[HISTORY: Adopted by the Representative Town Meeting of the Town
of Fairfield 9-27-2004. Amendments noted where applicable.]
The intention of this chapter is to provide a hearing procedure for
review of citations within the Town of Fairfield.
As used in this chapter, the following terms shall have the meanings
indicated:
Any citation issued by a police officer, special police officer,
or administrative official of the Town of Fairfield for violation of Town
ordinances or regulations.
An elector of the Town of Fairfield, other than policemen or persons
who issue citations or work for the Town of Fairfield, appointed by the First
Selectman to conduct the hearings authorized by Connecticut General Statutes
Section 7-152c.
The term shall be at the discretion of the First Selectman.
A.
The Superior Court shall be authorized to enforce the
assessments and judgments provided for under this section.
B.
Notice; hearing; fines.
(1)
The Town of Fairfield may, at any time within 12 months
from the expiration of the final period for the uncontested payment of fines,
penalties, costs or fees for any citations issued for an alleged violation
under any ordinance adopted pursuant to Section 7-148 or Sections 22a-226d,
send notice to the person, by first class mail. Such notice shall inform the
person cited of the allegations against such person and the amount of the
fines, penalties, costs or fees due; that such person may contest liability
before a citation hearing officer by delivering in person or by mail written
notice within 10 days of the date thereof; that if there is no such demand
for a hearing, an assessment and judgment shall be entered against such person,
and that such judgment may issue without further notice.
(2)
If the person who is sent notice pursuant to Subsection B(1) wishes to admit liability for any alleged violation, the person may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person, by mail to an official designated by the Town. 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 first notice provided for in Subsection B(1) shall be deemed to have admitted liability, and the Town official designated as the enforcement officer for violations of the type specified in the citation shall certify such person's failure to respond to the hearing officer as such person did not choose to contest the violation citation. The hearing officer shall thereupon cause to have entered and assessed the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in Subsection B(4) of this section.
(3)
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 of
continuance. An original or certified copy of the initial notice of violation
issued by a policeman or other issuing official shall be filed and retained
by the Town, be deemed a business record within the scope of Section 52-180
and be evidence of the facts contained therein. The presence of the policeman
or issuing official shall be required at the hearing if such person so requests.
A person wishing to contest such liability shall appear at the hearing and
may present evidence to that effect. A designated Town official, other than
the hearing officer, may present evidence on behalf of the Town. If such person
fails to appear, the hearing officer may enter an assessment by default against
such person upon finding of proper notice and liability under the applicable
statutes or ordinances. The hearing officer may accept from such person copies
of police reports, investigating and citation reports 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 the hearing officer 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 the decision at the end of the hearing. Upon determination
that the person is not liable, the hearing officer shall dismiss the matter
and enter such determination in writing accordingly. Upon determination that
the person is liable for the violation, the hearing officer shall forthwith
cause to have entered and assessed the fines, penalties, costs or fees against
such person as provided by the applicable ordinances of the Town.
(4)
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 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.
A person against whom an assessment has been entered pursuant to this
chapter 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 the entry fee in an amount
equal to the entry fee for a small claims case pursuant to Section 52-259,
in the Superior Court for the geographical area in which the Town is located,
which shall entitle such person to a hearing in accordance with the rules
of the Judges of the Superior Court.
