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It is hereby ORDAINED by the Board of Selectmen of the Town of Cromwell that
Chapter 236 of the Cromwell Code be amended so as to add the following Article I:
ARTICLE I
Citation Procedures and Fines for Zoning Violations
§236-1. Authorization to Issue Citations The Zoning Enforcement Officer/Development Compliance Officer designated in accordance with Connecticut General Statutes §8-12 and the Zoning Regulations of the Town of Cromwell ("Zoning Enforcement Officer") is authorized to issue citations for violations of the Zoning Regulations of the Town of Cromwell ("Zoning Regulations") to the extent and in the manner provided by this Chapter. 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 an original or certified copy of the citation. A citation may be issued for those types of zoning violations specified in §236 of this Chapter. The fines set forth in this Article shall be in addition to, and not in lieu of, any penalties or remedies set forth in Connecticut General Statutes §8-12, as amended.
§ 236-2. Schedule of Fines and Violations
The fine for each such citation shall be in accordance with the following schedule:
NATURE OF VIOLATION
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AMOUNT OF FINE |
Construction of any principal building or structure
without a use permit or a zoning permit,
as the case may be
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$
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Alteration of any principal building or structure
without a use permit or a zoning permit,
as the case may be
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$
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Construction of an accessory
building without a use permit or a zoning permit,
as the case may be
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$
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Construction of an accessor
structure, other than a building, without
a zoning permit
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$
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Alteration of any accessory
building or use, without a use permit or zoning permit,
as the case may be
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$
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Alteration of any accessory
structure, other than a building, without
a use permit
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$
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Conducting an unauthorized
use in any zone
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$
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Violation of plans, conditions, or other
elements of an approved Special Permit/
Special Exception, as applicable
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$
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Violation of plans, conditions, or other
elements of approved use permit or zoning permit,
as the case may be
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$
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Violation of plans, conditions, or other
elements of an approved variance
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$
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Violation of plans, conditions, or other
elements of an approved erosion and sedimentation
control plan
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$
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Any other violation not listed above
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$
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§ 236-3. Uncontested Payment of Citation
Any person receiving such a citation shall be allowed a period of sixty (60) days from his or her 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 §236-1 of this Chapter, the day of receipt of the citation shall be deemed to be three (3) business days after the day of mailing of the citation.
§ 236-4. Procedure to Contest Citations
| A. |
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 §236-3 of this Chapter, 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 First Selectman, as provided in §236-5 of this Chapter, by delivering, in person or by
mail, within ten (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. |
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| B. |
If the person who is sent notice pursuant to preceding paragraph 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 Town Clerk. All fines shall be made payable to the Treasurer of the Town of Cromwell . 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 or mail written demand for a hearing within ten (10) days of the date of the notice prescribed in Paragraph A of this §236-4 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 Chapter and shall follow the procedures set forth in Paragraph E of this §236-4. |
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| C. |
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 fifteen (15) days nor more than thirty (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 the 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 Inland Wetlands and Watercourses 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 Chapter. |
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| D. |
Any person who files an appeal to the Cromwell Zoning Board of Appeals pursuant to Connecticut General Statutes §8-6, which appeal contests the interpretation of the Zoning Regulations employed by the Zoning Enforcement Officer in the subject citation, shall not be excused from requesting a hearing in accordance with Paragraph C hereinabove. The filing of an appeal to the said Board without also requesting a hearing hereunder shall not stay, defeat or negate the procedures and penalties prescribed by this Chapter, except as provided in this Paragraph. The hearing set forth in the preceding paragraph shall proceed, and the Hearing Officer shall make a determination as to liability of the person who received the citation, based upon the facts as determined at that hearing, and assuming the validity of the interpretation of the Zoning Regulations as determined by the Zoning Enforcement Officer. However, the Hearing Officer shall not enter and assess the fines provided by this Chapter unless and until a final, unappealable decision of the said Zoning Board of Appeals has been rendered upholding the interpretation of the Zoning Regulations as employed by the Zoning Enforcement Officer. In the event that such a final, unappealable decision of the said Zoning Board of Appeals has been rendered overturning the interpretation of the Zoning Regulations as employed by the Zoning Enforcement Officer, the Hearing Officer shall dismiss the matter and enter that determination accordingly. |
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| E. |
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 thirty (30) days nor more than twelve (12) months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court for Geographical Area #9, together with an entry fee of Eight Dollars ($8.00). Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes. |
§ 236-5. Appointment of Hearing Officers
In accordance with §1-1.B of this Code, the First Selectman shall appoint one or more citation Hearing Officers to conduct the hearings provided by this Chapter. Neither the Inland Wetlands and Watercourses Enforcement Officer nor any employee of the Town of Cromwell exercising Inland Wetlands and Watercourses authority may be appointed as a Hearing Officer pursuant to this Chapter.
Adopted:
Effective Date:
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