[HISTORY: Adopted by the City of Norwalk Common Council 6-28-2005. Amendments
noted where applicable.]
The Mayor shall appoint one or more parking violation and citation
hearing officers, other than police officers or persons who issue
parking tickets and/or citations, to conduct the hearings authorized
by this chapter.
The City, at any time within 12 months from the expiration of
the final period for the uncontested payment of fines, penalties,
costs or fees for any citation issued under any ordinance adopted
pursuant to C.G.S. § 7-148 or § 22a-226d, for
an alleged violation thereof, shall send notice to the person cited.
Such notice shall inform the person cited:
A.
Of the allegations against him and the amount of the fines, penalties,
costs or fees due;
B.
That he may contest his liability before a citation hearing officer
by delivering in person or by mail written notice within 10 days of
the date thereof;
C.
That if he does not demand such a hearing, an assessment and judgment
shall be entered against him; and
D.
That such judgment may issue without further notice.
A.
The City and/or Norwalk Parking Authority may, at any time within
two years from the expiration of the final period for the uncontested
payment of fines, penalties, costs or fees for any alleged violation
under any ordinance adopted pursuant to C.G.S. § 7-148 or
§§ 14-305 to 14-308, inclusive, send notice to the
motor vehicle operator, if known, or the registered owner of the motor
vehicle by first class mail at his address according to the registration
records of the Department of Motor Vehicles. Such notice shall inform
the operator or owner:
(1)
Of the allegations against him and the amount of the fines, penalties,
costs or fees due;
(2)
That he may contest his liability before a parking violations hearing
officer by delivering in person or by mail written notice within 10
days of the date thereof:
(3)
That if he does not demand such a hearing, an assessment and judgment
shall enter against him; and
(4)
That such judgment may issue without further notice.
B.
Whenever a violation of such an ordinance occurs, proof of the registration
number of the motor vehicle involved shall be prima facie evidence
in all proceedings provided for in this section that the owner of
such vehicle was the operator thereof, provided, the liability of
a lessee under C.G.S. § 14-107, shall apply.
If the person who is sent notice pursuant to § 73B-2 or 73B-3 of this chapter wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated by the City and/or Norwalk Parking Authority. 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 or mail written demand for a hearing within 10 days of the date of the first notice provided for in § 73B-2 or 73B-3 of this chapter shall be deemed to have admitted liability, and a designated City and/or Norwalk Parking Authority official 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 applicable ordinances and shall follow the procedures set forth in Subsection F of this chapter.
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. An original or certified copy of the
initial notice of violation issued by the issuing official or policeman
shall be filed and retained by the City and/or Norwalk Parking Authority,
and shall be deemed to be a business record within the scope of C.G.S. § 52-180
and evidence of the facts contained therein. The presence of the issuing
official or policeman 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
City and/or Norwalk Parking Authority official, other than the hearing
officer, may present evidence on behalf of the City and/or Norwalk
Parking Authority. 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 or ordinances.
The hearing officer may accept from such person copies of police tickets
or reports, investigatory 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 City.
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 a superior court facility designated
by the Chief Court Administrator 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 City. Notwithstanding any provision of the general statutes,
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.
A person against whom an assessment has been entered pursuant
to this chapter is entitled to judicial review by way of appeal. An
appeal shall be instituted within 30 days of the mailing of notice
of such assessment by filing a petition to reopen assessment, together
with an entry fee in an amount equal to the entry fee for small claims
case pursuant to C.G.S. § 52-259, at a Superior Court facility
designated by the Chief Court Administrator, which shall entitle such
person to a hearing in accordance with the rules of the judges of
the Superior Court.
