As used in this article, the following terms are defined as
follows:
Includes violations of any ordinance of the Town of Rocky
Hill which regulates, permits, prohibits or prescribes the parking
of motor vehicles.
The Director of Public Safety.
The Town Manager shall appoint one or more parking violation
hearing officers, other than policemen or persons who issue parking
tickets or work in the Police Department, to conduct the hearings
authorized by this section.
At any time within two years from the expiration of the final
period for the uncontested payment of fines, penalties, costs or fees
for any alleged violation under any ordinance regulating the parking
of motor vehicles, the Town Clerk may send notice to the motor vehicle
operator, if known, or the registered owner of the motor vehicle by
first-class mail at his address according to the registration records
of the Department of Motor Vehicles. Such notice shall inform the
operator or owner:
A.
Of the allegations against him and the amount of the fines, penalties,
costs or fees due.
B.
That he may contest his liability before a parking violations hearing
officer by delivering, in person or by mail, written notice within
10 days of the date thereof.
C.
That if he does not demand such a hearing, an assessment and judgment
shall enter against him.
D.
That such judgment may issue without further notice.
If the person who is sent notice pursuant to § 230-20 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 Town official designated by the subject ordinance(s) or, if none is designated therein, to the Town Clerk. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in § 230-20 shall be deemed to have admitted liability, and the Town Clerk 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 § 230-23.
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 notice of violation issued by a policeman or other issuing officer,
which shall be filed and retained by the Town. The presence of the
policeman or issuing officer 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 in his behalf. A designated
Town official, other than the hearing officer, may present evidence
on behalf of the Town. If such person 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 statutes or ordinances.
The hearing officer may accept from such person copies of police reports,
Motor Vehicle Department documents and other official documents by
mail 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 deems fair and
appropriate. All testimony shall be given under oath or affirmation.
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 of the Town of
Rocky Hill.
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 mailing, a certified copy of the notice
of assessment with the clerk of the superior court of the geographical
areas in which the Town is located, together with the entry fee pursuant
to Connecticut General Statutes, § 7-152b, as amended. The
certified copy of the notice of assessment shall 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 against such person in favor of the Town. Notwithstanding
any other provision of the Connecticut General Statutes or ordinance
of the Town of Rocky Hill, 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 without
further notice to such person.
A person against whom an assessment has been entered pursuant
to this article is entitled to judicial review by way of appeal in
accordance with Connecticut General Statutes, § 7-152b.
All future amendments to Connecticut General Statutes, § 7-152b,
shall be deemed to amend this article.
