The Commission shall be organized in accordance with the applicable Statute of the State of Connecticut (Sec. 7-147c) and the enabling ordinance-Borough of Newtown Historic District of the Borough of Newtown.
A. 
There shall be appointed by the Board of Burgesses of the Borough of Newtown an Historic District Commission (hereinafter referred to as Commission) consisting of five regular members and three alternate members. The Board of Burgesses shall designate one regular member to serve until July 8 of each of the years 1997, 1998, 1999, 2000, 2001 and three alternate members to serve until July 8 of each of the years of 1997, 1998, and 1999. Thereafter, each year the Board of Burgesses shall appoint a regular member for a five-year term to begin on July 9 of that year. and an alternate member for a five year term to begin on July 9 of that year.
B. 
Vacancies shall be filled for the unexpired term and in the same manner as the original appointment.
C. 
Alternate members, when seated, shall have all powers and duties of a regular member of the Commission.
D. 
The Board of Burgesses shall have the authority to remove a Commission member for cause, which, among other things, will include the failure to attend Commission meetings on a regular basis. The Chairperson of the Commission shall inform the Warden and the Board of Burgesses regarding a regular Commission member's failure to attend six regular monthly meetings of the Commission in a year.
E. 
Any member who shall cease to possess any of the statutory or ordinance qualifications required by law shall forthwith forfeit his or her office.
A. 
The Commission, by a majority of its membership, shall elect annually a chairperson, a vice chairperson and a clerk/secretary from its own members. The first election shall occur at the first organizational meeting of the Commission and the elected chairperson, vice chairperson and clerk/secretary shall hold their offices until July 1997, where thereafter annual elections at each July monthly meeting will commence.
B. 
The Chairperson shall preside at all meetings and hearings of the Commission and shall have the duties normally conferred by parliamentary usage of such affairs. The Chairperson shall have the authority to appoint committees, call special meetings and generally perform other duties as may be prescribed in these rules.
C. 
The Vice-Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson; the Vice Chairperson shall perform such duties as are imposed on the Chairperson until such time as the Commission shall select a new Chairperson.
D. 
The Clerk/Secretary shall keep the records of the Commission, act as Clerk/Secretary to the meetings of the Commission, keep minutes and records of the Commission, provide notice of all meetings to all Commission members, and perform those duties normally carried out by a Clerk/Secretary. The Clerk/Secretary shall also act as Treasurer if applicable.
E. 
The Commission shall keep a permanent record of its resolutions, transactions and determinations and of the vote of each member participating therein.
F. 
The officers of the Commission shall perform such additional duties and functions as may from time to time be required by the Rules and Regulations of the Commission.
G. 
Should the office of Chairperson, Vice Chairperson, or Clerk/Secretary become vacant, the Commission shall elect a successor at a regular or special meeting, and such election shall be for the unexpired term of said office.
H. 
Any member may, upon proper order, process Applications for a Certificate of Appropriateness for review and approval of the Commission, arrange proper and legal advertisements and warnings of public hearings, perform such duties as are duly authorized by law and agreed to by majority of the sitting Commission members.
I. 
In the absence of the Chairperson and Vice-Chairperson, the regular Commissioners present shall elect a Chairperson pro tem.
A. 
Alternates to the regular commissioners shall be appointed on as close to a rotating basis as possible so that they shall act as nearly an equal number of times as possible. When any alternate is not available in accordance with the rotation schedule, such fact shall be recorded in the minutes of the meeting. Alternates shall be appointed by the acting Chairperson at the Meeting.
B. 
Alternate members when appointed, shall have all powers and duties of a regular member of the Commission.
C. 
Alternates may serve on any committees.
Committees will be appointed and dissolved as needs and projects require. Membership will be at the discretion of the Commission.
A. 
The members of the Commission shall serve without compensation, but shall be reimbursed for their necessary and reasonable expenses in the performance of their statutory duties.
B. 
The Commission may accept grants and gifts, and incur other reasonable expenses appropriate to the carrying on of its work, subject to appropriation by the Board of Burgesses or receipt of such grants or gifts.
C. 
The Commission may open bank accounts, checking accounts, and transact financial business when necessary within the scope of the law.
A. 
The Historic District Commission shall have the right to modify the Rules and Regulations contained herein as they deem necessary to improve the workability, as well as effectiveness of said Rules and Regulations.
B. 
Changes shall conform to limits as prescribed and as amended in municipality and State regulations previously herein referred to.
C. 
Proposed changes shall be submitted to public hearing prior to adoption by majority vote of the Historic District Commission.
Within 60 days after adoption of rules, regulations and amendments thereto, the Commission shall make reasonable efforts to distribute copies to all property owners within the Historic District, the Building Inspector, the clerks of the Borough and Town, the Warden, the Board of Burgesses and the First Selectman of the Town of Newtown.
A. 
The Building Inspector, Borough Attorney, and any Commissioner, or any other lawful official shall enforce the Regulations and orders of the Commission.
B. 
The enforcement officer shall require in writing the remedy of any condition that is found to be in violation of these regulations. The written order shall state the violation and advise the individual of the Commission's designated completion date to remedy such violation. Such time limit may be determined by the Commission in conjunction with the enforcement officer, and may be extended by the Commission after meeting with the responsible party and reviewing the circumstances of the violation. It is the intent of this provision to allow appropriate time for violation correction due to weather and/or building trades person or material problems and not to permit in action due to procrastination.
C. 
The enforcement officer shall be authorized to inspect and examine any building, structure, place or premise for violations of these regulations as per the Connecticut General Statutes, Section 7-147h, as amended.
D. 
Failure to correct such a violation in an appropriate amount of time, as outlined above, shall result in the Commission causing action to be instituted in the Superior Court as stipulated by the Connecticut General Statutes, Section 7-147h, as amended. Such action shall include pursual of a fine of not less than $10 nor more than $100 for each day that such violation continues; but, if the offense is willful, the person convicted thereof shall be fined not less than $100 not more than $250 dollars for each day that such violation continues. Each day that violation continues to exist shall constitute a separate offense. All costs, fees and expenses in connection with actions under this Section may, in the discretion of the Court, be assessed as damages against the violator, which, together with responsible attorney's fees, be awarded to the Commission. Any funds collected as fines pursuant to this section shall be used by the Commission to restore the affected buildings, structures, or places to their condition prior to the violation wherever possible, and any excess shall be paid to the municipality in which the district is situated. (Connecticut General Statutes, Section 7-147(b), as amended.)
E. 
Should the enforcing officers fail to act in a timely fashion upon the written request of the Commission to enforce a specific violation, the Commission may retain independent counsel to seek appropriate action.
Any person or persons severally or jointly aggrieved by any decision of the Commission or of any officer thereof may, within 15 days from the date when such decision was rendered, take an appeal to the Superior Court in accordance with General Statutes Section 7-147i. Notice of such appeal shall be given by leaving a true and attested copy thereof in the hands of or at the usual place of abode of the Chairperson or Secretary of the Commission within 12 days before the return date to which such appeal has been taken.
A. 
Notice of the date of such hearings shall be mailed to the applicant not more than 15 days or less than five days before the set date for the hearing. The Commission shall cause a notice of the hearing to be published in a newspaper, under Legal Notices, having circulation in the Town of Newtown not more than 15 days or less than five days before the date set for the public hearing.
B. 
Such notice shall contain the name of the applicant, the property affected and the date, time, and place of the meeting.