To ensure that all Town roads, streets and highways will be restored
to their former condition, in proper and orderly fashion, immediately
following any excavation therein:
To protect the Town of Newtown against expenses which might be incurred
in such restoration in the event of failure or improper performance
of such restoration; and
Before making any opening, aperture, or excavation for any purpose
in any Town road, street or highway, the person making such excavation
shall obtain a permit therefor from the First Selectman. The form
of application for the permit and the permit shall be in such style
as the First Selectman or his designee shall designate. A fee, as
may be established from time to time by the Board of Selectmen, shall
be paid to the Town of Newtown for each permit issued hereunder.
Before any such permit may be issued by the First Selectman, the
person making such excavation shall file with said First Selectman
a bond, consisting of either a certified check or a letter of credit.
Said letter of credit shall be in a form satisfactory to the Town
Attorney, issued by a recognized financial institution authorized
to do business in the State of Connecticut. The amount of the guarantee
will be equal to 100% of the cost of the work to be performed and
shall secure to the Town of Newtown the actual cost of the work to
be performed necessary to restore the subject road, street or highway
to a condition the equivalent of that prior to any such excavation;
provided, however, that no bond shall be accepted in an amount less
than $500. The cost of the excavation work shall be estimated by the
professional engineer of the applicant for a road excavation permit.
Estimates shall be prepared in detail for all phases of the work,
and where there is a difference between the professional opinions
of the engineer of the applicant and the Town Engineer as to the cost
estimate, the opinion of the Town Engineer shall prevail. Said bond
shall continue to be held by the Town of Newtown for a period of six
months following the restoration of any such road, street or highway,
during which time all or any part of said bond shall be paid over
to the Town of Newtown in the event that said restoration be not properly
and completely performed; provided, however, that no greater amount
shall be paid over than as necessary for such Town to expend for such
restoration. For the purpose of this section, the aforesaid six-month
period shall begin to run upon notification in writing to the First
Selectman of completed restoration.
Before any such permit may be issued by the First Selectman, the
applicant shall also provide the First Selectman with a certificate
of insurance showing minimum liability coverage of $500,000; provided,
however, that the above requirements shall be waived for public utility
companies who have filed with the Secretary of State a certificate
of solvency. The Town shall be named as a co-insured on the certificate
of insurance.
Whenever any person shall make any excavation in any Town road, street,
or highway, such person shall erect such signs, signals, guard rails
and other devices which the First Selectman shall deem necessary to
protect the users of such road, street, or highway from the danger
occasioned by the existence of such excavation. During the course
of such excavation, no person shall cause any road to be closed to
traffic without prior permission in writing from the First Selectman.
Whenever any excavation shall be made in any road, street or highway,
the person making such excavation shall, as soon thereafter as practicable,
fill in such excavation and stamp and puddle the earth therein so
that the same shall not settle, restore the portion of the street
so excavated to the condition in which it existed before such excavation
was made, and from time to time for a period of six months thereafter
make such repairs as may be necessary to maintain the portion of the
street so excavated at the level of the roadway. If the excavation
is made in a paved road, street or highway, the person making such
excavation shall, after filling in such excavation as hereinbefore
provided to a point within six inches of the surface of the street,
fill in the remaining portion thereof with such paving materials as
shall result in a paved surface for such excavation of the same quality
and type as theretofore existed, and shall from time to time thereafter
make such repairs as may be necessary to maintain the portion of the
street so excavated at the level of the roadway for a period of six
months. If any such excavation shall not be so repaired and maintained
in repair, it shall be the duty of the First Selectman to cause such
repairs to be made and to charge the expense thereof against the person
making such excavation, which expense shall be collected from the
bond posted and filed as aforesaid.
This article shall be enforced by the First Selectman or his agent.
Any person violating any provision of this article shall be fined
$100 for each day that such violation shall continue.
The imposition of a fine shall not be a bar to the enforcement of
such other legal or equitable remedies as might exist to enforce compliance
with this article.
Notwithstanding any language above to the contrary, the maximum fine
for each violation under this article shall be $90 or the amount set
forth above, whichever is less. Each violation subject to a fine shall
be considered an infraction which, in the discretion of the issuing
violation, may be enforceable by citation. The fine(s) imposed shall
be payable to the Town of Newtown. Any individual fined for a violation
of this article may appeal that fine to the Town Hearing Officer following
the procedures set forth in the ordinance authorizing said officer
and herein setting forth the appeals process.
The First Selectman, with the approval of the Board of Selectmen, shall appoint one citation hearing officer, other than police officers or employees or persons who issue citations, to conduct the hearing authorized by § 185-91.
Newtown, 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 C.G.S. § 7-148 or 22a-226d, for an alleged violation
thereof, shall send notice to the person cited. Such notice shall
inform the person cited:
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;
If the person who is sent notice pursuant to Subsection A of this section 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 such municipality. 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 Subsection A of this section shall be deemed to have admitted liability, and the designated municipal official 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 in Subsection D of this section.
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 the issuing official or policeman shall be
filed and retained by the municipality, and shall be deemed to be
a business record within the scope of C.G.S. § 52-180 and
evidence of the facts contained therein. The presence of the issuing
official or policeman 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 on behalf of the municipality.
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, investigatory and
citation reports, 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 municipality.
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.
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
any entry fee in an amount equal to the entry fee for a small claims
case pursuant to C.G.S. § 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.