[HISTORY: Adopted by the Annual Town Meeting of the Town of Norfolk 5-30-1989. Amendments noted where applicable.]
The following ordinances of the Town of Norfolk are hereby designated for enforcement by a citation:
Chapter Number
Chapter/Article Title
Adoption Date
Chapter 69
Certificates of Occupancy
Article I, Rental Property
7-21-1986
Chapter 76
Driveways
5-9-1983
Chapter 80
Entertainment, Public Outdoor
7-29-1970
Chapter 87
[Added 5-13-1991 ATM]
Fire Alarms
5-13-1991
Chapter 96
Littering
6-19-1967
Chapter 101
[Added 10-23-2017 STM]
Ordinance Enforcement for Land Use Violations
10-23-2017
Chapter 108
Recreational Facilities
Article I, Tobey Pond
5-9-1988
Chapter 113
Sewage Disposal Facilities
10-3-1955
Chapter 119
[Added 1-22-1991 STM]
Solid Waste Disposal
1-22-1991
Chapter 122
Street Numbers
5-12-1986
Chapter 126
Streets and Sidewalks
Article II, Street Obstructions
Article III, Street Excavations
7-21-1986
5-9-1988
Chapter 130
Swimming Pools
7-21-1986
Chapter 145
Vehicles and Traffic
Article I, Parking During Snowstorms
Article II, Parking of Large Vehicles
5-10-1982
5-10-1982
Upon the violation of any of the above chapters, the Board of Selectmen shall send to the violator and/or to the owner of the property upon which the violations occurred a notice which shall inform the owner and any other person cited:
A. 
Of the allegations against him in the amount defined, fines, penalties, costs or fees due;
B. 
That he may contest his liability before a Citation Hearing Officer by delivering in person or by mail written notice to the Board of Selectmen within 10 days of the date of the Selectmen's notice;
C. 
That if he does not demand such a hearing, an assessment and judgment shall be entered against him; and
D. 
That such judgment may issue without further notice.
If the person who is sent notice pursuant to § 100-3 above wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to the Board of Selectmen. 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 Selectmen's notice provided for in § 100-3 above shall be deemed to have admitted liability, and the First Selectman shall certify such person's failure to respond to the Hearing Officer. The Hearing Officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in this chapter.
A. 
Any person who requests a hearing shall be given written notice of the date, time and place of 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 will grant upon good cause shown any reasonable request by any interested party for postponement or continuance.
B. 
An original or certified copy of the initial notice of violation issued by the issuing official or policeman shall be filed and retained by the Town of Norfolk and shall be deemed to be a business record within the scope of C.G.S. § 52-180 in evidence of the facts contained therein.
C. 
The presence of the issuing official or policeman shall be required at the hearing if such person so requests. A person wishing to contest his liability shall appear at the hearing and may present evidence on his behalf. A municipal official designated by the Board of Selectmen, other than the Hearing Officer, may present evidence on behalf of the municipality.
D. 
If the person charged fails to appear, the Hearing Officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable ordinances. The Hearing Officer may accept from such person copies of police reports, investigatory and citation reports and other official documents by mail and may determine thereby that the appearance of such person is unnecessary.
E. 
The Hearing Officer shall conduct the hearing in the order and form and with such a method of proof as he 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.
F. 
The Hearing Officer shall announce his decision at the end of the hearing. If he determines that the person is not liable, he shall dismiss the matter and enter his determination, in writing, accordingly. If he determines that the person is liable for the violation, he shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the applicable ordinances.
[Amended 5-10-2010 ATM]
If any 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 the geographical area in which the municipality is located, together with an entry fee. Judgment may be established by Superior Court without further notice to such person. The certified copy of the notice of assessment will constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk shall enter judgment, in the amount of such record of assessment and court costs of $8, against such person in favor of the town. The Hearing Officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue by the Board of Selectmen without further notice to such person.
The person against whom an assessment has been entered pursuant to this chapter is entitled to judicial review by way of appeal as provided in the Connecticut General Statutes.