chapter 225 of the Branford Code, entitled "Zoning Citations,"
is hereby repealed.
