[HISTORY: Adopted by the Town Council of the Town of New
Canaan 3-1-2006, effective 3-17-2006. Amendments noted where applicable.]
The purpose of this ordinance is to establish a means by which
the Town of New Canaan may more effectively enforce the Zoning Regulations
of the Town of New Canaan, with the implementation of fines for zoning
violations.
This ordinance is adopted pursuant to §§ 8-12a
and 7-152c of the Connecticut General Statutes.
For purposes of this ordinance, the following words shall have
the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning. Words not specifically defined
shall carry their customary meaning.
The Planning and Zoning Commission of the Town of New Canaan.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind.
The Zoning Regulations of the Town of New Canaan, as the
same may be amended from time to time.
The person or persons designated by the Commission to enforce
the Zoning Regulations, and includes any Assistant Zoning Inspectors.
A.
The
Zoning Inspector is hereby authorized to issue citations to any person
who commits a violation of the New Canaan Zoning Regulations adopted
by the Planning and Zoning Commission, to the extent and in the manner
provided by this ordinance. In such instances, each citation will
apply jointly and severally to the owner of the property in question
and the person in possession and control of the property, and his/her
agents, contractors and subcontractors. Each day that any violation
continues shall be deemed a separate offense for which a separate
fine may be applied.
B.
Any
such citation may be delivered either by hand delivery or by certified
mail to the person named in such citation. The Zoning Inspector issuing
a citation shall retain a copy of the citation. In addition, the issuance
of a citation shall be reported to the Planning and Zoning Commission.
A citation may be issued by the Zoning Inspector for any violation
of the New Canaan Zoning Regulations, including, without limitation,
the following types of violations:
A.
The
construction, installation, alteration, conversion, or maintenance
of any building or structure without a proper zoning permit allowing
the same;
B.
The
use of any building, structure or land without a proper zoning permit
allowing the same;
C.
Any
violation concerning signage;
D.
Any
violation concerning earth excavation, filling, or grading;
E.
Any
violation of the parking regulations;
F.
Any
violation of any other Zoning Regulation; and
G.
Any
violation of the conditions of a zoning permit.
The fine for each occurrence of a violation shall be the greater
of $150, or the maximum amount allowed by § 8-12a of the
Connecticut General Statutes, as the same may be amended from time
to time. The fine shall be payable to the Treasurer of the Town of
New Canaan. Each day that any violation continues shall be deemed
a separate occurrence, for which a separate fine may be applied.
The issuance, payment, and procedure to contest a citation shall be in accordance with Connecticut General Statutes § 7-152c and the citation hearing procedure in Chapter 11 of the Code of the Town of New Canaan.
The First Selectman of the Town of New Canaan shall appoint
one or more Citation Hearing Officers to conduct the hearings provided
by Connecticut General Statutes § 7-152c, provided that
no New Canaan Zoning Inspector, New Canaan Building Inspector, nor
any member of the New Canaan Planning and Zoning Commission, nor any
member of the New Canaan Zoning Board of Appeals, nor any police officer
or other Town employee may be appointed as a hearing officer.
The provisions of this ordinance are in addition to, and not
in lieu of, any other remedies available to the Zoning Inspector,
the Planning and Zoning Commission, and the Town of New Canaan, under
the Zoning Regulations, the Town Code, the Connecticut General Statutes,
or the common law. The issuance of citations under this ordinance
shall not preclude the exercise of such other remedies.
