[HISTORY: Adopted by the Board of Burgesses of the Borough of Newtown as indicated in article histories. Amendments noted where applicable.]
[Adopted effective 12-30-1974]
If a regular member of either the Zoning Commission or Zoning Board of Appeals is absent or is disqualified, and if there are no alternate members of such Commission or Board present or qualified, the Chairman of such Commission or Board may choose an Elector of the Borough of Newtown to act as a member of such Commission or Board in the hearing and determination of any matter before the Commission or Board. In the event that the Chairman of such Commission or Board is absent or disqualified, a majority of such Commission or Board may choose an Elector of the Borough of Newtown to act as a member of such Commission or Board in the hearing and determination of any matter.
No Elector of the Borough of Newtown shall be eligible to be appointed as a member of the Zoning Commission or Zoning Board of Appeals pursuant to the Ordinance with respect to any matter in which he is directly or indirectly interested in a personal or financial sense.
This ordinance has been adopted pursuant to the provisions of Section 8-11 of the General Statutes, as amended.
This ordinance shall become effective on December 30, 1974.
That the Zoning Enforcement Officer is authorized to issue citations for violations of the Zoning Regulations of manner provided by this Ordinance. 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. The Zoning Enforcement Officer shall file and retain original or certified copy of the citation.
That a citation may be issued for any violation of the Zoning Regulations of the Borough of Newtown, State of Connecticut.
That the fine for each such citation shall be $100 payable to the Treasurer of the Borough of Newtown.
That any person receiving such a citation shall be allowed a period of 30 days from his or her fine 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 provisions of paragraph 1 of this Ordinance, 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 paragraph 4 of this Ordinance, the Zoning Enforcement Officer shall send a notice to the person cited, informing such person: (1) of the allegations against him or her and the amount of the fines; (2) that the person cited may contest liability before a Hearing Officer appointed by the Warden of the Borough of Newtown, as provided in paragraph 9 of this Ordinance, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing; (3) that if the person cited does not demand such a hearing, an assessment and judgment shall be entered against him or her, and (4) that such judgment may issue without further notice.
If the person who is not sent notice pursuant to paragraph 5 of this Ordinance 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 Treasurer of the Borough of Newtown. 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 a written demand for a hearing within 10 days of the date of the notice described in paragraph 5 of this Ordinance 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 Ordinance and shall follow the procedures set forth in paragraph 8 of this Ordinance.
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 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 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 may present evidence on behalf of the municipality. If 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 may accept written information by mail from the person who received the citation and may determine thereby that the appearance of such person is unnecessary. 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. 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 Ordinance.
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 twelve months after with the Clerk of the Superior Court for Geographical Three, together with an entry fee of $8. Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.
The Warden of the Borough of Newtown shall appoint one or more citation Hearing Officers to conduct the hearings provided by this Ordinance. Neither the Zoning Enforcement Officer, the Building Inspector, nor any employee of the Borough of Newtown or Borough of Newtown Zoning Commission may be appointed as a Hearing Officer pursuant to this Ordinance.