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21-01]
The Town of Windsor adopts the provisions of Connecticut General
Statutes § 8-12a, as it may be amended from time to time,
for the purpose of establishing penalties for violations of the Zoning
Regulations of the Town of Windsor.
[3-15-2021 by Ord. No.
21-01]
(a) The Town Manager of the Town of Windsor, or his designee, shall issue
a written notice to any person who violates any provision of the Zoning
Regulations of the Town of Windsor. No written notice may be issued
against the state or any state official or employee acting within
the scope of his employment. Such written notice shall explain the
nature of the violation and the steps required for compliance and
shall allow a seventy-two-hour period within which to correct the
violation or within which a written plan for correction shall be submitted
to the Town Manager of the Town of Windsor, or his designee, setting
forth a reasonable time period for correction of the violation as
agreed upon by the Town Manager, or his designee. A written notice
issued pursuant to this subsection shall be served:
(1)
By hand-delivery, at which time the seventy-two-hour period
shall begin; or
(2)
By certified mail, return receipt requested, and by regular
first-class mail. Three business days shall be allowed for mail delivery
of the notice prior to the commencement of the seventy-two-hour period.
(b) Within two business days after the period for correction established in Subsection
(a) expires, the Town Manager or his designee shall reinspect the subject property to determine compliance.
(c) If the violations set forth in the written notice have not been corrected
at the time of reinspection, the Town Manager, or such person as authorized
by the Town Manager, in his capacity as chief executive officer, shall
issue a citation and fine for each violation by hand, by certified
mail, return receipt requested, by leaving a true and attested copy
of the citation at the usual place of abode or residence of the person
in violation, or, in the case of a corporate or business entity, by
delivery to the business address or the address of the statutory agent
of said entity. No such fine shall be levied against the state or
any state official or state employee acting within the scope of his
employment. All citations issued pursuant to this section shall state
the violation for which the citation is being issued, the fine imposed
for the violation, the time period within which the fine must be paid,
and an address for remittance of the fine. The Windsor Town Council
shall periodically update the schedule of fines for violations by
way of amendment to this article. The current fine for each violation
shall be $150.
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21-01]
(a) Any violation for which a citation is issued and which is not corrected within the time period specified in Section
14-49 shall be a new violation of the Zoning Regulations of the Town of Windsor, and every twenty-four-hour period thereafter in which the violation is not corrected shall constitute a new violation. For repeated violations of the same provision of the Zoning Regulations by the same person, the Town Manager or the person authorized by the Town Manager to issue citations shall not be required to provide the violator with another written notice or correction period and may immediately issue the citations and fines permitted by this article.
(b) The Town Manager of the Town of Windsor, or his designee, shall not
be responsible for a daily reinspection. Rather the person to whom
the citation has been issued shall be responsible for reporting subsequent
compliance by way of written report to the Town Manager of the Town
of Windsor, or his designee. The Town Manager of the Town of Windsor,
or his designee, shall reinspect to confirm compliance within one
business day of receipt of such report.
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(a) All fines imposed under this article which are uncontested shall
be made payable to the Town of Windsor and shall be received by the
Town Manager, or his designee, within 10 business days from receipt
of the citation. All fines collected by the Town Manager, or his designee,
shall be directed to the Town Treasurer to be deposited into the Town
of Windsor Open Space Fund.
(b) If no payment is received for any fine imposed under this article within the time allowed for payment, then the Town Manager, or his designee, shall act in accordance with the procedures established in Chapter
2, Article
VI, of the Windsor Code of Ordinances.
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The procedure for admitting liability to a violation under this article and the hearing procedure for any citation issued pursuant to this article shall be in accordance with the provisions set forth in Chapter
2, Article
VI, of the Windsor Code of Ordinances.
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21-01]
(a) The penalties established by this article shall not be exclusive
of any other enforcement remedy which may be imposed by the Town Manager,
or his designee, for violations of the Zoning Regulations of the Town
of Windsor, as authorized by any state statute, Town ordinance, or
the Zoning Regulations of the Town of Windsor or otherwise any other
penalty that may be imposed by any local, state or federal agency.
(b) In construing this article, feminine or neuter pronouns shall be
substituted for those of masculine form and vice versa, and the plural
of the singular and singular of the plural shall be substituted in
any case in which the context may require.