This chapter and all decisions, resolutions, determinations,
orders, directions and other actions taken by the Commission shall
be enforced by the Zoning Enforcement Officer. The ZEO may engage
the services of any person reasonably required in the discharge of
the ZEO's duties hereunder.
The ZEO shall have the following powers and duties:
A.
To investigate complaints of violations and secure the correction
of such violations, including, without limitation, the exercise of
the rights and remedies set forth in the chapter.
B.
To issue zoning permits for activities and uses that are permitted
as of right in this chapter.
C.
To issue temporary use permits where authorized by this chapter.
D.
To issue certificates of zoning compliance.
E.
To decide on questions of interpretation and enforcement of this
chapter.
F.
To delegate any of the foregoing powers and duties to any other enforcement
officer as the ZEO deems appropriate, provided that, if the Commission
disapproves of any such delegation, such delegation shall be void
and of no effect.
A.
Compliance with regulations. No building or structure shall be erected,
constructed, altered, converted or maintained, nor shall any building,
structure or land be used in violation of any provision of the statutes,
this chapter, any other applicable statute, ordinance, rule or regulation
of any other authority having jurisdiction under the statutes or this
chapter. Any owner or tenant of a lot (or any portion thereof) on
which there exists a violation shall immediately cease and desist
from the continuance or allowance thereof and shall immediately and
fully correct any such violation.
B.
Procedures if violation is alleged or violation exists.
(1)
Investigation. The ZEO and/or any other enforcement officer
shall use best efforts to investigate all complaints alleging a violation,
to prevent violations, to detect existing violations, and to report
the results of any investigation, actions taken and current status
of any violation to the Commission, and in so doing, such enforcement
officer shall determine the proper course of correction thereof.
(2)
Written orders. After determining that a violation exists or
is reasonably likely to exist, the ZEO is empowered to issue a cease
and desist order. The Commission shall be empowered to cause the recordation
of any cease and desist order or a notice thereof on the Land Records.
C.
Statutory penalties.
(1)
Each violation party may be fined $100 for each day that such
violation continues, provided that, if such violation is determined
to be willful, such violation party may be fined $250 and/or imprisoned
for not more than 10 days per day that such violation continues.
(2)
Each violation party having been served with a cease and desist
order who shall not have corrected such violation described therein
for more than 10 days after delivery of such cease and desist order
shall be subject to a civil penalty of $2,500, such fine being payable
to the Tax Collector.
(3)
Each violation party having been served with a cease and desist
order for an earth violation who shall not have immediately corrected
such earth violation shall be subject to a civil penalty of $2,500,
such fine being payable to the Tax Collector.
(4)
The Town, the Commission and the enforcement officers shall
have all rights and remedies afforded to such parties under § 8-12
of the Connecticut General Statutes, including, without limitation,
the right to seek costs and attorneys' fees from any violation party.
The Commission and the enforcement officers are empowered to forbear
in the exercise of any of the rights and remedies afforded under § 8-12
of the Connecticut General Statutes, provided that such forbearance
shall be solely an accommodation to a violation party, and such violation
party shall not be permitted to rely on or assert as a defense such
forbearance. In any instance whereby an enforcement officer shall
exercise such right of forbearance hereunder, the ZEO or such enforcement
officer shall include a report of such forbearance at the next occurring
meeting of the Commission.
D.
Municipal penalties.
(1)
Each violation party may be subject to a municipal fine. Such
municipal fine shall be levied against any such violation party and
shall accrue for each day after an enforcement officer is deemed to
have given a municipal citation until such violation has been cured
to the satisfaction of the ZEO and/or the Commission. The amount of
such fine and such daily accrual shall be equal to the amount established
by the Board of Selectmen from time to time pursuant to the Citation
Ordinance.[1] The enforcement officers are hereby empowered to issue
municipal citations to any violation party, provided no municipal
citation shall be given to any violation party unless and until: a)
a cease and desist order has been given; b) either the minimum period
to appeal such cease and desist order as provided in this chapter
has lapsed without appeal being made, or such violation party has
made timely appeal to the Zoning Board of Appeals, which appeal was
subsequently denied by said Zoning Board of Appeals; and c) the Commission
has given its authorization for such enforcement officer to give such
municipal citation. Notwithstanding the foregoing, any enforcement
officer may give a municipal citation contemporaneously with the giving
of a cease and desist order for any significant violation, and the
Commission's authorization shall be deemed automatically given therefor.
(2)
The Commission is hereby empowered to forbear in the exercise of any of the rights and remedies afforded under § 8-12a of the Connecticut General Statutes and Subsection D(1) hereof, provided that such forbearance shall be solely an accommodation to a violation party, and such violation party shall not be permitted to rely on or assert as a defense such forbearance once a municipal citation has been issued.
E.
Remedies cumulative. All rights and remedies of the Commission and/or
the enforcement officers under this chapter, under the Connecticut
General Statutes, or otherwise, shall be cumulative, and the exercise
or partial exercise of any such right or remedy shall not preclude
the exercise of any other right or remedy.
No building or sign shall be erected, moved, added to, or strictly
altered without a permit issued by the Building Inspector and ZEO.
No zoning permit shall be issued except in conformity with the provisions
of this chapter or after written approval from the ZBA or a written
order from a court of appropriate jurisdiction is received.
A.
All applications for zoning permits shall be accompanied by four
copies of a plot plan submitted to the ZEO for consideration and determination
as to whether or not a building or site conforms to the provisions
of this chapter. In addition to the requirements of the Health or
Building Department and except where the ZEO determines otherwise,
the plot plan shall include the following information:
(1)
The name and address of the record owner of the site;
(2)
A statement describing the proposed use of the site;
(3)
A general location map at one inch equals 800 feet, showing
the location of the subject site;
(4)
Title of the project, names of the individual who prepared the
plan, date, North arrow, scale, date and a class A-2 survey prepared
by a licensed land surveyor registered in the State of Connecticut:
(a)
The boundaries and dimensions of the site including the location
of all pins and monuments;
(b)
The location of the existing street line;
(c)
The location and dimensions of all existing and proposed buildings
and structures;
(d)
The location of all wetlands and watercourses;
(e)
The location and dimensions of all easements;
(f)
The location of the proposed and existing wells;
(g)
The proposed location and design of subsurface sewage disposal
systems, (prepared by a professional engineer licensed in the State
of Connecticut;
(h)
The location of the proposed driveway;
(i)
The proposed and existing contours of the site at two-foot intervals;
(j)
The minimum required yard building lines;
(k)
Test pit and percolation test locations, data and the dates
when the tests were performed;
(l)
Location of all existing and proposed footing and/or curtain
drains, sizes, type and proposed footing and/or curtain drains, sizes,
type and proposed outlet elevations;
(m)
Project bench mark locations with description and elevation;
(n)
An erosion and sediment control plan;
(o)
Tabulations of total gross acreage of the site and the percentage
thereof proposed to be devoted to the lot coverage of the buildings
and structures;
(p)
Tabulations of the zoning designation of the site, the minimum
front, side and rear yards, building height proposed and permitted;
(q)
Such additional data, maps, plans, surveys or statements as
may be required for the particular use or activity, including existing
or proposed uses of the building and land; number of families, housekeeping
units or rental units the building is designed to accommodate; conditions
existing on the lot; and such other matters as may be necessary to
determine conformance with and provide for the enforcement of this
chapter.
B.
One copy of the plan shall be returned to the applicant by the Building
Official after he and the ZEO shall have marked such copy with their
signatures either as approved or disapproved.
A.
If the work described in any zoning permit has not substantially
begun within six months from date of issuance thereof, said permit
may expire; it shall be cancelled by the ZEO, and written notice thereof
shall be given to the person affected.
B.
If the work described in any zoning permit has not been substantially
completed within two years from date of issuance thereof, said permit
may expire, and notice shall be given to the persons affected, together
with the notice that further work as described in the cancelled permit
shall not proceed unless and until a new zoning permit has been obtained.
A.
No land shall be occupied or used, and no building hereafter erected
or moved shall be occupied or used, in whole or in part, for any purpose
until a certificate of occupancy or certificate of compliance has
been issued by the Building Inspector and signed by the ZEO, stating
that the use of the land or buildings complies with all provisions
of this chapter. Such a certificate may be applied for at the same
time as the zoning permit or thereafter and, if approved, shall be
issued within 10 days after notification by the permittee that the
land or building is ready for occupancy. This chapter shall not affect
the moving of a portable building within the boundaries of a lot on
which it is situated.
B.
The following as-built certified plot plan prepared by a land surveyor
licensed in the State of Connecticut shall be submitted, indicating:
Zoning permits issued on the basis of plans and applications
approved by the ZEO and Building Inspector authorize only the use,
arrangement and construction set forth in such approved plans and
applications and no other use, arrangement or construction. Use, arrangement
or construction at variance with that authorized may be deemed a violation
of this chapter, punishable in accordance with the General Statutes
of the State of Connecticut, as amended.
All decisions, requirements or orders issued by the ZEO shall
be final, provided that any person or persons aggrieved by said decision
may, within 30 days of said decision or order, file an appeal on a
form as provided for by the Commission with the ZBA for relief. Upon
receipt of an appeal, the ZBA shall hold a duly noticed public hearing
and thereafter may reverse or affirm, wholly or partly, or may modify
any order, requirement or decision of the ZEO.
