[Adopted 3-11-1996]
A.
No person shall engage in any activity which violates:
(1)
Subsection
(a) of § 22a-250 of the Connecticut General Statutes;
(2)
An
ordinance adopted pursuant to Subsection (f) of § 22a-220
of the Connecticut General Statutes;
(3)
Subsection
(f) of § 22a-220a of the Connecticut General Statutes; or
(4)
Subsection
(i) of § 22a-220a of the Connecticut General Statutes.
The chief elected official of the municipality shall appoint one or more persons as environmental protection officials to issue littering, dumping, and recycling citations and enter orders authorized by this article. The environmental protection officials shall be appointed in the same manner as members of boards and commissions of the municipality. Such officials shall not be persons appointed as hearing officers pursuant to § 273-22.
A.
The environmental protection official may issue citations for any violation of § 273-19 of this article. Such citation shall be on a form as approved by the chief elected official of the municipality.
C.
Any person who engages in an activity which violates Subsection (f) of § 22a-220 of the Connecticut General Statutes, Subsection (i) of § 22a-220a of the Connecticut General Statutes or Subsection (a) of § 22a-250 of the Connecticut General Statutes shall be assessed a civil penalty for the first offense of up to $250 and for a second or subsequent offense a civil penalty of up to $1,000. Any person who engages in an activity which violates Subsection (f) of § 22a-220a of the Connecticut General Statutes shall be assessed a civil penalty of up to $1,000.
[Amended 6-7-2021]
The chief elected official of the municipality shall appoint
one or more persons to conduct littering, dumping, and recycling violations
hearings and enter orders authorized by this article. The hearing
officer shall be appointed in the same manner as members of the municipal
boards and commissions. A hearing officer shall not be authorized
to issue citations or be employed by the municipality.
A.
Any person or persons to whom a citation is mailed or delivered pursuant
to the provisions of this article shall have the right to file an
appeal from any such citation by filing with the Town Clerk, within
10 days from the date of receipt thereof, a written and dated appeal
containing:
(1)
A description, or the address, of the premises or location involved
in the citation.
(2)
The name and mailing address of each person participating in the
appeal.
(3)
A brief statement setting forth the interest of such person in the
premises described in the citation, if any.
(4)
A brief statement identifying the specific ordinance or statute under
which the appeal is being brought, together with any facts supporting
the appeal.
(5)
A statement of the relief sought and any reasons why the citation
should be reversed, modified or set aside.
(6)
A verification by the person or persons participating in the appeal
as to the truth of the matters set forth in the appeal.
B.
The Town Clerk shall notify the chief elected official of the municipality
of the receipt of the appeal. The chief elected official shall appoint
a hearing officer to hear the appeal.
A.
After receipt of any appeal filed pursuant to § 273-23, the hearing official shall provide written notice of the date, time and place of the hearing by causing a copy of such notice to be delivered personally to the appellant or by mailing a copy to the appellant by certified mail, postage prepaid, to the address shown on the appeal. The hearing date shall be not less than 15 days nor more than 30 days from the date of mailing or delivery of such notice, provided that the hearing officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance.
B.
Enforcement of any citation and abatement order of the environmental
protection official shall be stayed during the pendency of a timely
and properly filed appeal.
A.
The rules of evidence for hearings pursuant to this section shall
be as follows:
(1)
Any
oral or documentary evidence may be received, but the hearing officer
shall, as a matter of policy, provide for the exclusion of irrelevant,
immaterial or unduly repetitious evidence;
(2)
The
hearing officer shall give effect to the rules of privilege recognized
by law;
(3)
When
a hearing will be expedited and the interests of the parties will
not be prejudiced substantially, any part of the evidence may be received
in written form;
[Amended 6-7-2021]
(4)
Documentary
evidence may be received in the form of copies or excerpts, if the
original is not readily available, and upon request, parties and the
hearing officer conducting the proceeding shall be given an opportunity
to compare the copy with the original;
(5)
A
party and such hearing officer may conduct cross-examinations required
for a full and true disclosure of the facts;
(6)
Notice
may be taken of judicially cognizable facts and of generally recognized
technical or scientific facts within the hearing officer's specialized
knowledge;
(7)
Parties
shall be notified in a timely manner of any material noticed and they
shall be afforded an opportunity to contest the material so noticed;
and
(8)
The
hearing officer's experience, technical competence, and specialized
knowledge may be used in the evaluation of the evidence. The hearing
officer, by way of mail, may accept from the appellant copies of police
reports, investigatory and citation reports, and other official documents.
B.
Each appellant may be represented by an attorney. The presence of
the environmental protection official shall be required at the hearing
if the appellant so requests. An appellant shall appear at the hearing
and may present evidence on his or her behalf. Any environmental protection
official or any municipal official, other than the hearing officer,
may present evidence on behalf of the Town. If an appellant fails
to appear, the hearing officer may enter an assessment and order by
default.
C.
The hearing officer shall render a written decision within 10 business
days of the completion of the hearing and file such decision with
the Town Clerk. The decision of the hearing officer shall be final
and shall be served upon the appellant, either personally or by certified
mail, postage prepaid, within seven days of the date when such decision
is entered.
A.
If it is determined by the hearing officer that an appellant is not
in violation of the provisions of this article, the matter shall be
dismissed as to that appellant and the hearing officer shall enter
such determination, in writing, and the record of the citation shall
indicate such dismissal, within 10 business days of the filing of
the judgment decision with the Town Clerk.
B.
If it is determined that one or more appellants are in violation
of any of the provisions of this article and the issuance of the citation
is proper, the hearing officer shall order each such appellant to
pay the applicable fine and, if appropriate, shall forthwith order
each such appellant to abate the described condition within 30 days
from the date of such order. The hearing officer shall enter such
determination in writing and shall file such order with the Town Clerk.
In the event that the abatement is not completed within 30 days of
the date of such order, the hearing officer, upon certification from
the environmental protection official that the abatement has not been
completed, shall forthwith enter and asses against each such appellant
a fine not to exceed on $100 for each offense. If such assessment
is not paid on the date of its entry, the hearing officer shall send
by certified mail, return receipt requested, a notice of the assessment
to the person or persons found liable and, not less than 30 days nor
more than 12 months after such mailing, file a certified copy of the
notice of assessment with the Town Clerk.
The chief elected official of the municipality may take whatever
means necessary to enforce the orders of the hearing officer.
[Amended 6-7-2021]
Any funds collected pursuant to this article shall be placed
in the general fund of municipality.
