[Ord. No. 06-03, § 1, 11-20-2006]
The Town hereby adopts the hearing procedures set forth in Connecticut
General Statutes Section 7-152c for citations.
[Ord. No. 06-03, § 2, 11-20-2006]
The Town Manager shall appoint one or more hearing officers
other than police officers, employees, or persons who issue citations.
[Ord. No. 06-03, § 3, 11-20-2006]
The Town Manager, or his designee, 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 Connecticut General Statutes Sections 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.
[Ord. No. 06-03, § 4, 11-20-2006]
If the person who is sent notice pursuant to this article 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 Town, city or borough. 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 Section 2-62 shall be deemed to have admitted liability, and the Town Manager, or his designee, 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 the applicable ordinances and shall follow the procedures set forth herein.
[Ord. No. 06-03, § 5, 11-20-2006]
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 a police officer or other issuing
officer shall be filed and retained by the Town, city or borough,
be deemed to be a business record within the scope of Connecticut
General Statutes Section 52-180 and be evidence of the facts contained
therein. The presence of the police officer or issuing officer 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 Town official, other than the
hearing officer, may present evidence on behalf of the Town. 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 reports, Department of Motor
Vehicles documents 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 Town.
[Ord. No. 06-03, § 6, 11-20-2006]
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 municipality. 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.
[Ord. No. 06-03, § 7, 11-20-2006]
A person against whom an assessment has been entered pursuant
to this section 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 a small
claims case pursuant to Connecticut General Statutes Section 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.
[Ord. No. 06-03, § 8, 11-20-2006]
Nothing herein shall prevent the Town, its officers, agents,
and employees from utilizing the provisions of this article in combination
with any other remedies available for the enforcement of statutes,
ordinances, or regulations or to use these other remedies whether
in law or in equity or both, as may be available in lieu of the foregoing.
[Ord. No. 06-03, § 9, 11-20-2006]
In construing the ordinance, feminine or neuter pronouns shall
be substituted for those of the masculine form and vice versa, and
the plural for the singular and the singular for the plural where
the context may require.
