A.
The Inland Wetlands and Watercourses Enforcement Officer,
designated in accordance with Connecticut General Statutes, Section
22a-44, and the Inland Wetlands and Watercourses Regulations of the
Town of Wethersfield, or any police officer of the Town of Wethersfield
(hereinafter referred to as "Inland Wetlands and Watercourses Enforcement
Officer") is authorized to issue citations for violations of the Inland
Wetlands and Watercourses Regulations of the Town of Wethersfield
("Inland Wetlands and Watercourses Regulations") to the extent and
in the manner provided by this article.
The fine for each such citation shall be in
accordance with the following schedule:
|
Nature of Violation
|
Amount of Fine
|
|---|---|
|
Clear-cutting
|
$500
|
|
Placement of material in a regulated area
|
$500
|
|
Violation of plans, conditions or other elements
of an approved inland wetlands and watercourses permit
|
$500
|
|
Violation of any element of an approved erosion
and sedimentation control plan
|
$150
|
|
Conduct, without the issuance of an inland wetlands
and watercourses permit, of any other regulated activity in a regulated
area not listed above
|
$150
|
Any person receiving such a citation shall be allowed a period of 60 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 § A181-52 of this chapter, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
A.
If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Town Clerk within the time allowed under § A181-54 of this chapter, the Inland Wetlands and Watercourses Enforcement Officer shall send a notice to the person cited, informing such person:
(1)
Of the allegations against him or her and the amount
of the fines;
(2)
That the person cited may contest liability before a Hearing Officer appointed by the Town Council, as provided in § A181-56 of this chapter, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing;
(3)
That if the person cited does not demand such a hearing,
an assessment and judgment shall be entered against him or her; and
(4)
That such judgment may issue without further notice.
B.
If the person who is sent notice pursuant to the preceding subsection 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 Town Clerk. All fines shall be made payable to the Town Clerk of the Town of Wethersfield. 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 Subsection A of this section shall be deemed to have admitted liability, and the Inland Wetlands and Watercourses 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 this article and shall follow the procedures set forth in Subsection E of this section.
C.
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 issuing
official or police 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 Inland Wetlands and Watercourses 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 Wetlands 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.
D.
Any person who files an appeal to the Wethersfield Zoning Board of Appeals pursuant to Connecticut General Statutes, § 8-6, which appeal contests the interpretation of the Inland Wetlands and Watercourses Regulations employed by the Inland Wetlands and Watercourses Enforcement Officer in the subject citation, shall not be excused from requesting a hearing in accordance with Subsection C hereinabove. The filing of an appeal to the said Board without also requesting a hearing hereunder shall not stay, defeat or negate the procedures and penalties prescribed by this article, except as provided in this subsection. The hearing set forth in the preceding subsection shall proceed, and the Hearing Officer shall make a determination as to liability of the person who received the citation, based upon the facts as determined at that hearing, and assuming the validity of the interpretation of the Inland Wetlands and Watercourses Regulations as determined by the Inland Wetlands and Watercourses Enforcement Officer. However, the Hearing Officer shall not enter and assess the fines provided by this article unless and until a final, unappealable decision of the said Zoning Board of Appeals has been rendered upholding the interpretation of the Inland Wetlands and Watercourses Regulations as employed by the Inland Wetlands and Watercourses Enforcement Officer. In the event that such a final, unappealable decision of the said Zoning Board of Appeals has been rendered overturning the interpretation of the Inland Wetlands and Watercourses Regulations as employed by the Inland Wetlands and Watercourses Enforcement Officer, the Hearing Officer shall dismiss the matter and enter that determination accordingly.
E.
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 Geographical Area 15, together with an entry fee of $8. Further
proceedings may then be held pursuant to the applicable provisions
of the Connecticut General Statutes.
F.
A person against
whom an assessment has been entered pursuant to this section may appeal
within 30 days of the mailing of notice of such assessment in accordance
with Connecticut General Statutes, § 7-152c(g).
The Town Council shall appoint one or more citation
Hearing Officers to conduct the hearings provided by this article.
Neither the Inland Wetlands and Watercourses Enforcement Officer,
the Building Inspector, nor any employee of the Town of Wethersfield
exercising zoning authority may be appointed as a Hearing Officer
pursuant to this article.
In the event that any part or portion of this
article is declared invalid for any reason, all other provisions of
this article shall remain in full force and effect. In any case where
a provision of this chapter is found to be in conflict with a provision
of any other provision of law, the provision which establishes the
higher standard for the promotion and protection of the health and
safety of the people of the Town of Wethersfield shall prevail.
This article of this chapter shall not apply
to citations issued by Town enforcement officers for violation of
state statutes. The provisions of this article shall not be construed
to prevent the enforcement of other codes, ordinances or regulations
of the Town of Wethersfield.
