[HISTORY: Adopted by the Town Council of the Town of Tolland 2-11-1997 by Ord. No. 56.[1] Amendments noted where applicable.
A.
The Zoning Enforcement Officer is authorized to issue citations for
violations of the Zoning Regulations of the Town of Tolland to the
extent and in the manner provided by this chapter. Any such citation
may be served either by hand delivery or by certified mail, return
receipt requested, to a person named in such citation. If the person
named in a citation sent by certified mail refuses to accept such
mail, the citation may be sent by regular United States mail. The
Zoning Enforcement Officer shall file and retain an original or certified
copy of the citation.
[Amended 7-9-2001]
B.
Citations may be issued for those types of zoning violations specified
in 171-2 of this chapter.
The fine for each such citation shall be in accordance with
the following schedule:
|
Nature of Violation
|
Amount of Fine
|
|---|---|
|
Construction of any building without a zoning permit
|
$150
|
|
Alteration of any building without a zoning permit
|
$100
|
|
Conducting an unauthorized use
|
$150
|
|
Illegal sign
|
$100
|
|
Building beyond foundation without foundation as-built or erosion
control approval
|
$150
|
[Amended 7-9-2001]
Any person receiving such a citation shall be allowed a period of 30 days from his or her receipt of the citation to make an uncontested payment of the fine specified in the citation to the Town of Tolland. If the citation has been sent by regular mail pursuant to the provisions of § 171-1A of this chapter, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
If a person who has been issued a citation does not make uncontested
payment of the fine specified in the citation to the Town within the
time allowed under § 171-13 of this chapter, at any time
within 12 months from the expiration of the final period for the uncontested
payment of the fine, the Zoning Enforcement Officer shall send a notice
to the person cited, informing such person:
A.
Of the allegations against him or her and the amount of the fines.
B.
That the person cited may contest liability before a Hearing Officer appointed by the Town Manager, as provided in § 171-8 of this chapter, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing.
C.
That if the person cited does not demand such a hearing, an assessment
and judgment shall be entered against him or her.
D.
That such a judgment may issue without further notice.
If the person who is sent notice pursuant to § 171-4 of this chapter wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the Zoning Enforcement Officer. All fines shall be made payable to the Town of Tolland. 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 notice described in § 171-4 of this chapter shall be deemed to have admitted liability, and the Zoning Enforcement Officer shall certify to the Hearing Officer that such person has failed to respond. The Hearing Officer shall thereupon enter and assess the fines provided for by this chapter and shall follow procedures set forth in § 171-6 of this chapter.
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 no less than 15 days nor more than 30 days from the date of the
mailing of the notice, provided that the Hearing Officer shall grant
upon good cause shown any reasonable request by any interested party
for postponement or continuance. The presence of the Zoning Enforcement
Officer shall be required at the hearing if requested by the person
who was issued the citation. A person wishing to contest liability
shall appear at the hearing and may present evidence on his or her
behalf The Zoning Enforcement Officer may present evidence on behalf
of the municipality. If the person who received the citation fails
to appear, the Hearing Officer may enter an assessment by default
against him or her upon finding of proper notice and liability under
the applicable provisions of the Zoning Regulations. The Hearing Officer
may accept written information by mail from the person who received
the citation 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 or she
deems fair and appropriate. The rules regarding admissibility of evidence
shall not be strictly applied, but all testimony shall be given under
oath or affirmation. The Hearing Officer shall announce his or her
decision at the end of the hearing. If the Hearing Officer determines
that the person who received the citation is not liable, the Hearing
Officer shall dismiss the matter and enter that determination in writing
accordingly. If the Hearing Officer determines that the person who
received the citation is liable for the violation, the Hearing Officer
shall forthwith enter and assess the fines against such person as
provided by this chapter.
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 the Rockville Superior Court, together
with an entry fee of $8. Further proceedings may then be held pursuant
to the applicable provisions of the Connecticut General Statutes.
The Town Manager shall appoint one or more citation Hearing
Officers to conduct the hearings provided by this chapter. Neither
the Zoning Enforcement Officer nor any employee of the Town of Tolland
may be appointed as a Hearing Officer pursuant to this chapter.
