[HISTORY: Adopted by the Town Meeting of the Town of Easton 2-1-2000. Amendments
noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Ch. 29.
The purpose of this chapter is to establish a means by which
the Town of Easton may more effectively enforce its Inland Wetlands
and Watercourses Regulations, as herein ded, with the implementation
of s for violations and continued nonconformance therewith.
This chapter has been prepared and adopted pursuant to Connecticut
General Statutes § 22a-42g(a), as adopted by the Easton
Town Meeting on February 1, 2000, effective 30 days from publication,
and may be amended from time to time by the Easton Town Meeting or
its successor.
The following words, terms, and phrases used in this chapter
shall have the following meanings:
The Easton Conservation Commission or its successor, acting
as the Inland Wetlands and Watercourses Agency of the Town of Easton
pursuant to the provisions of §§ 22a-36 to 22a-45 inclusive
of the Connecticut General Statutes.
The Inland Wetlands and Watercourses Protection and Maintenance
Fund established by this chapter to secure any s collected hereunder.
The Inland Wetland and Watercourses Regulations of the Town
of Easton, as such may be amended from time to time.
Any person, firm, partnership, association, corporation,
limited liability company, company, organization or legal entity of
any kind, including municipal corporations, governmental agencies
or subdivisions thereof.
The employees and/or designees of the Town of Easton responsible
for enforcing the policies and regulations of the Commission.
A.
Upon the recommendation of the Commission, any Easton police officer,
wetlands enforcement officer and/or any other person authorized by
the Easton First Selectman may issue a citation to any person who
violates the Inland Wetlands and Watercourses Regulations.
B.
The shall not exceed $1,000 per each offense as may be established
by the Commission. In assessing the damage and in recommending the
amount of to be levied, the Conservation Commission or its designee
shall consider all relevant facts and circumstances, including but
not limited to the following:
(1)
The environmental impact of the unauthorized action, construction,
facility or condition.
(2)
The irreversibility and/or irretrievability of damage caused by the
unauthorized action, construction, facility or condition.
(3)
The character and degree of injury to or interference with public
health, safety and welfare that the unauthorized action, construction,
facility or condition has caused.
(4)
The continuance of violation after notification by the Commission
or service of any order or notice within the powers of the Commission.
(5)
The history of multiple violations by the person cited.
C.
Each violation of the Inland Wetlands and Watercourses Regulations
shall be a separate and distinct offense, and in case of continuing
violation, each day's continuance thereof shall be deemed to
be a separate and distinct offense for which a fine may be levied.
D.
Preexisting violations. Violations of or nonconformance with the
Inland Wetlands and Watercourse Regulations in existence at the effective
date of this chapter shall be deemed violations under this chapter
and may be issued fines accordingly.
A.
A special fund known as the "Inland Wetlands and Watercourses Protection
and Maintenance Fund" is hereby established pursuant to the provisions
of § 22a-42g(c) of the Connecticut General Statutes, which
fund shall be maintained and administered by the Commission.
B.
Any fine collected by the Town of Easton pursuant to this chapter
shall be deposited in said fund and shall be used by the Commission
for the maintenance and protection of wetlands and/or watercourses
or such other legitimate purposes as may be established by the Commission.
A.
In accordance with § 7-152c of the Connecticut General
Statutes, as the same may be amended from time to time, there is hereby
established the following citation hearing procedure:
(1)
The First Selectman of the Town of Easton shall appoint one or more
citation hearing officers, other than police officers or other persons
authorized to issue citations hereunder, to conduct the hearings authorized
by this chapter.
(2)
The Town of Easton shall send notice to the person cited within 12
months from the expiration of the final period for the uncontested
payment of fines, penalties, costs or fees for any citation issued
for any unauthorized action.
(3)
Such notice shall inform the person cited:
(a)
Of the allegations against him;
(b)
The amount of the fines, penalties, costs or fee due;
(c)
Of his right to contest his liability before a citation hearing officer
by delivering in person or by mail written notice within 10 days of
the date thereof;
(d)
That if he does not demand such a hearing, an assessment and judgment
shall be entered against him; and
(e)
That such judgment may issue without further notice.
B.
If any person who is sent notice pursuant to Subsection A(2) of this section wishes to admit liability for any alleged violation, he/she may, without requesting a hearing, pay the full amounts of the fines, penalties, costs or fees admitted to in person or by mail to the Easton Conservation Commission. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment.
C.
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 Subsection A(2) of this section shall be deemed to have admitted liability, and the Conservation Commission 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 this chapter and shall follow the procedures set forth in Subsection E of this section.
D.
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 that the hearing officer shall grant upon good
cause shown any reasonable request by any interested party for postponement
or continuance. An original of certified copy of the initial notice
of violation issued by the issuing official or police officer shall
be filed and retained by the Town of Easton and shall be deemed to
be a business record within the scope of Connecticut General Statutes
§ 52-180 and evidence of the facts contained therein. The
presence of the issuing official or police officer shall be required
at the hearing if such person so requests. A person wishing to contest
his liability shall appear at the hearing and may present evidence
in his behalf. A designated municipal official, other than the hearing
officer, may present evidence on behalf of the Town of Easton. If
such person fails to appear, the hearing officer may enter an assessment
by default against him upon a finding of proper notice and liability
under the applicable statutes and/or ordinances. The hearing officer
may accept from such person copies of police reports, investigation
and citation reports, and other official documents by mail 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 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 decision at the end of the
hearing. If he determines that the person is not liable, he shall
dismiss the matter and enter his determination in writing accordingly.
If he determines that the person is liable for the violation, he shall
forthwith enter and assess the fines, penalties, costs or fees against
such person as provided by the applicable ordinances of the municipality.
[Amended 9-15-2014]
E.
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 Town of Easton 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 judgment, in the amount of such
record of assessment and court costs of $8, against such person in
favor of the Town of Easton. Notwithstanding any other provisions
of the General Statutes or ordinance, 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.
