[HISTORY: Adopted by the Town Council of
the Town of Farmington 3-28-1995. Amendments noted where applicable]
GENERAL REFERENCES
Alarm systems — See Ch. 75.
Numbering of buildings — See Ch. 87.
Food-processing and food-service establishments — See Ch. 106.
Housing standards — See Ch. 118.
Noise — See Ch. 135.
Peddling and soliciting — See Ch. 144.
Septic systems — See Ch. 152.
Sewers — See Ch. 156.
Signs — See Ch. 159.
Solid waste — See Ch. 165.
Streets and sidewalks — See Ch. 169.
Vehicles and traffic — See Ch. 182.
Junked vehicles — See Ch. 186.
Motorized vehicles — See Ch. 189.
Water — See Ch. 193.
The purpose of this chapter is to establish
a citation hearing procedure in accordance with C.G.S. §§ 7-148(c)(10)(A),
7-152b and 7-152c to be followed in all instances when citations are
issued by Town of Farmington municipal officials.
A.
Regulations and ordinances of the Town may be enforced
by citations issued by designated municipal officers or employees,
provided that the regulation and ordinances have been designed specifically
by the Town for enforcement by citation in the same manner in which
they were adopted, and the designated municipal officer or employee
issues a written warning providing notice of the specific violation
before issuing the citation.
B.
The Town manager shall appoint one or more citation
hearing officers, who shall be other than police officers or employees
or persons who issue citations, to conduct the hearings authorized
by this section.
C.
After a citation has been issued and the fine or penalty
has not been paid, the Town shall send notice to the alleged violator
promptly (and no later than 12 months after the expiration of the
final period for the uncontested payment of fines, penalties, costs
or fees for any citation issued under any ordinance of the Town for
an alleged violation). Such notice shall inform the violator and any
other persons cited of the following:
(1)
The allegations against the violator and other persons
cited and the amount of the fines, penalties, costs or fees due.
(2)
That the alleged violator or other person cited may
contest his liability by delivering in person or by mail written notice
within 10 days of the date of the original notice to said violator
that he desires to contest his liability before a citation hearing
officer.
(3)
That if the alleged violator does not demand such
a hearing, an assessment and judgment shall be entered against him.
(4)
That such judgment may issue without further notice.
D.
If the alleged violator or other person to whom notice has been sent pursuant to Subsection C above wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees in person or by mail to the official designated by the Town. Any alleged violator or other person who does not deliver or mail a written demand for a hearing within 10 days of the date of the first notice provided in Subsection C above shall be deemed to have admitted liability, and the designated municipal official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by law and shall follow the procedures set forth in Subsection E below.
E.
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 not less than 15 days nor more than 30 days from the date
of the mailing of such notice, provided that the hearing officer shall
grant, upon good cause shown, any reasonable request by an interested
party for postponement or continuance. An original or certified copy
of the initial notice of violation issued by a police officer or other
issuing officer shall be filed and retained by the Town, shall be
deemed to be a business record within the scope of C.G.S. § 52-180
and evidence of the facts contained therein. The presence of the police
officer or issuing officer shall be required at the hearing if such
person so requests. The alleged violator or other person wishing to
contest liability shall appear at the hearing and may present evidence
in his behalf. A designated Town official, other than the hearing
officer, may present evidence on behalf of the Town. If the alleged
violator fails to appear, the hearing officer may enter an assessment
by default against him upon a finding of proper notice and liability
under the applicable ordinance. The hearing officer may accept from
such alleged violator copies of police reports, motor vehicle department
documents and other official documents by mail 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 deems fair and appropriate. The rules regarding the
admissibility of evidence shall not be strictly applied, but all testimony
shall be given under oath or affirmation. If the offense consists
of a motor vehicle parking violation, proof of the registration number
of the motor vehicle involved shall be prima facie evidence in all
proceedings that the owner of such vehicle was the operator thereof,
provided that in the case of a leased or rented motor vehicle, such
proof shall be prima facie evidence in any proceeding that the lessee
was the operator thereof. The hearing officer shall announce his decision
at the end of the hearing. If he determines that the alleged violator
or other person is not liable, he shall dismiss the matter and enter
his determination in writing accordingly. If he determines that the
person is liable for the violation, he shall forthwith enter and assess
the fines, penalties, costs or fees against such person as provided
by the ordinance.
F.
If such assessment is not paid on the date of its
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 superior court
for the geographical area in which the Town is located, together with
an entry fee of $8. The certified copy of the notice of assessment
shall constitute a record of assessment. Within such twelve-month
period, assessments against the same person may be accrued and filed
as one record of assessment. The Clerk of the court shall enter judgment
in the amount of such record of assessment and court costs of $8 against
such person in favor of the Town. Notwithstanding any other provision
of the General Statutes, the hearing officer's assessment, when so
entered as a judgment, shall have the effect of a civil money judgment
and a levy of execution on such judgment may issue without further
notice to such person.
G.
The person against whom an assessment has been entered
pursuant to this section is entitled to judicial review by way of
appeal. 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 C.G.S. § 52-259, in the
superior court for the geographical area in which the Town if located,
which shall entitle such person to a hearing in accordance with the
rules of the judges of the superior court.
In those instances where there is time to do
so and where a continuing violation is not causing immediate or significant
harm, a written warning providing notice of the specific violation
shall be sent prior to issuing the citation.
The fine, penalty, cost or fee imposed under
this chapter for any single violation shall not exceed the amount
of $100, unless otherwise specifically provided by the General Statutes.
All moneys received pursuant to the procedure
set forth above shall be remitted to the office of the Town Tax Collector.
[Amended 2-26-2008.]
Each of the following chapters is amended to
add the following section:
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§ ___-__. Enforcement.
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This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 91 of the Farmington Code shall be followed.
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Chapter/Article
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Title
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Number of
Section to be Added
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22
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Enforcement of Zoning Regulations, Inland Wetland
Regulations, and Aquifer Protection Area Regulations for Level A Mapped
Areas
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§ 22-4
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75
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Alarm Systems
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§ 75-8
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87
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Buildings, Numbering of
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§ 87-7
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106
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Food-Processing and Food-Service Establishments
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§ 106-12
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118
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Housing Standards
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§ 118-71
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135
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Noise
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§ 135-9
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144
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Peddling and Soliciting
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§ 144-15
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152
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Septic Systems
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§ 152-27
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156
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Sewers
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§ 156-44
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159
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Signs
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§ 159-6
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165, Art. II
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Licensing of Collectors
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§ 165-12.1
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165, Art. III
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Recycling
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§ 165-22F
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169, Art. II
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Excavations and Obstructions
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§ 169-13.1
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169, Art. IV
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Access to Town-Maintained Roads
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§ 169-17.1
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169, Art. VI
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Snow and Ice Removal
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§ 169-30
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182
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Vehicles and Traffic
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§ 182-10.1
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186
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Vehicles, Junked
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§ 186-6
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189
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Vehicles, Motorized
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§ 189-5
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193, Art. III
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Water
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§ 193-12
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