Pursuant to the authority vested in municipalities
under Connecticut General Statutes Section 8-12a, the Zoning Enforcement
Officer is authorized to issue citations for violations of the Zoning
Regulations of the Town of Wilton to the extent and in the manner
provided by this ordinance.
As used in this ordinance, the following terms
shall have the meanings indicated:
CITATION
A written statement of the relevant conditions and facts
giving rise to the zoning violation, including a reference to the
specific sections of the Zoning Regulations that have been violated.
PERSON
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivision thereof.
TOWN
The Town of Wilton, Connecticut.
VIOLATION
Any activity conducted by an owner or occupant of the property
or condition of the property that does not conform to the Zoning Regulations.
Such condition shall include the placement of signs on or off the
property that do not comply with the Zoning Regulations.
VIOLATOR
Any person cited as a party to a violation.
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 of the fine specified in the citation to the Treasurer. If the citation has been sent by regular mail pursuant to the provisions of §
9B-3 of this ordinance, the date of receipt of the citation shall be deemed to be three business days after the date of mailing of the citation.
The First Selectman of the Town of Wilton shall
appoint one or more citation Hearing Officers to conduct the hearings
provided for by this ordinance. Neither the Zoning Enforcement Officer,
the Building Inspector nor any employee of the Town of Wilton may
be appointed as a Hearing Officer pursuant to this ordinance.
This ordinance shall take effect on September
23, 1997.
As used in this ordinance, the following terms
shall have the meanings indicated:
COMMISSION
The Inland Wetlands Commission of the Town of Wilton.
DESIGNATED AGENT
An individual(s) designated by the Commission to carry out
specific functions and purposes subject to the Commission's review.
HEARING OFFICER
The person designated by the First Selectman to hear appeals
of this ordinance.
PERSON
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
TOWN
The Town of Wilton, Connecticut.
VIOLATION
A.
Any enforcement action resulting in a written
notice of permit suspension or cease and desist order as upheld by
the Commission or notice of violation; and/or
B.
Any notice of failure to conform with written
directives of the Commission.
VIOLATOR
Any person cited as a party to a violation.
In accordance with C.G.S. Section 22a-42g, all
appeals shall be made in accordance with the procedures established
in C.G.S. Section 7-152c, including, but not limited to, the following
procedures:
A. Within 15 days of the receipt of a citation, the violator
may submit a written request to contest such citation. A hearing date
with the Hearing Officer shall be set for a date not less than 15
days nor more than 30 days following the receipt of the written request.
Any person requesting a hearing shall be given written notice of the
date, time and place of such hearing. At the hearing, the violator
shall have the opportunity to present evidence why he or she should
not be subject to the issued citation. The Commission's designated
agent(s) or Commission member(s) may present evidence at the hearing
on behalf of the Commission and may be questioned by the Hearing Officer.
If the person requesting the hearing fails to appear, the Hearing
Officer may enter an assessment by default against him or her upon
finding of proper notice and liability under the applicable provisions
of the Wilton Inland Wetlands and Watercourses Regulations. The Hearing
Officer shall make the final decision at the end of the hearing and
provide written notice to the person and the Commission within 10
days. If it is the decision of the Hearing Officer to find the person
liable, the fine shall be paid by the person within 30 days of receipt
of the written decision. Appeals of the Hearing Officer's decision
may be taken to the Superior Court.
B. If such fine is not paid within the prescribed time
period, the Commission shall send by first class mail, a notice of
the assessment to the violator 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. Further, proceedings may then be held pursuant
to the applicable provisions of the Connecticut General Statutes.
Notwithstanding the foregoing, pursuant to Section
22a-42g of the Connecticut General Statutes, no fine shall be levied
against the State of Connecticut or any employee thereof acting within
the scope of his or her employment. Likewise, no fine shall be levied
against the Town of Wilton or any employee thereof acting within the
scope of his or her employment.
This ordinance shall take effect October 27,
1997.