It shall be unlawful for any person to violate or fail to comply
with any provisions of this Code, and where no specific penalty is
provided therein, the violation of any provision of this Code shall
be punishable by a fine as listed in the Schedule of Fees and Fines. Each day any such violation shall continue shall constitute
a separate offense and shall be punishable as such.
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:
A. 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.
B. 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.
C. 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]
D. 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.
E. 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.
F. 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.