Town of Thompson, CT General Penalty and Citations

Editor's Note: The Schedule of Fees and Fines is included as an attachment to this chapter.

Pursuant to the provisions of Section 7-152c of the Connecticut General Statutes, as amended, the Town of Thompson hereby adopts the provisions authorized by the aforementioned Section 7-152c and hereby establishes a citation hearing procedure as follows:

Hearing officers. The First Selectperson shall appoint one or more citation hearing officers for a term of office which shall run concurrent with the Selectperson's term. No person who serves as an active police officer or Town employee or person who issues citations shall serve as a citation hearing officer.

Notice of citation. The municipality, acting by the First Selectperson or the First Selectperson's designee, at any time within 12 months of the expiration of the final period for uncontested payment of a fine, penalty, cost, or fee for any citation issued under any ordinance adopted pursuant to the provisions of C.G.S. § 7-148 or 22a-226d or other relevant statute or ordinance, for an alleged violation thereof, shall send notice to the person therein cited. Such notice shall contain a minimum of the following information:

(1)

The allegations against the person so cited, together with the amount of the fines, penalties, costs, or fees due.

(2)

The fact that the person may contest his or her liability before a citation hearing officer by delivery in person or by mail of a written notice within 10 days of the date of the herein specified notice.

(3)

That if a hearing is not demanded, an assessment and judgment shall be entered as a matter of course.

[Amended 5-30-2023]

(4)

Any such judgment may issue without further notice to the individual.

Payment. Payment of such fines, penalties, and costs shall be made to the office of the First Selectperson, or the First Selectperson's designee, in person or by mail. 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 initial notice as provided herein shall be deemed to have admitted liability, and the designated municipal officer shall certify such person's failure to respond to the citation hearing officer. The citation hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinance and shall follow the procedures set forth herein and in Section 7-152c of the Connecticut General Statutes.

[Amended 5-30-2023]

Hearing. Any person who requests a hearing within the time specified in this article will be given written notice of the date, time, and place for the hearing, which shall be held not less that 15 nor more than 30 days from the date of the mailing of the notice, subject to reasonable requests for good cause shown for continuance or postponement by any interested party. The original or a certified copy of the initial notice of violation shall be filed and retained by the municipality and shall be deemed to be a business record within the scope of Section 52-180 of the Connecticut General Statutes, and evidence of the facts contained therein. The accused shall have the right to request the issuing official or police officer be present at the hearing, and such individual shall in fact be present at the hearing if so requested. At such hearing, the accused may appear and present evidence on his or her own behalf and a designated municipal official other than the citation hearing officer may present evidence on behalf of the issuing official or the municipality. Any person who fails to appear may be defaulted and an assessment by default entered against him or her upon a finding of proper notice and liability under applicable statutes or ordinances. The hearing shall be conducted as set forth in Section 7-152c of the Connecticut General Statutes and the citation hearing officer shall announce his or her decision at the termination of the hearing.

Notice of assessment. If the assessment is not paid as of the date of its entry, the citation hearing officer shall send, by first class mail, a notice 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 Superior Court facility designated by the Chief Court Administrator within the boundaries of the judicial district in which the municipality is located, together with the current and applicable entry fee. A certified copy of the notice of assessment shall constitute a record of assessment and the Clerk of the Superior Court shall enter judgment in the amount of such record of assessment and current and applicable Court costs and entry fee against such person in favor of the municipality. Notwithstanding any other provision of the Connecticut General Statutes, the citation hearing officer's assessment, when so entered as a judgment, shall have the affect of a civil money judgment and a levy of execution on such judgment may be made without further notice to such person.

Appeal. There shall exist a right of appeal in favor of any person against whom an assessment has been entered pursuant to the provisions of this article. An appeal shall be instituted within 30 days of the mailing of 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 Section 52-259 of the Connecticut General Statutes, in the Superior Court for the geographical area in which such municipality is located, which shall entitle such person to a hearing in accordance with the rules of the Judges of the Superior Court.[1]

[1]

Editor's Note: Original Sec. 1-2e, Violations; Penalties, of Ord. No. 11-001 was repealed 5-30-2023.