[HISTORY: Adopted by the Town of Somers as indicated in article
histories. Amendments noted where applicable.]
[Adopted 3-15-2018 by
the Board of Selectmen, effective 4-5-2018]
It is hereby found and declared that it is desirable to establish
penalties for violations of the Zoning Regulations of the Town of
Somers pursuant to Connecticut General Statutes (C.G.S.) § 8-12a.
As used in this article, the following terms shall have the
meanings indicated:
A written statement of the relevant conditions and facts
giving rise to the zoning or ordinance violation, including a reference
to the specific ordinance or section(s) of the Zoning Regulations
which has been violated, the time period during which the violation
has existed, the potential fine and the cited person's right
to appeal.
The Citation Hearing Officer, appointed by the Board of Selectmen,
authorized to conduct hearings and issue decisions in connection with
citations for violation of any municipal ordinance or regulation.
The Zoning Enforcement Officer, or municipal official charged
with enforcing a municipal ordinance or regulation or who issued the
notice of violation or citation.
Pursuant to Connecticut General Statutes (C.G.S.) § 8-12a,
as may be amended, and in addition to the remedies provided in C.G.S.
§ 8-12, an official, as defined herein, is hereby authorized
to issue citations for violations of the Zoning Regulations of the
Town of Somers. The fine for each violation shall be $150 for each
day a violation continues.
A.
If any person is found to be in violation of the Zoning Regulations
of the Town of Somers, after proper notice of violation has been issued,
failure to remedy such violation shall result in the issuance of a
citation.
B.
Any citation issued under this article shall be and is sufficient
if provided in one of the following forms, unless otherwise stated:
(1)
In-hand delivery by an agent designated by the Board of Selectmen.
(2)
Certified mail, return receipt requested, addressed to the person
cited at his last known address.
(3)
Delivery by any commercial carrier or delivery service such as FedEx
or UPS.
(4)
A State Marshal, police officer or Constable.
C.
When a citation is refused by any of the above methods, it may be
sent by first-class mail. The official issuing the citation shall
retain a true and attested duplicate original of such citation.
A.
The provisions of Article II of this chapter as to the time within which an appeal may be filed to the contrary notwithstanding, any person receiving a citation may, within 10 days following service of the citation, file an appeal in writing in the Land Use Office of the Town of Somers, pursuant to the provisions of Article II of this chapter and C.G.S. § 7-152c(d). The failure to file an appeal shall be deemed to have admitted liability for the violation cited.
B.
Any person receiving a citation shall have 30 days from the date
of the citation to make an uncontested payment without requesting
a hearing. If the person cited makes an uncontested payment within
the prescribed 30 days and the cited violation has been remedied,
the fine shall be $150 for a zoning violation.
D.
The failure to pay the assessment of any fine(s) made by the citation
hearing officer may result in a Superior Court judgment as provided
by C.G.S. § 7-152c(f), as may be amended, and such person
shall be entitled to judicial review as provided in C.G.S. § 7-152c(g),
as may be amended.
The provisions of this article shall be in addition to and not
in derogation of any and all provisions of the Connecticut General
Statutes and the Code of the Town of Somers.
[Adopted 3-15-2018 by
the Board of Selectmen, effective 4-5-2018]
It is hereby found and declared that it is desirable to adopt
a citation hearing procedure in accordance with and under authority
contained in Connecticut General Statutes § 7-152c in order
to permit a local forum under which citizens may be heard in connection
with citations that may be issued by municipal officials in connection
with any municipal ordinance.
As used in this article, the following terms shall have the
meanings indicated:
A written statement of the relevant conditions and facts
giving rise to the zoning or ordinance violation, including a reference
to the specific ordinance or section(s) of the Zoning Regulations
which has been violated, the time period during which the violation
has existed, the potential fine and the cited person's right
to appeal.
The Citation Hearing Officer, appointed by the Board of Selectmen,
authorized to conduct hearings and issue decisions in connection with
citations for violation of any municipal ordinance or regulation.
Any notice required by this article shall be given and is
sufficient if provided in one of the following forms:
In-hand delivery by an agent designated by the Board of Selectmen.
Certified mail, return receipt requested, addressed to the person
cited at his last known address.
Delivery by any commercial carrier or delivery service such
as FedEx or UPS.
A commercial process server, State Marshal, police officer or
Constable.
The Zoning Enforcement Officer or other municipal official
charged with enforcing a municipal ordinance or regulation or who
issued the notice of violation or citation.
A.
Any person who wishes to appeal a citation may do so in writing on
a form provided by the Town within 10 days of receipt of said citation.
B.
Any person who requests a hearing shall be given written notice as
defined herein 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 mailing of notice.
C.
Any person wishing to contest liability shall appear at the hearing
and may present evidence on his behalf. If the cited 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 presence of the issuing official
or policeman shall be required at the hearing if such person so requests.
D.
Any municipal official may present evidence on behalf of the Town
of Somers.
E.
The Hearing Officer shall conduct the hearing in the order and form
and with such methods of proof as he deems fair and appropriate, and
as otherwise provided in C.G.S. § 7-152c.
F.
All decisions of the Hearing Officer shall be in writing and rendered
no more than 30 days after the close of said hearing.
G.
If the Hearing Officer determines the person is not liable, he shall
dismiss the matter.
H.
If the Hearing Officer 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 of Somers.
I.
If such assessment is not paid by the date of 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 or
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 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 cost of $8 against such person in favor of the Town of Somers.
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.
J.
Any person against whom an assessment has been entered pursuant to
this section is entitled to judicial review by way of appeal to the
Superior Court. An appeal shall be instituted within 30 days of the
mailing of notice of such assessment by filing a petition to reopen
the assessment, with an entry fee of 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.
The provisions of this article shall be in addition to and not
in derogation of any and all provisions of the Connecticut General
Statutes and the Code of the Town of Somers.
