[HISTORY: Adopted by the Town of Clinton 3-22-2014. Amendments
noted where applicable.]
The purpose of this chapter is to establish penalties for violations
of Clinton Zoning Regulations, to enable the Zoning Enforcement Officer
(the ZEO) to issue citations for the types of zoning violations hereinafter
specified, and to establish a citation hearing procedure in accordance
with C.G.S. §§ 8-12a and 7-152c.
The owner or agent of any building or premises where a violation of any provision of the regulations under § 265-2 above has been committed or exists, or the lessee or tenant of an entire building or entire premises where such violation has been committed or exists, or the owner, agent, lessee or tenant of any part of the building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation and/or who maintains any building or premises in which any such violation exists, shall be issued a citation for such violation in accordance with the procedures herein.
A.
In those instances where the ZEO deems that there is time to do so
and where the ZEO determines that a continuing violation is not causing
immediate or significant harm, a written warning in the form of a
notice of violation shall be sent prior to issuing the citation sent
by regular mail and certified return receipt. In the case where a
notice of violation is sent to a party other than the owner of the
property, then a copy of the notice may be sent to the owner of the
property as shown on the Town's Assessor's field card.
B.
Such notice of violation shall provide:
(1)
Details of the specific violation.
(2)
Instructions on how to remedy the violation.
(3)
A ten-day period of abatement within which no fine shall accrue.
(4)
That the alleged violator may contest his liability at a hearing
before a hearing officer by delivering, in person or by mail, written
notice of such intent within 10 days of the date of notice of violation
to said violator.
C.
If the violation continues after the period of abatement specified
within the notice of violation, a citation may be issued in accordance
with the provisions herein.
D.
A violation of the same character that is repeated within 24 months
after the notice of violation is deemed a continuing violation and
a new citation may be issued without a new notice of violation.
A.
No fine imposed under the authority of this section may exceed $150
for each day a violation continues.
B.
In addition to the imposition of a fine, the ZEO may take such other
enforcement action as the circumstances warrant.
C.
The alleged violator shall be responsible for reporting, in writing,
subsequent compliance to the ZEO. Until such time, the fine(s) shall
continue to be imposed on a daily basis.
A.
For any violation that is not timely abated or is a continuing violation,
a citation may be issued by the ZEO, which shall contain the following:
(1)
The detail of the unabated or continuing violation.
(2)
The amount of the fine due.
(a)
The fine shall accrue on a daily basis from two days following
the date of the citation, and the citation shall so state.
(3)
That the alleged violator may contest his liability at a hearing
before a hearing officer by delivering, in person or by mail, written
notice of such intent within 10 days of the date of citation to said
violator.
(4)
That if the alleged violator does not demand such a hearing, an assessment
and judgment shall be entered against him.
(5)
That such judgment may issue without further notice.
B.
The citation shall be sent by both certified mail and regular USPS
mail.
A.
If the alleged violator or other person to whom a citation has been sent pursuant to § 265-6 above wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fine in person or by mail to the Zoning Enforcement Officer at the Land Use Office.
B.
Any alleged violator or other person who does not deliver or mail a written demand for a hearing to the Clinton Land Use Office within 10 days of the date of the citation provided in § 265-6 above shall be deemed to have admitted liability, and the Zoning Enforcement Officer shall certify such person's failure to respond to the hearing officer.
A.
The First Selectman of the Town of Clinton shall appoint one or more
citation hearing officers, who shall be other than police officers
or employees or persons who issue citations, to conduct the hearings
authorized by this section.
B.
No ZEO, building inspector or employee of the municipal body exercising
zoning authority may be appointed to be a hearing officer.
C.
Any person who requests a hearing shall be given written notice of
the date, time and place for the hearing.
D.
Such hearing shall be held not less than 15 days nor more than 30
days from the date of the mailing of such notice, provided that the
hearing officer shall grant, upon good cause shown, any reasonable
request by an interested party for postponement or continuance.
E.
An original or certified copy of the initial notice of violation
issued by a police officer or other issuing officer shall be filed
and retained by the Town, shall be deemed to be a business record
within the scope of C.G.S. § 52-180 and evidence of the
facts contained therein.
F.
The presence of the Zoning Enforcement Officer shall be required
at the hearing if such person so requests.
G.
The alleged violator or other person wishing to contest liability
shall appear at the hearing and may present evidence in his behalf.
The hearing officer may accept from such alleged violator copies of
documents by mail and may determine thereby that the appearance of
such person is unnecessary. If the alleged violator fails to appear,
the hearing officer may enter an assessment of the fine by default
against him upon a finding of proper notice and liability under this
chapter.
H.
The Zoning Enforcement Officer, or his designated representative
other than the hearing officer, may present evidence on behalf of
the Zoning Enforcement Officer.
I.
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.
J.
The hearing officer shall announce his decision at the end of the
hearing. If he determines that the alleged violator or other 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 fine against
such person as provided by this chapter.
A.
If such fine assessment is not paid on the date of its entry, the
hearing officer shall:
(1)
Send by first-class mail a notice of the fine assessment to the person
found liable; and
(2)
Shall file, not less than 30 days nor more than 12 months after such
mailing, a certified copy of the notice of fine assessment with the
Clerk of the Superior Court for the Judicial District of Middlesex,
together with an entry fee of $8.
B.
The certified copy of the notice of fine assessment shall constitute
a record of the fine assessment.
C.
Within such twelve-month period, fine assessments against the same
person may be accrued and filed as one record of fine assessment.
D.
The Clerk of the Court shall enter judgment in the amount of such
record of fine assessment and court costs of $8 against such person
in favor of the Town.
E.
Notwithstanding any other provision of the General Statutes, the
hearing officer's fine 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.
The person against whom an assessment has been entered pursuant to
this chapter is entitled to judicial review by way of appeal.
B.
An appeal shall be instituted within 30 days of the mailing of notice
of such fine assessment by filing a petition to reopen the fine assessment,
together with an entry fee in an amount equal to the entry fee for
a small claims case pursuant to C.G.S. § 52-259, in the
Superior Court for the Judicial District of Middlesex, which shall
entitle such person to a hearing in accordance with the rules of the
judges of the Superior Court.
All monies received pursuant to the procedure set forth herein
shall be payable to the treasurer of the Town of Clinton.
