[HISTORY: Adopted by the Town of Cromwell
as indicated in article histories. Amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
[Adopted BOS 2-11-1998]
The Zoning Enforcement Officer/Development Compliance Officer designated in accordance with Connecticut General Statutes § 8-12, and the Zoning Regulations of the Town of Cromwell (Zoning Enforcement Officer) is authorized to issue citations for violations of the Zoning Regulations of the Town of Cromwell (Zoning Regulations) to the extent and in the manner provided by this article. Any such citation may be served either by hand delivery or by certified mail, return receipt requested, to the person named in such citation. If the person named in a citation sent by certified mail refuses to accept such mail, the citation may be sent by regular United States mail. The Zoning Enforcement Officer shall file and retain an original or certified copy of the citation. A citation may be issued for those types of zoning violations specified in § 236-2 of this article. The fines set forth in this article shall be in addition to and not in lieu of any penalties or remedies set forth in Connecticut General Statutes § 8-12, as amended.
The fines for each such citation shall be in
accordance with the following schedule:
|
Nature of Violation
|
Amount of Fine
|
|---|---|
|
Construction of any principal building or structure
without a use permit or a zoning permit, as the case may be
|
$150
|
|
Alteration of any principal building or structure
without a use permit or a zoning permit, as the case may be
|
$150
|
|
Construction of any accessory building without
a use permit or zoning permit, as the case may be
|
$150
|
|
Construction of any accessory structure, other
than a building, without a zoning permit
|
$150
|
|
Alteration of any accessory building or use
without a use permit or zoning permit, as the case may be
|
$150
|
|
Alteration of any accessory structure, other
than a building, without a use permit
|
$150
|
|
Conducting an unauthorized use in any zone
|
$150
|
|
Violation of plans, conditions or other elements
of an approved special permit/special exception, as applicable
|
$150
|
|
Violation of plans, conditions or other elements
of an approved use permit or zoning permit, as the case may be
|
$150
|
|
Violation of plans, conditions or other elements
of an approved variance
|
$150
|
|
Violation of plans, conditions or other elements
of an approved erosion and sedimentation control plan
|
$150
|
|
Any other violation 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 § 236-1 of this article, 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 Treasurer within the time allowed under § 236-3 of this article, the Zoning 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 Manager, as provided in § 236-5 of this article, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing;
[Amended TC 6-16-2014]
(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 Treasurer of the Town of Cromwell. 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 § 236-4 shall be deemed to have admitted liability, and the Zoning 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 by this article and shall follow the procedures set forth in Subsection E of this § 236-4.
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 Zoning
Enforcement 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 Zoning 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 Zoning 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 Cromwell Zoning Board of Appeals pursuant to Connecticut General Statutes § 8-6, which appeal contests the interpretation of the Zoning Regulations employed by the Zoning 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 Zoning Regulations as determined by the Zoning 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 Zoning Board of Appeals has been rendered upholding the interpretation of the Zoning Regulations as employed by the Zoning Enforcement Officer. In the event that such a final, unappealable decision of said Zoning Board of Appeals has been rendered overturning the interpretation of the Zoning Regulations as employed by the Zoning 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 No. 9, together with an entry fee of $8. Further
proceedings may then be held pursuant to the applicable provisions
of the Connecticut General Statutes.
[Amended TC 6-16-2014]
In accordance with § 1-1B of the Cromwell Town Code, the Town Manager shall appoint one or more citation hearing officers to conduct the hearings provided by this article. Neither the Zoning Enforcement Officer, the Building Inspector nor any employee of the Town of Cromwell exercising zoning authority may be appointed as a hearing officer pursuant to this article.
[The current Zoning Regulations, as revised
by the Planning and Zoning Commission, are on file in the Office of
the Town Clerk and are available from the Town Planner.]
