[HISTORY: Adopted by the Town Meeting of the Town of Lyme
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-26-2007 by Ord. No. 2007-2]
The purpose of this article is to establish a means by which
the Town of Lyme may more effectively enforce the Inland Wetlands
and Watercourses Regulations of the Town of Lyme with implementation
of fines for violations and continued nonconformance.
This article, pursuant to Connecticut General Statutes § 22a-42g,
was adopted at Lyme Town Meeting on October 26, 2007, effective 15
days after publication in a newspaper having a circulation in the
Town of Lyme.
The following words, terms and phrases used in this article
shall have the following meanings:
The Lyme Conservation Commission, acting as the Inland Wetlands
and Watercourses Agency for the Town of Lyme under § 22a-42g
of the Connecticut General Statutes.[1]
[Amended 12-10-2019 by Ord. No. 2019-4]
The employee of the Town of Lyme responsible for the supervision
and oversight of the Inland Wetlands and Watercourses Regulations
and who implements the policies of the Lyme Conservation Commission.
[Amended 12-10-2019 by Ord. No. 2019-4]
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, government agencies or subdivisions thereof.
The Inland Wetlands and Watercourses Regulations of the Town
of Lyme.[2]
Such site work as is necessary to restore the location of
the wetlands violation to a safe, stable, functioning condition.
A.
The Inland Wetlands Agent is hereby authorized to issue citations
to any person who commits a violation of the Town's Inland Wetlands
and Watercourses Regulations. In such instances, each citation will
apply jointly and severally to the person who owns the property and
such person's employees, agents, contractors and subcontractors. Each
day that any violation continues shall be deemed a separate offense,
for which a separate citation may be issued.
[Amended 12-10-2019 by Ord. No. 2019-4]
B.
Any such citations may be delivered, either by hand delivery or by
certified mail, to the person named in such citation. The Agent issuing
the citation shall retain a copy of the citation. In addition, a copy
of the initial citation shall be reported to the Connecticut Department
of Energy and Environmental Protection pursuant to § 22a-39-14
of the Connecticut State Regulations.
C.
Prior to issuing a citation, the agent shall issue a written warning
informing the person of the following:
(1)
The allegation(s) against the person, the necessary remediation to
restore the site of the violation to a safe, stable and functioning
condition and that the violation could result in the issuance of a
citation requiring the payment of fines, penalties, fees and costs.
(2)
That failure to immediately cease the violation and initiate the
necessary remediation will result in the issuance of a citation requiring
the payment of fines, penalties, fees and costs.
D.
The citation shall inform such person of the following:
(1)
The allegations against the person and the amount of fines and/or
necessary remediation;
(2)
That the person has a period of 30 calendar days from the date of
the citation (i.e., the date of hand delivery or the date the citation
was mailed) to make an uncontested payment of the fine;
(3)
That payment shall be made payable to the Treasurer of the Town of
Lyme at the Lyme Town Hall;
(4)
Such specific remediation measures as are necessary to restore the
site of the violation to a safe, stable and functioning condition;
and
(5)
That the person has a period of 30 calendar days from the date of
the citation to complete such specific remediation.
If the person cited does not pay the fine and complete necessary
remediation work as specified in the citation within 30 days from
the date of the citation, then at any time within 12 months from the
expiration of the thirty-day period the Agent shall send a notice
to the person cited, by hand delivery or certified mail, informing
such person of the following:
A.
Of the allegations against the person and the amount of the fines
and remediation work to be performed;
B.
That the person cited may contest liability before a hearing officer
by delivering, in person or by mail, within 10 days of the date of
notice, a written request for a hearing pursuant to the citation hearing
procedure;
[Amended 12-10-2019 by Ord. No. 2019-4]
C.
That if the person cited does not request such hearing, an assessment
and judgment shall be rendered against the person; and
D.
That such judgment may issue without further notice.
A.
The fine shall be $1,000 per citation for activities in the wetlands
or watercourses and $500 per citation for activities within regulated
areas or buffer/setback areas that otherwise impact wetlands or watercourses.
No such fine may be levied against the State of Connecticut or any
employee of the state acting within the scope of his/her employment.
B.
At its discretion, the Conservation Commission may seek additional
penalties and remedies in accordance with the Lyme Inland Wetlands
and Watercourses Regulations.
[Amended 12-10-2019 by Ord. No. 2019-4]
[Amended 12-10-2019 by Ord. No. 2019-4]
The provisions of this article shall not be construed to limit
or alter the authority, duty and responsibility of the Lyme Conservation
Commission as granted and established under Connecticut's Inland Wetlands
and Watercourses Act, §§ 22a-36 through 22a-45 of the
Connecticut General Statutes, Lyme's Inland Wetlands and Watercourses
Regulations, and other legislation that may apply.
Violations or nonconformance of and with the Lyme Inland Wetlands
and Watercourses Regulations in existence at the effective date of
this article shall be deemed violations under this article and fines
may be issued accordingly.
Any fines collected by the Town of Lyme pursuant to this article
shall be deposited in the general fund of the Town of Lyme.
A.
Statutory authority and purpose. In accordance with § 7-152c
of the Connecticut General Statutes, as the same may be amended from
time to time, there is hereby established a citation hearing procedure
for use in contesting citations issued in accordance with this article.
B.
Appointment of hearing officer. The First Selectman shall appoint
one or more citation hearing officers, other than police officers
or Town of Lyme employees or persons who issue citations, to conduct
the hearing authorized by this article.
C.
Admission of liability by payment of fine.
(1)
If any person who is sent notice pursuant to a Town ordinance wishes
to admit liability for an alleged violation, the person may, without
requesting a hearing, pay the full amount of the fine admitted to,
in person or by mail to the Town of Lyme. Checks shall be made payable
to the Treasurer of the Town of Lyme.
(2)
Such payment is inadmissible in any proceeding, civil or criminal,
to establish the conduct of such person or other person making the
payment.
D.
Failure to request a hearing. Any person who does not deliver or mail a written request for a hearing within 10 days of the notice provided for in § 173-5 of this article shall be deemed to have admitted liability, and the person issuing the citation shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fine(s) provided for by the subject ordinance and shall follow the procedures set forth in this article.
[Amended 12-10-2019 by Ord. No. 2019-4]
E.
Notice of hearing. Any person who requests a hearing shall be given
written notice by certified mail of the date, time and place for the
hearing. Such hearing shall be held not less that 15 days nor more
that 30 days from the date of the mailing notice, provided that the
hearing officer shall grant postponement or continuance for any reasonable
request by any interested party for good cause shown.
F.
Filing of initial citation. Any original or certified copy of the
initial citation issued by the Agent shall be filed and retained by
the Town of Lyme and shall be deemed a business record and evidence
of the facts contained therein.
G.
Conduct of hearing.
(1)
The presence of the issuing official shall be required at the hearing.
A person wishing to contest the person's liability shall appear at
the hearing and may present evidence in the person's behalf.
(2)
A designated municipal official, other than the hearing officer,
may present evidence on behalf of the municipality.
(3)
If the person requesting a hearing fails to appear, the hearing officer
may enter an assessment by default against the person upon finding
of proper notice and liability under this article.
(4)
The hearing officer may accept from such person copies of investigation
and citation reports and other official documents by mail and may
determine that the appearance of such person is not necessary.
(5)
The hearing officer shall conduct the hearing in the order and form
and with such methods of proof as the hearing officer 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.
(6)
The hearing officer shall announce a decision at the end of the hearing.
If the hearing officer determines that the person 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 is liable for the violation, the hearing officer shall forthwith
enter and assess the fines and penalties including the cost of remediation
against such person as provided by this article.
H.
Notice of assessment. If any such assessment is not paid on 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
that 30 days nor more than 12 months after such mailing, a certified
copy of the notice of assessment with the Clerk of the Superior Court
facility designated by the Chief Court Administrator, together with
the statutory entry fee. Within such twelve-month period, assessments
against the same person may be accrued and filed as one record of
assessment. Notwithstanding any other provisions of the Connecticut
General Statutes, the hearing 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 be assessed without further notice to such person.
I.
Appeals. A person against whom an assessment has been entered pursuant
to this article is entitled to a judicial review by way of appeal.
An appeal shall be instituted within 30 days of the mailing 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 § 52-259,
in the Superior Court 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.
J.
Nothing in this article shall be construed as limiting the authority
of the Lyme Conservation Commission to enforce its regulations as
provided in the Connecticut General Statutes.
[Amended 12-10-2019 by Ord. No. 2019-4]
