Town of Fairfield, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Representative Town Meeting of the Town of Fairfield as indicated in article histories. (Former Ch. 61, Civil Defense, adopted as Ch. 8 of the Code of the Town of Fairfield 1968, was repealed 6-28-1999.) Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 45.
Littering — See Ch. 72.
Noise — See Ch. 78.
[Adopted 3-25-2019[1]]
[1]
Editor's Note: This legislation also superseded former Art. I, Recovery of Costs for Repeat Violations, adopted 9-25-2000.
A. 
Charge for violations.
(1) 
If it is determined by the Chief of Police or his designee that: there was reasonable cause for a law enforcement officer to have issued a notice and warning as set forth below to any property owner for actions on or arising from the owner's property in violation of Connecticut General Statutes, Section 53a-181, 53a-181a or 53a-182; and such owner was sent such a notice and warning by certified mail within 30 days of the violation as set forth above; and subsequent to the mailing of the notice and warning, and at any time during the three-year period following the date of such notice and warning, any person or persons were found by a law enforcement officer to be in violation of any such section and arrested or given a citation for such subsequent acts at the location set forth in the notice and warning; and the person or persons were thereafter found guilty of one or more of the subsequent violations of Connecticut General Statutes, Section 53a-181, 53a-181a or 53a-182 for which they were arrested or given a citation or in the event such violations are nolled at the request of the defendant or in connection with a plea bargain or resolved by the granting of accelerated rehabilitation, then the reasonable cost of police response, notice and warning processing, arrest, processing, court-related costs and any related costs incurred by the Town for both the first appearance at the location which resulted in the issuance of the notice and warning and the return to the location of the incident which led to any such disposition set forth in this Subsection A shall be a charge against the owner of such property.
(2) 
The charge shall constitute a debt of such owner and is collectible by the Town in the same manner as in the case of an obligation under a contract. Prior to initiating an action to collect any such debt, the Town shall provide such owner a bill itemizing the charges and afford at least 60 days to pay the bill, provided that no such charge in its aggregate shall exceed $3,000 in such three-year period.
(3) 
Notwithstanding the foregoing, if the owner of the property at the time of the subsequent violation did not own the property at the time of the issuance of the initial notice and warning, the owner shall not be liable for the charges set forth above, and the subsequent violation shall be deemed the initial notice and warning as to the current owner.
B. 
The form of the written notice and warning shall be substantially as follows:
NOTICE AND WARNING
To:
(name)
(date)
On
at _______________ a.m./p.m.
(date)_______________
(time)_______________
at
(address)______________________________________________
you, or, persons on such property owned by you, were warned or cited by
(name of enforcement officer)
that your/their actions were in violation of Connecticut General Statutes Section 53a-181, 53a-181a or 53a-182 and that if, within three years of the above date of this notice and warning, you/persons are found by a law enforcement officer to be in violation of such sections and arrested or given a citation for further such acts at or arising from the location set forth above, and a disposition designated in Town Code § 61-1A thereafter results, you may be required to pay the reasonable costs of police response, notice and warning processing, arrest, processing, court-related costs and any related costs necessarily incurred by the Town of Fairfield both for the first appearance at the location which resulted in the issuance of this notice and warning and for law enforcement officers' return to the location/your property which led to such arrest or citation and any disposition set forth in § 61-1A.
Notwithstanding the foregoing, if the owner of the property at the time of the subsequent violation did not own the property at the time of the issuance of the initial notice and warning, the owner shall not be liable for the charges set forth above and the subsequent violation shall be deemed the initial notice and warning as to the current owner.
C. 
The First Selectman, or his designee, shall give a report to the RTM yearly at its January meeting. At that time, the RTM shall review this article.