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.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
CITATION HEARING BOARD
The Board of Selectmen shall constitute the Citation Hearing
Board and shall conduct hearings pursuant to the rules set forth in
this chapter and issue decisions in connection with citations for
violation of any municipal ordinance. The Citation Hearing Board is
hereafter referred to as the "Board."
CITED PERSON
The person, individual or business to whom or to which a
notice of violation was issued by an official and whose act or conduct
is the subject of a hearing pursuant to this chapter.
NOTICE
Any notice required by this chapter shall be given and is
sufficient if provided in one of the following forms:
A.
In-hand delivery by an agent designed by the Board of Selectmen.
B.
Certified mail, return receipt requested, addressed to the person
cited at his last known address on file with the Tax Collector.
C.
Delivery by any commercial carrier and delivery service such
as Fed Ex or UPS.
D.
A commercial process server, state marshal, police officer or
constable.
OFFICIAL
The municipal official charged with enforcing a municipal
ordinance or regulation who issued the notice of violation or citation
subject to a hearing pursuant to this chapter.
ORDINANCE
Any ordinance, rule, regulation or policy adopted by the
Town of Ellington or any of its boards, commissions or agencies proscribing
specified actions or activities and which ordinance or rule, regulation
or policy imposes a penalty or fine or requires specified action by
the party charged.
If any provision of this chapter or the application thereof
shall be held invalid or unenforceable, the remainder of this chapter,
or the application of such terms and provisions to persons or circumstances
other than those to which it is held invalid or unenforceable, shall
not be affected thereby, and each remaining term and provision hereof
shall be deemed valid and shall be enforced to the fullest extent
permitted by law.
The provisions of this chapter shall be in addition to and not
in derogation of any and all provisions of the Connecticut General
Statutes and ordinances of the Town of Ellington.