[HISTORY: Adopted by the Special Town Meeting of the Town of Griswold:
Art. I, 1-9-1997. Amendments noted where applicable.]
[Adopted 1-9-1997]
The Zoning Enforcement Officer is authorized to issue citations for
violations of the Town of Griswold Zoning Regulations to the extent and in
the manner provided by this article. Any such citation may be served either
by hand delivery or by certified mail, return receipt requested, to the person
named in such citation. If the person named in a citation sent by certified
mail refuses to accept such mail, the citation may be sent by regular United
States mail. The Zoning Enforcement Officer shall file and retain an original
or certified copy of the citation.
A citation may be issued for any violation of the Town of Griswold Zoning
Regulations.
B.
For the purposes of this section, the term "violations
relating to residential uses and structures" means violations made in connection
with the violator's own dwelling; violations made in connection with
structures accessory to the violator's own dwelling; and violations attributable
to residential uses conducted in connection with the violator's own dwelling
or accessory structures to the violator's dwelling. All other types of
zoning violations shall be deemed to be violations relating to nonresidential
uses and structures under this section.
Any person receiving such a citation shall be allowed a period of 30 days from his or her receipt of the citation to make an uncontested payment to the Treasurer of the fine specified in the citation. If the citation has been sent by regular mail pursuant to the provisions of § 139-1 of this article, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
If a person who has been issued a citation does not make an uncontested payment to the Treasurer of the fine specified in the citation within the time allowed under § 139-4 of this article, the Zoning Enforcement Officer shall send a notice to the person cited, informing such person:
A.
Of the allegations against him or her and the amount
of the fines.
B.
That the person cited may contest liability before a Hearing Officer appointed by the First Selectman of the Town of Griswold, as provided in § 139-9 of this article, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing.
C.
That if the person cited does not demand such a hearing,
an assessment and judgment shall be entered against him or her.
D.
That such judgment shall be issued without further notice.
If the person who is sent notice pursuant to § 139-5 of this article wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the Zoning Enforcement Officer. All fines shall be made payable to the Treasurer of the Town of Griswold. 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 notice described in § 139-5 of this article shall be deemed to have admitted liability, and the Zoning Enforcement Officer shall certify to the Hearing Officer that such person has failed to respond. The Hearing Officer shall thereupon enter and assess the fines provided for by this article and shall follow the procedures set forth in § 139-8 of this article.
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 notice,
provided that the Hearing Officer shall grant upon good cause shown any reasonable
request by any interested party for postponement or continuance. The presence
of the Zoning Enforcement Officer shall be required at the hearing if requested
by the person who was issued the citation. A person wishing to contest liability
shall appear at the hearing and may present evidence in his or her behalf.
The Zoning Enforcement Officer may present evidence on behalf of the municipality.
If the person who received the citation fails to appear, the Hearing Officer
may enter an assessment by default against him or her upon a finding of proper
notice and liability under the applicable provisions of the Griswold Zoning
Regulations. The Hearing Officer may accept written information by mail from
the person who received the citation 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 or she 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.
The Hearing Officer shall announce his or her decision at the end of the hearing.
If the Hearing Officer determines that the person who received the citation
is not liable, the Hearing Officer shall dismiss the matter and enter that
determination in writing accordingly. If the Hearing Officer determines that
the person who received the citation is liable for the violation, the Hearing
Officer shall forthwith enter and assess the fines against such person as
provided by this article.
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, together with an entry fee of $8. Further
proceedings may then be held pursuant to the applicable provisions of the
Connecticut General Statutes.
The First Selectman of the Town of Griswold shall appoint one or more
citation Hearing Officers to conduct the hearings provided by this article.
Neither the Zoning Enforcement Officer, the Building Inspector nor any employee
of the Town of Griswold Planning and Zoning Commission may be appointed as
a Hearing Officer pursuant to this article.
The effective date of this article shall be January 30, 1997.
