[Adopted 2-13-2007 (§ A.5, Sec. 1, of the Town Code)]
A. 
The Town Planner and Town employees working at the direction of the Town Planner are authorized to issue citations for violations of the Inland Wetlands Regulations of the Town of Marlborough to the extent and in the manner provided by this article. Any such citation may be served either by hand delivery or by certified mail, return receipt requested, to the person named in the citation. If the person named in the citation sent by certified mail refuses to accept such mail, a citation may be sent by regular United States Mail. The issuance of such citations and any fines payable in connection therewith shall be in addition to and not in lieu of any penalties or remedies set forth in the Inland Wetlands Regulations of the Town of Marlborough and the Connecticut General Statutes.
B. 
The Conservation Commission is hereby empowered and authorized, as the designee of the Board of Selectmen, to adopt regulations governing the issuance and enforcement of all citations issued for violations of the Inland Wetlands Regulations of the Town of Marlborough, provided that said regulations shall be in conformance in all respects to this article and applicable law. In no event shall any citation be issued pursuant to this § 254-7: (1) prior to the effective date of such regulations; (2) against the state or any employee of the state acting within the scope of his employment; or (3) without the approval of the Conservation Commission. The schedule of fines for such citations shall be set by the Board of Selectmen from time to time, and the initial schedule of fines for such citations is set forth in Schedule A attached hereto and made a part hereof.
C. 
The Town Planner shall retain an original or certified copy of any citation issued pursuant to this § 254-7, which original or certified copy shall be deemed a business record within the scope of § 52-180 of the Connecticut General Statutes, as amended.
A. 
The Zoning Enforcement Officer and Town employees working at the direction of the Zoning Enforcement Officer are authorized to issue citations for violations of Chapter 340, Zoning, of the Code of the Town of Marlborough to the extent and in the manner provided by this article. Any such citation may be served either by hand delivery or by certified mail, return receipt requested, to the person named in the citation. If the person named in the citation sent by certified mail refuses to accept such mail, a citation may be sent by regular United States Mail. The issuance of such citations and any fines payable in connection therewith shall be in addition to and not in lieu of any penalties or remedies set forth in Chapter 340, Zoning, of the Code of the Town of Marlborough and the Connecticut General Statutes.
B. 
The Zoning Commission is hereby empowered and authorized, as a designee of the Board of Selectmen, to adopt regulations governing the issuance and enforcement of all citations issued for violations of Chapter 340, Zoning, of the Code of the Town of Marlborough, provided that said regulations shall be in conformance in all respects to this article and applicable law. In no event shall any citation be issued pursuant to this section: (1) prior to the effective date of such regulations or (2) without the approval of the Zoning Commission. The schedule of fines for such citations shall be set by the Board of Selectmen from time to time, and the initial schedule of fines for such citations is set forth in Schedule A attached hereto and made a part hereof.[1]
[1]
Editor's Note Schedule A is attached to this chapter.
C. 
The Town Planner shall retain an original or certified copy of any citation issued pursuant to this § 254-8, which original or certified copy shall be deemed a business record within the scope of § 52-180 of the Connecticut General Statutes, as amended.
A person or entity receiving a citation authorized by this article shall be allowed to make an uncontested payment of the fine specified therein for a period of 30 days, commencing upon the date of receipt of the citation, provided that if the citation has been sent by regular mail pursuant to the provisions of § 254-7 or 254-8, the day of receipt of the citation shall be deemed to be three days after the day of mailing of the citation. Any payment made pursuant to this § 254-9 shall be made to the Treasurer for deposit in the General Fund. 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 or entity issued a citation and failing to make an uncontested payment thereof pursuant to § 254-9 hereof shall be entitled to a notice informing such person or entity:
A. 
Of the allegations against such person or entity and the amount of fines due;
B. 
That such person or entity is entitled to contest his or its liability before a citation hearing board by delivering, in hand or by United States Mail to the Town Planner, written demand thereof within 10 days following receipt of the notice described by this section;
C. 
That failure to demand a hearing within such ten-day period may result in judgment being entered against such person or entity; and
D. 
That such judgment may issue without further notice.
Any person or entity receiving a notice described in § 254-10 hereof shall be entitled to admit liability and pay the full amount of the fines described in such notice without requesting a hearing. Such payment shall be made within the ten-day period described in § 254-10B. Any payment made pursuant to this § 254-11 shall be sent to the Town Planner and made payable to the Treasurer for deposit in the General Fund. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment.
A. 
The Board of Selectmen shall appoint at least three Town residents to act as citation hearing officers to conduct hearings as described in this article.
(1) 
In no event shall any of the following individuals be appointed as a hearing officer pursuant to this § 254-12:
(a) 
The Town Planner.
(b) 
The Zoning Enforcement Officer.
(c) 
The Town Building Inspector.
(d) 
Any Commissioner of the Conservation Commission.
(e) 
Any Commissioner of the Zoning Commission.
(f) 
Any Town employee exercising any authority under the Inland Wetlands Regulations of the Town of Marlborough or Chapter 340, Zoning, of the Code of the Town of Marlborough.
(2) 
No citation hearing officer shall be entitled to compensation in connection with the exercise of such citation hearing officer's duties hereunder. Each citation hearing officer shall be removable at will by the First Selectman, subject to the approval of the Board of Selectmen, acting as chief executive officer of the Town of Marlborough pursuant to § 7-12a of the Connecticut General Statutes, as amended.
B. 
A Chief Citation Hearing Officer shall be elected by the members of the Citation Hearing Board from among the members of the Citation Hearing Board. This election shall be made upon the effective date of this article and annually thereafter in January of each year. The Chief Citation Hearing Officer shall continue in office until his successor is elected. The Chief Citation Hearing Officer shall be responsible for:
(1) 
Establishing a Citation Hearing Board from time to time pursuant to Subsection C hereof;
(2) 
Making final determinations regarding conflicts of interest and other ethical matters as they pertain to any Citation Hearing Officer;
(3) 
Administrating each hearing pursuant to the provisions hereof; and
(4) 
Ensuring the adherence of each hearing conducted hereunder to the applicable provisions of the Connecticut General Statutes, as amended, and the provisions hereof.
C. 
Three Citation Hearing Officers shall comprise a Citation Hearing Board. In the event that more than three Citation Hearing Officers shall have been appointed pursuant to the provisions hereof, the Chief Citation Hearing Officer shall appoint a Citation Hearing Board from all available Citation Hearing Officers, provided that the Chief Citation Hearing Officer shall use reasonable efforts to ensure the equal participation of all Citation Hearing Officers.
A. 
Any person or entity receiving the notice described in § 254-10 shall be permitted to demand a hearing by delivering written demand thereof, by hand or via United States Mail, to the Town Planner within the 10 days following receipt of the notice described in § 254-10. Such person or entity shall be entitled to require the presence of the individual issuing such citation at such hearing, provided such person or entity includes such request in such demand. The Town Planner, upon receipt of such demand, shall assign such hearing and certify such demand to the Chief Citation Hearing Officer.
B. 
The Chief Citation Hearing Officer shall set a date, time and place for a hearing and send written notice thereof to such person or entity. Such hearing shall be held not less than 15 days nor more than 30 days following the Town Planner's receipt of such demand, provided that the Chief Citation Hearing Officer shall grant a postponement or continuance of such hearing upon good cause shown as requested by any interested party.
C. 
Any person or entity wishing to contest liability under the citation shall appear at the hearing. The Town Planner or his designee shall be permitted to appear on behalf of the Town.
D. 
All hearings shall be conducted by a Citation Hearing Board. Each Citation Hearing Board shall conduct hearings in the order and form and with such methods of proof as the Chief Citation Hearing Officer deems fair and reasonable. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. Testimony and evidence presented shall be recorded by a competent stenographer or, in the alternative, the Citation Hearing Board shall cause such testimony and evidence to be recorded by a sound-recording device. All testimony and evidence comprising the hearing record shall be retained as a business record within the scope of § 52-180 of the Connecticut General Statutes, as amended. Any person or entity contesting liability at the hearing and any individual appearing on behalf of the Town may present evidence. At the conclusion of the hearing, the Citation Hearing Board shall announce a decision, and a written record thereof shall be produced to be included in the hearing record. Any decision by a Citation Hearing Board shall require the affirmative consent of at least two of the Citation Hearing Officers comprising such Citation Hearing Board.
E. 
No Citation Hearing Officer which has a conflict of interest or the appearance of a conflict of interest in any hearings shall be assigned to preside over such hearings as part of a Citation Hearing Board. Any Citation Hearing Officer who determines that there exists the possibility of the appearance of a conflict of interest in any hearing shall recuse himself from such hearing, and the Chief Citation Hearing Officer shall assign an alternate Citation Hearing Officer to such hearing.
A. 
If any person or entity receiving the notice described in § 254-10 hereof fails to make a payment pursuant to § 254-11 or demand a hearing within the 10 days of receipt thereof, such person or entity shall be deemed to have admitted liability for the violation(s) stated in the citation. The Town Planner shall certify said failure to respond to the Chief Citation Hearing Officer, and the Chief Citation Hearing Officer shall thereafter enter and assess the fines stated in the citation.
B. 
If such contesting person or entity fails to appear at the hearing, the Citation Hearing Board assigned to such hearing shall determine whether such person or entity was duly noticed pursuant to the provisions of this article. If the Citation Hearing Board determines that such person or entity was duly noticed pursuant to the provisions of this article, the Citation Hearing Board shall determine whether such person's or entity's presence was necessary. The Citation Hearing Board shall be permitted to review copies of police reports, investigatory and citation reports and other official documents mailed to the Chief Citation Hearing Officer or the Citation Hearing Board by such person or entity. If the Citation Hearing Board determines that such person or entity was duly noticed and that such person's or entity's presence at the hearing was necessary, the Citation Hearing Board shall enter an assessment by default. Each determination made hereunder by a Citation Hearing Board shall require the affirmative consent of at least two of the Citation Hearing Officers comprising such Citation Hearing Board.
C. 
If at the conclusion of the hearing the Citation Hearing Board announces a decision stating that the person or entity cited is not liable, the Chief Citation Hearing Officer shall dismiss the matter and enter the determination in writing.
D. 
If at the conclusion of the hearing the Citation Hearing Board announces a decision stating that the person or entity cited is liable for the violation(s) stated in the citation, the Chief Citation Hearing Officer shall enter as provided for by this article such decision and assess the fines stated in such citation.
If any assessment is not paid on the date of its entry, the Chief Citation Hearing Officer shall follow the procedures established in § 7-152c(f) of the Connecticut General Statutes, as amended.
Any person or entity against which an assessment has been entered pursuant to this article is entitled to judicial review by way of appeal in accordance with § 7-152c(g) of the Connecticut General Statutes, as amended.