[HISTORY: Adopted by the Board of Selectmen
of the Town of Simsbury 5-28-1997; amended in its entirety 4-13-2009.
Amendments noted where applicable.]
A.
The Zoning Enforcement Officer or any police officer
of the Town of Simsbury may issue citations for violations of the
Zoning Regulations of the Town of Simsbury to the extent and in the
manner provided by this chapter and consistent with the authority
granted under Chapter 124, Section 8-12a, of the Connecticut General
Statutes.
B.
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.
C.
The Zoning Enforcement Officer shall file and retain
an original or certified copy of the citation.
A citation may be issued for any violation of
the Zoning Regulations of the Town of Simsbury after 30 days following
written notification by the Zoning Enforcement Officer.
The fine for each violation shall be up to $150
per day for each day the violation continues, payable to the Treasurer
of the Town of Simsbury.
Any person receiving such 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 § 158-1 of this chapter, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
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 § 158-4 of this chapter, the Zoning Enforcement Officer shall send a notice to the person cited, informing such person:
A.
Of the allegations against him or her and the amount
of the fines;
B.
That the person cited may contest liability before a Hearing Officer appointed by the Board of Selectmen, as provided in § 158-9 of this chapter, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing;
C.
That if the person cited does not demand such a hearing,
an assessment and judgment shall be entered against him or her; and
D.
That such judgment may issue without further notice.
If the person who is sent notice pursuant to § 158-5 of this chapter 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 Zoning Enforcement Officer. All fines shall be made payable to the Treasurer of the Town of Simsbury. 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 § 158-5 of this chapter 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 chapter and shall follow the procedures set forth in § 158-8 of this chapter.
A.
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 or police officer who issued the citation 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 or police 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 shall conduct the hearing in the order and from
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.
B.
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
chapter.
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 G.A. 13, together with an entry fee of $8. Further proceedings
may then be held pursuant to the applicable provisions of the Connecticut
General Statutes.
The Board of Selectmen shall appoint one or
more citation Hearing Officers to conduct the hearings provided by
this chapter. The Zoning Enforcement Officer, Building Inspector,
members of the Simsbury Zoning Commission, Zoning Board of Appeals,
and employees of the Simsbury Police Department shall not be appointed
as a Hearing Officer pursuant to this chapter.
