[HISTORY: Adopted by the Town of Ellington 2-5-2007. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement of this chapter. (Masculine terms include the feminine.)
- A written statement of the relevant conditions and facts giving rise to the wetland or zoning violation, including a reference to the specific section(s) of the wetland or zoning regulations which has been violated, the time period during which the violation has existed, the potential fine and the cited persons right to appeal pursuant to § 46-3A.
- The Zoning Enforcement Officer, Deputy Zoning Enforcement Officer, Wetland Agent or municipal official charged with enforcing a municipal ordinance or regulation or who issued the notice of violation or citation.
Pursuant to Connecticut General Statutes (C.G.S.) § 8-12a, as may be amended, and in addition to the remedies provided in C.G.S. § 8-12, an official, as defined herein, is hereby authorized to issue citations for violations of the Zoning Regulations of the Town of Ellington. The fine for each zoning violation may not exceed $150 for each day a violation continues.
Pursuant to C.G.S. § 22a-42g, as may be amended, and in addition to the remedies provided in C.G.S. § 22a-44, an official, as defined herein, is hereby authorized to issue citations for violations of the Inland Wetlands Regulations of the Town of Ellington.
The fine for each wetland violation shall not be more than the following:
Each day's continuance thereof shall be deemed to be a separate and distinct offense.
Any such fine shall be made payable to the Treasurer of the Town of Ellington.
Any citation issued under this chapter shall be and is sufficient if provided in one of the following forms, unless otherwise stated:
In hand delivery by an official charged with enforcing the ordinance or regulation.
Certified mail, return receipt requested, to the last known address of the person cited or to the address listed in the records of the Assessor's Office.
Delivery by any commercial carrier or delivery service such as, but not limited to, FedEx or UPS.
A commercial process server, state marshal, police officer or constable.
When a citation is refused by any of the above methods, it may be sent by first class mail. The official issuing citation shall retain a true and attested duplicate original of such citation.
The provisions of § 46-3 as to the time within which an appeal may be filed to the contrary notwithstanding, any person receiving a citation may, within 10 days following service of the citation, file an appeal in writing in the office of the First Selectman pursuant to the provision of § 46-3A and C.G.S. § 7-152c(d). The failure to file an appeal shall be deemed to have admitted liability for the violation cited.
Any person receiving a citation shall have 30 days from the date of the citation to make an uncontested payment without requesting a hearing. If the person cited makes an uncontested payment within the prescribed 30 days and the cited violation has been remedied, the fine shall be $150 for a zoning violation. In the case of a wetlands violation, if any uncontested payment is made within the prescribed 30 days and the cited violation has been remedied the fine shall be $500 or $1,000, whichever fine is applicable pursuant to § 48-2B.
The failure to pay the assessment of any fine(s) made by the citation hearing officer may result in a Superior Court judgment as provided by C.G.S. § 7-152(f), as may be amended, entitled to judicial review as provided in C.G.S. § 7-152c(g), as may be amended.
The effective date of this chapter is March 3, 2007.