In accordance with Section 7-152c of the Connecticut
General Statutes, as the same may be amended from time to time, there
is hereby established a citation hearing procedure, for use in contesting
citations issued in accordance with town ordinances where such hearing
procedures apply.
The First Selectman shall appoint one or more
citation hearing officers, other than police officers or Town of New
Canaan employees or persons who issue citations, to conduct the hearings
authorized by this chapter.
Any person who does not deliver or mail written demand for a hearing within 30 days of the notice provided for in the subject town ordinance shall be deemed to have admitted liability, and the person issuing the citation shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fine provided for by the subject ordinance, and shall follow the procedures set forth in §
11-8 of this chapter.
Any person who requests a hearing shall be given
written notice by certified mail 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 postponement or continuance for any
reasonable request by any interested party for good cause shown.
An original or certified copy of the initial
citation issued by the issuing official shall be filed and retained
by the Town of New Canaan and shall be deemed to be a business record
within the scope of Section 52-180 of the Connecticut General Statutes
and evidence of the facts contained therein.
If such assessment is not paid on the date of
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
facility designated by the Chief Court Administrator, together with
the statutory entry fee. Within such twelve-month period, assessments
against the same person may be accrued and filed as one record of
assessment. Notwithstanding any other provisions of the Connecticut
General Statutes, 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 way be issued without further
notice to such person.
A person against whom an assessment has been
entered pursuant to this chapter is entitled to judicial review by
way of appeal. An appeal shall be instituted within 30 days of the
mailing of notice of such assessment by filing a petition to reopen
assessment, together with an entry fee in an amount equal to the entry
fee for a small claims case pursuant to Connecticut General Statutes
Section 52-259, in the Superior Court, which shall entitle such person
to a hearing in accordance with the rules of the judges of the Superior
Court.