[HISTORY: Adopted by the Town of Guilford as follows: Art. I, 6-2-1997
by the Board of Selectmen; Art. II, 12-2-1996 by the Board of Selectmen. Amendments
noted where applicable.]
[Adopted 6-2-1997 by the
Board of Selectmen]
The ordinances of the Town of Guilford, County of New Haven, State of Connecticut, of a general and permanent nature, adopted by the Town Meeting and Board of Selectmen of the Town of Guilford, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 264, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Guilford, hereinafter known and referred to as the "Code."
The provisions of the Code, insofar as they are substantively the same
as those of ordinances in force immediately prior to the enactment of the
Code by this ordinance, are intended as a continuation of such ordinances
and not as new enactments, and the effectiveness of such provisions shall
date from the date of adoption of the prior ordinance. All such provisions
are hereby continued in full force and effect and are hereby reaffirmed as
to their adoption by the Board of Selectmen of the Town of Guilford, and it
is the intention of said Board that each such provision contained within the
Code is hereby reaffirmed as it appears in the Code.
A copy of the Code, in loose-leaf form, has been filed in the office
of the Town Clerk of the Town of Guilford and shall remain there for use and
examination by the public until final action is taken on this ordinance; and,
if this ordinance shall be adopted, such copy shall be certified to by the
Town Clerk of the Town of Guilford by impressing thereon the Seal of the town,
and such certified copy shall remain on file in the office of said Town Clerk
to be made available to persons desiring to examine the same during all times
when said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code
or any new ordinances, when enacted or adopted in such form as to indicate
the intention of the Town Meeting or Board of Selectmen to be a part thereof,
shall be deemed to be incorporated into such Code so that reference to the
Code shall be understood and intended to include such additions, deletions,
amendments or supplements. Whenever such additions, deletions, amendments
or supplements to the Code shall be enacted or adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf book containing
said Code as amendments and supplements thereto.
It shall be the duty of the Town Clerk or such other authorized person
to keep up-to-date the certified copy of the book containing the Code of the
Town of Guilford required to be filed in the office of the Town Clerk for
use by the public. All changes in said Code and all ordinances adopted by
the Town Meeting or Board of Selectmen subsequent to the enactment of this
ordinance in such form as to indicate the intention of said Town Meeting or
Board of Selectmen to be a part of said Code shall, when finally enacted or
adopted, be included therein by temporary attachment of copies of such changes
or ordinances until such changes or ordinances are printed as supplements
to said Code book, at which time such supplements shall be inserted therein.
A.
Each section of the Code and every part of each section
is an independent section or part of a section, and the holding of any section
or part thereof to be unconstitutional, void or ineffective for any cause
shall not be deemed to affect the validity or constitutionality of any other
section or part thereof.
B.
Each section of this ordinance is an independent section,
and the holding of any section or part thereof to be unconstitutional, void
or ineffective for any cause shall not be deemed to affect the validity or
constitutionality of any other section or part thereof.
All ordinances of a general and permanent nature of the Town of Guilford
in force on the date of the adoption of this ordinance and not contained in
such Code or recognized and continued in force by reference therein are hereby
repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-7 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Guilford prior to the effective
date of this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of the Town
of Guilford or any penalty, punishment or forfeiture which may result therefrom.
C.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of the Town of Guilford.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Guilford.
E.
Any ordinance of the Town of Guilford providing for the
laying out, opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within the Town
of Guilford or any portion thereof.
F.
Any ordinance of the Town of Guilford appropriating money
or transferring funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Town of Guilford or other instruments
or evidence of the town's indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any legislation adopted subsequent to December 2, 1996.
L.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
A.
In compiling and preparing the ordinances of the Town
of Guilford for adoption and revision as part of the Code, certain grammatical
and other minor changes were made in one or more of said ordinances. It is
the intention of the Board of Selectmen that all such changes be adopted as
part of the Code as if the ordinances so changed had been previously formally
adopted to read as such.
B.
In addition, the following changes, amendments or revisions
are made herewith, to become effective upon the effective date of this ordinance,
as set forth in Schedule A[1] attached hereto and made a part hereof. (Chapter and section number
references are to the ordinances as they have been renumbered and appear in
the Code.)
[1]
Editor's Note: In accordance with § 1-9B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-2-1997 by the Board of Selectmen." Schedule A, which contains a complete description of all changes, is on file in the town offices.
All provisions of the Code shall be in full force and effect on and
after the effective date of this ordinance.
[Adopted 12-2-1996 by the
Board of Selectmen]
A.
Citations for zoning violations. The Zoning Enforcement
Officer is authorized to issue citations for violations of the Zoning Regulations
of the Town of Guilford to the extent and in the manner provided by this section.
The Zoning Enforcement Officer may issue such citations only after approval
by the Guilford Planning and Zoning Commission. Any such citation may be served
either by hand delivery or by certified mail, return receipt requested, to
the person named in the citation. If the person named in the citation sent
by certified mail refuses to accept such mail, the citation may be sent by
regular United States Mail.
B.
Zoning violations for which citation shall be issued.
A citation may be issued for any violation of the zoning regulations of the
Town of Guilford.
C.
Amount of fine for zoning violation citations. The fine
for each citation shall be $150, payable to the Treasurer of the Town of Guilford.
D.
Time period by which a fine must be paid if not contested. A person receiving a citation shall be allowed a period of 30 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 provision of Subsection A of this section, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
E.
Hearing procedure for citations. Any person issued a
citation shall be entitled to a hearing to contest the citation. The procedures
for hearing, disposition and enforcement shall be as is set forth in the Connecticut
General Statutes, Section 7-152c, Hearing Procedure for Citations, and Public
Act No. 96-210,[2] as the same may be amended from time to time by the General Assembly.
[2]
Editor's Note: Said Act amends Section 8-12a of the Connecticut General
Statutes.
F.
Selection of hearing officers. The First Selectman shall
appoint one or more citation hearing officers to conduct the hearings necessary
to effect this section. Neither the Zoning Enforcement Officer, Building Official
nor any employee or member of the Guilford Planning and Zoning Commission
may be appointed as a hearing officer pursuant to this section.
[Amended 6-2-1997]
