[HISTORY: Adopted by the Town Council of the Town of East Hampton 12-10-2002.
Amendments noted where applicable.]
Pursuant to the power granted by § 7-152c of the Connecticut
General Statutes, as amended, the following chapter shall be adopted in order
to implement a citation hearing procedure following the issuance of a citation
or notice of violation for violation of any Town ordinance and/or regulation.
Immediately upon adoption of this chapter, the Town Manager shall appoint
a Hearing Officer to conduct hearings authorized by this chapter. Said Hearing
Officer shall serve without pay or compensation and shall not be a police
officer, enforcement official as hereafter defined, or employee of the Town
of East Hampton. Said Hearing Officer shall serve until such time as a new
Hearing Officer is designated by the Town Manager.
A.
Within the period set forth below, the official who issued
the citation or notice of violation for violation of any Town ordinance and/or
regulation (hereafter referred to as the "enforcement official") may send
an advisory notice to the cited individual. Such advisory notice shall be
sent by certified mail, return receipt requested, and by first-class mail,
postage prepaid. The period within which said advisory notice may be provided
is the twelve-month period following expiration of the final period for the
payment of all fines, penalties, fees and/or costs imposed by the citation
or notice of violation. Said advisory notice shall be directed to the last
known address of the cited individual.
B.
Such advisory notice shall contain the following information:
(1)
A list of the allegations against the cited individual
and the amount of fines, penalties, fees and/or costs due;
(2)
A statement that the cited individual may contest his
liability before a Citation Hearing Officer by delivering in person or by
mail written notice to the enforcement official within 10 days of the date
of the notice;
(3)
A statement that if the cited individual does not demand
such a hearing, an assessment and judgment shall be entered against him; and
A.
If the cited individual who has been sent an advisory
notice wishes to admit liability for any alleged violation, he may, without
requesting a hearing, pay the full amount of the fines, penalties, fees and/or
costs to the Director of Finance of the Town of East Hampton. Such payment
shall be inadmissible in any civil or criminal proceeding to establish the
conduct of such person making payment.
B.
Any cited individual who fails to request a hearing within 10 days of the date of the advisory notice shall be deemed to have admitted liability, and the enforcement official shall so certify to the Hearing Officer. The Hearing Officer shall immediately thereafter enter and assess the fines, penalties, fees and/or costs provided for by the applicable ordinances and/or regulations and shall follow the procedure set forth in § 16-6 below.
C.
Any cited individual who requests a hearing shall be
given written notice of the date, time and place for such hearing. Said hearing
notice shall be provided by the Hearing Officer, who shall provide a copy
of same to the enforcement official. The hearing shall be held not less than
15 days nor more than 30 days from the date of mailing of the hearing notice,
provided the Hearing Officer shall grant, upon good cause shown, any reasonable
request by any interested party for postponement or continuance.
A.
An original or certified copy of the original citation
or notice of violation shall be retained by the enforcement official and shall
be deemed to be a business record as provided by Connecticut General Statutes
and shall be evidence of the facts contained therein. The enforcement official
must attend the hearing if the cited individual so requests. The enforcement
official or other Town official may present evidence on behalf of the Town.
B.
Unless excused by the Hearing Officer, the cited individual
must attend the hearing and may present evidence in his behalf. The Hearing
Officer may excuse the cited individual from attending the hearing only where
he has previously received from the cited individual, by mail, copies of police
reports or other investigatory reports which he believes renders unnecessary
the appearance of the cited individual.
C.
If the cited individual fails to appear, the Hearing
Officer may enter an assessment by default against him upon a finding of proper
hearing notice and liability.
D.
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, but the rules of evidence
shall not be strictly applied.
The Hearing Officer shall announce his decision at the end of the hearing.
If he determines that the cited individual is not liable, he shall dismiss
the matter and enter his determination in writing accordingly. If he determines
that the cited individual is liable for the violation, he shall forthwith
enter and assess the fines, penalties, fees and/or costs against the cited
individual as provided by the applicable Town ordinances and/or regulations.
A.
If such assessment is not paid on the date of its entry,
the Hearing Officer shall send by first class mail an assessment notice to
the cited individual who has been found liable and shall file, not less than
30 days nor more than 12 months after such mailing, a certified copy of the
assessment notice with the Clerk of Superior Court for Middlesex County, together
with an entry fee of $8. The certified copy of said assessment notice shall
constitute a record of assessment. Within such twelve-month period, assessments
against the same individual may be accrued and filed as one record of assessment.
B.
The Clerk shall enter judgment in the amount of such
record of assessment and court costs of $8 against the cited individual in
favor of the Town of East Hampton. 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 of such judgment may issue without further notice
to such individual.
Pursuant to § 7-152c(g) of the Connecticut General Statutes,
as amended, the individual against whom an assessment is entered is entitled
to judicial review by way of appeal. The appeal must be instituted with the
Superior Court for Middlesex County within 30 days of the mailing of the assessment
notice, as provided by the Connecticut General Statutes. The rules of the
judges of the Superior Court shall thereafter apply.
