[HISTORY: Adopted by the Common Council of the City of Norwalk 2-10-2015. Amendments
noted where applicable.]
A.
The intent of zoning enforcement is to protect the public health,
safety and welfare of the City and to provide for compliance with
the zoning regulations. There are standard policies for all zoning
enforcement procedures conducted by the Planning and Zoning Department
and such policies are available to the public in that Department.
B.
The purpose of this chapter is to encourage compliance with the zoning
regulations of the City and to establish a means by which the City
may more effectively enforce its zoning regulations by implementing
fines for violations.
This chapter is adopted pursuant to C.G.S. §§ 8-12a
and 7-152c, as the same may be amended. Pursuant to C.G.S. § 8-12a,
the Zoning Official is hereby authorized to issue citations for any
violation of the zoning regulations of the City to the extent and
in the manner provided herein.
The following terms shall have the meanings indicated:
Any activity, condition or event that does not conform to
the zoning regulations.
Any Zoning Inspector or Deputy Zoning Inspector, or any other
person designated by the City to enforce the zoning regulations.
Building Zone Regulations of the City of Norwalk as found in Chapter 118 of the Norwalk City Code.
Upon the determination by the Zoning Official that a violation
exists, the Zoning Official is authorized to issue citations as follows:
A.
Notification of violation. The Zoning Official shall provide written notice to any person who violates the zoning regulations. The notice(s) of violation shall state the violation(s), what is required to remedy the violation(s), and the date(s) by which said violation(s) shall be remedied. Upon the failure of the person(s) to remedy the violation(s) or to commence corrective action to the satisfaction of the Zoning Official within the time specified in the notice, the Zoning Official shall issue a citation as provided for in Subsection B hereof. This Subsection A shall not apply to those persons who have received a notice of violation or citation within the previous twenty-four-month period for the same violation(s). Repeat offenders shall be issued a citation without first receiving a notice of violation.
B.
Citation issuance. The Zoning Official shall issue a citation when
a violation(s) persists beyond the date by which the Zoning Official
required that the violation(s) be remedied or beyond the date that
corrective action be commenced or, in the event a person has received
a notice of violation or citation within the previous twenty-four-month
period for the same violation(s). The citation shall state:
(1)
A description of the violation(s).
(2)
The initial fine(s) of $150 plus such other penalties, costs and/or
fees due for each violation.
(3)
That after five days from the date of the citation, each day thereafter
that the violation(s) exists shall constitute a separate violation(s)
and shall be subject to an additional fine of $150 per day.
(4)
That the uncontested payment of such fine(s), penalties, costs and/or
fees shall be made within 10 days of the date of the citation.
(5)
That such person(s) may contest his/her liability before a citation
hearing officer by delivering in person or by mail a written demand
for a hearing within 10 days of the date of receipt or publication
of the citation.
(6)
That if he/she does not demand such a hearing, an assessment and
judgment shall be entered against him/her and that such judgment may
issue without further notice.
C.
Any notice of violation or citation issued hereunder shall be sent
to the person(s) named in the citation by certified mail, return receipt
requested.
A.
The fine for each citation shall be $150 or the maximum amount allowed
by C.G.S. § 8-12a, as amended, whichever is greater, and
shall be payable to the City of Norwalk.
B.
Each occurrence of a violation, and each day following the fifth
day after the citation that such violation continues, shall constitute
a separate violation and shall be subject to a separate fine.
C.
The person(s) to whom a citation has been issued shall be responsible
for reporting, in writing, subsequent compliance to the Zoning Official.
Until such time, the fine(s) shall continue to be imposed on a daily
basis.
Any person(s) receiving a citation shall be allowed a period
of 10 days from the date of the citation to make an uncontested payment
of the fine(s), penalties, costs and/or fees due at that time. All
amounts shall be made payable to the City of Norwalk.
A.
If the person(s) who has been issued a citation pursuant to this
chapter wishes to admit liability for any alleged violation(s), the
person(s) may, without requesting a hearing, pay the full amount of
the fine(s), penalties, costs and/or fees admitted to the Planning
and Zoning Office. Such payment shall be inadmissible in any proceeding,
civil or criminal, to establish the conduct of such person(s) or other
person making the payment.
B.
Any person(s) who does not deliver or mail written demand for a hearing within 10 days of the date of the citation, shall be deemed to have admitted liability, and the Zoning Official shall certify to the hearing officer that such person(s) has failed to respond. The hearing officer shall thereupon enter and assess the fine(s), penalties, costs and/or fees provided for by this chapter and shall follow the procedures set forth in § 117-8.
A.
If a hearing is requested, it shall be conducted in accordance with
C.G.S. § 7-152(c), as may be amended from time to time.
B.
The Mayor shall appoint one or more citation hearing officers which
are electors of the City of Norwalk, other than employees of the City,
persons who issue zoning citations, anyone on any City board, commission
or agency, Common Council members, or anyone currently holding a politically
appointed position.
No action taken pursuant to this chapter shall preclude the
City from pursuing any other enforcement remedy which may be imposed
by the Zoning Officer for a violation as authorized by any state statute,
ordinance or zoning regulation.
