City of Middletown, CT Fines for Building Code Violations

As used in this article, the following terms shall have the meanings indicated:

A written statement of the relevant conditions and facts giving rise to the Building Code violation, including a reference to the specific section(s) of the Building Code which has been violated.

PERSON

Any individual, firm, partnership, corporation, limited liability company, association or any other entity.

Masculine terms include the feminine.

§ 120-30 Chief Building Official authorized to issue citations; penalties for offenses.

Pursuant to C.G.S. § 7-148, as amended by Public Act No. 99-129, and in addition to remedies provided in the General Statutes and state regulations, State Building Code or City ordinances, the Chief Building Official is hereby authorized to issue citations for violations of the building regulations of the City of Middletown in accordance with this article. The fine for each such building regulation violation shall be not less than $10 nor more than $100 payable to the City of Middletown.

§ 120-31 Service of citation.

Any citation issued hereunder shall be served upon the person(s) named in such citation by either in-hand service made by the Chief Building Official or his designated agent, or any state marshal or constable having authority to serve civil process in the State of Connecticut, or by mailing such citation to the person(s) named therein at his last known home address or other address provided by him to the Chief Building Official, by certified mail, return receipt requested, postage prepaid. If the citation is refused, it may be sent by regular mail to such address. The Chief Building Official shall retain a true and attested duplicate original of such citation.

§ 120-32 Enforcement; notice and hearing.

The Mayor shall appoint, subject to confirmation by the Common Council, a Citation Hearing Officer to conduct the hearings authorized by this article. The Citation Hearing Officer may not be an employee of the City of Middletown and shall serve without compensation. The Citation Hearing Officer shall serve for a term of two years, unless removed for cause.

If the person cited fails to pay the fine within a thirty-day period, the Chief Building Official, pursuant to C.G.S. § 7-152c, as amended, is authorized, at any time within 12 months from the expiration of said thirty-day period, to enforce said citation by sending said person a notice informing him:

(1)

Of the allegations against him and the amount of the fine due;

(2)

That he may contest the citation in a hearing by delivering in person or by mail written notice within 10 days of the date thereof;

(3)

That if he does not demand a hearing, an assessment of fine and judgment shall be entered against him; and

(4)

That such judgment may issue without further notice.

If the person sent the notice required by Subsection B above does not make full payment of the fine and does not make written demand for a hearing before the Citation Hearing Officer within 10 days of the notice provided for in Subsection B above, he shall be deemed to have admitted liability, and the Chief Building Official shall certify such person's failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and assess the fine provided for by this article.

If a hearing is requested, it shall be conducted in accordance with the provisions of C.G.S. § 7-152c(e), as amended.

The failure to pay the assessment of any fine(s) made by the Citation Hearing Officer can result in a Superior Court judgment as provided by C.G.S. § 7-152c(f), as amended, subject to judicial review as provided in C.G.S. § 7-152c(g), as amended.