[HISTORY: Adopted by the Town Meeting of the Town of Ashford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-2000]
The Wetlands Agent is authorized to issue citations for violations
of the Inland Wetlands and Watercourses Regulations[1] of the Town of Ashford to the extent and in the manner
provided by this article; such action shall be taken only subsequent
to the issuance of a cease-and-desist order and failure to respond
to such order in a timely manner. 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. If sent by regular mail, the
day of receipt of the citation shall be determined to be three days
after the day of mailing. The Wetlands Agent shall file and retain
an original or certified copy of the citation.
The fines for each such citation shall be no more than $1,000.
The citation shall include the following provisions:
A.
The allegations against him or her and the amount of the fines;
B.
That the person may pay the fine specified in the citation to the
Town within 30 days of the receipt of the citation or service on the
property where the violation occurs;
C.
That the person cited may contest liability before a hearing officer appointed by the First Selectman, as provided in § 154-7 of this article, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing;
D.
That if the person cited does not demand such a hearing, an assessment
and judgment shall be entered against him or her; and
E.
That such a judgment may issue without further notice.
[Amended 6-7-2021]
If the person who is sent notice pursuant to § 154-3 of this article 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 Wetlands Agent. All fines shall be made payable to the Town of Ashford. 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 § 154-3 of this article shall be deemed to have admitted liability, and the Wetlands Agent 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 article and shall follow procedures set forth in § 154-6 of this article.
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 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 Wetlands Agent shall
be required at the hearing if requested by the person who was issued
the citation; such request must be included within the appeal. A person
wishing to contest liability shall appear at the hearing and may present
evidence in his or her behalf and may be represented by agent or attorney.
The Wetlands Agent 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 Inland Wetlands and Watercourses 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 the citation.
If 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 than 30 days nor
more than 12 months after such mailing, a certified copy of the notice
of assessment with the Clerk of the Windham County Superior Court,
together with an entry fee of $8. Further proceedings may then be
held pursuant to Connecticut General Statutes § 7-152c(f)
as amended from time to time.
[Amended 6-7-2021]
The First Selectman shall appoint three citation hearing officers
to conduct the hearings provided by this article. Neither the Wetlands
Agent nor the Zoning Enforcement Officer, nor members of the Ashford
Inland Wetlands and Watercourses Commission, may be appointed as a
hearing officer pursuant to this article.
