[Amended 6-26-2018 by Ord. No. 1719-04]
A. The
Zoning Enforcement Officer, or his agent, shall provide a written
warning to any person or entity who violates any provision of Section
3, 4 or 6 of the Newington Zoning Regulations. Such written warning
shall cite the nature of the violation and the required compliance
and shall allow a seventy-two-hour period within which to correct
the violation(s) or, within said 72 hours, to submit a written plan
for correction to the Zoning Enforcement Officer, setting forth a
reasonable time period to remedy the violation(s) as approved by the
Zoning Enforcement Officer. The written warning issued by the Zoning
Enforcement Officer pursuant to this subsection shall be served:
(1) By hand delivery, at which time the seventy-two-hour period shall
begin; or
(2) By certified mail and by regular first-class mail. Three business
days shall be allowed for mail delivery of the notice prior to the
commencement of the seventy-two-hour period.
B. Within 48 hours or a reasonable time after the period for correction established in Subsection
A expires, the Zoning Enforcement Officer or his agent shall reinspect the subject property to determine compliance.
C. If
the violations set forth in the written notice have not been corrected
at the time of reinspection, the Zoning Enforcement Officer or his
agent may issue a citation and fine for each violation. All citations
issued by the Zoning Enforcement Officer or his agent shall state
the violation for which the citation is being issued, the fine imposed
for the violation, the time period within which the fine must be paid,
and an address for remittance of the fine. The fine for each violation
shall be $150. Citations shall be issued by the Zoning Enforcement
Officer or his agent by hand or by delivery to the abode, business
office, or statutory agent of the person or entity in violation.
[Amended 6-26-2018 by Ord. No. 1719-04]
Upon the issuance of a citation by the Zoning Enforcement Officer
or his agent, the time period for correction of the violation cited
in such citation shall be in accordance with the following requirements:
A. For violations which involve the illegal use of a property by a nonstructural
object such as a sign, vehicle, junk, etc., compliance with the regulations
shall be within 48 hours of issuance of the citation.
B. For violations which involve the illegal use of a property by the
conduct of an activity which is not permitted, compliance with the
regulations shall be within 48 hours of issuance of the citation.
C. For violations which involve the illegal placement of a structure, all work on the structure shall immediately cease. Further, all violations not included in Subsections
A and
B of this section shall be brought into compliance with the Zoning Regulations within 48 hours of the issuance of the citation or within such other time period as designated in writing by the Zoning Enforcement Officer or his agent.
D. Any violation for which a citation is issued and which is not corrected
within the time period allowed in this section shall be a new violation
of the Zoning Regulations, and every twenty-four-hour period thereafter
in which the violation is not corrected shall constitute a new violation.
For repeated violations of the same section of the Zoning Regulations
by the same person or entity, the Zoning Enforcement Officer shall
not be required to provide the violator with another written notice
or correction period and may immediately issue the citations and fines
permitted by this article.
E. The Zoning Enforcement Officer shall not be responsible for a daily
reinspection, rather the person to whom the citation has been issued
shall be responsible for reporting subsequent compliance to the Zoning
Enforcement Officer or his agent. The Zoning Enforcement Officer or
his agent shall reinspect to confirm compliance within 24 hours, or
reasonably thereafter, of such report.
The procedure for admitting liability to a violation under this article and the hearing procedure for any citation issued pursuant to this article shall be in accordance with the provisions set forth in §
13-3B through
E of the Code of Newington.
The penalties established by this article shall
not be exclusive of any other enforcement remedy which may be imposed
by the Zoning Enforcement Officer or his agent for violations of the
Newington Zoning Regulations, as authorized by any state statute,
Town ordinance, or the Newington Zoning Regulations.