[HISTORY: Adopted by the Representative Town Meeting of the
Town of Branford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-10-2020]
Pursuant to Sections 7-148(c)(10)(A) and 7-152c of the Connecticut General Statutes, as such sections may be amended from time to time, the Town of Branford (the Town) hereby adopts the following procedure for citations issued for violations of Town ordinances other than violations of regulations promulgated by the Town of Branford Inland Wetlands Commission pursuant to § 109-5 of the Code of the Town of Branford and/or regulations promulgated by the Planning and Zoning Commission for the Town of Branford. Violations subject to the procedures set forth herein shall be referred to as "violations."
Citations for violations shall be issued by an Enforcement Officer
appointed by the Board of Selectmen of the Town of Branford.
The Board of Selectmen shall appoint one or more persons who
shall serve as Hearing Officer(s) ("Hearing Officer") to conduct hearings
into violations. Hearing Officers shall be residents of the Town eligible
to vote, but no police officer or any employee or person authorized
to issue citations for the violations of any Town ordinance shall
be permitted to serve as a Hearing Officer. If Hearing Officers have
not been appointed, then the Board of Police Commissioners shall act
as the Hearing Officer when hearings are required.
As used herein, the following terms shall have the meanings
indicated:
Any form of mail, whether by the United States Postal Service
or a private mail carrier, whereby the intended recipient is requested
to provide a signed receipt showing that he or she received the mailing.
A person other than a police officer empowered to issue citations pursuant to § 227-5 who has been appointed by the Board of Selectmen.
The direct delivery of a document to a recipient by an Enforcement
Officer, or any form of delivery to the last-known address of an intended
recipient by the United States Postal Service or by any private mail
carrier, whereby the carrier provides a written confirmation of delivery
to the Citation Officer.
A person appointed a Municipal Citations Hearing Officer by the Board of Selectmen pursuant to § 227-3 hereof and who is authorized under C.G.S. § 1-24 to administer oaths or, in the absence of such Hearing Officer(s), the Board of Police Commissioners.
A natural person, or a group of natural persons, corporation,
partnership, limited partnership, limited-liability company, or any
such other entity or association which exists under law.
Citations for violations may be issued by an Enforcement Officer appointed pursuant to § 227-2.
A.
Initial warning. Before any Enforcement Officer may issue a citation,
he or she must issue a written Initial warning notice informing the
recipient of the nature of the violation (a "warning"). Any such warning
may be served either by hand delivery or by certified mail and by
regular United States Mail to the person named in such warning. The
Enforcement Officer shall file and retain an original or certified
copy of the initial notice, as well as any delivery confirmation or
return receipt from certified mail, whether or not the mail was accepted.
The date of delivery of the initial notice shall be deemed to be the
earlier of:
B.
Citation. An Enforcement Officer may issue a citation (a "citation") to any person who has received a warning pursuant to § 227-5A if such Enforcement Officer finds that the violation described in the initial notice has not been fully abated by the end of the second day after the date of delivery of such warning. At the discretion of the Enforcement Officer, a longer period may be granted if in his/her opinion abatement cannot reasonably be accomplished within two days. A citation may be served either by hand delivery or by certified mail to the person named in such citation. If the person named in a citation sent by certified mail refuses to accept such mail, the original or a certified copy of the original citation may be sent by regular United States Mail. The Enforcement Officer shall file and retain an original or certified copy of the citation, as well as any delivery confirmation or return receipt from certified mail, whether or not the mail was accepted. The date of delivery of the citation shall be deemed to be the earlier of:
The penalties and/or fines for violations shall be limited to
such penalties and/or fines as may be stipulated within the ordinance
identified in a citation.
A.
Upon receipt of a citation, a cited person may:
(1)
Pay the full amount of the fines, penalties, costs or fees in person
or by mail by check made payable to the Treasurer of the Town of Branford
at the address specified in the notice; provided, however, that such
payment shall be inadmissible in any proceeding, civil or criminal,
to establish the conduct of the cited person or other person making
the payment; or
B.
Any person who has received a citation and failed to request a hearing within the prescribed period or make payment within 30 days of the date of the citation shall be deemed to have admitted liability, and the issuing official shall certify the cited person's failure to respond and thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinance in accordance with the procedures set forth in § 227-10 below.
Any cited person who requests a hearing in accordance with § 227-7 shall be given advance written notice of the date, time and place for such hearing ("notice"). The hearing shall be held not less than 15 days nor more than 30 days from the date of the notice, provided that the Hearing Officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance of the date of the hearing. An original or certified copy of the warning and the citation issued by the Enforcement Officer shall be filed and retained by the Town Clerk 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. The Hearing Officer shall conduct a hearing in the order and form and with such methods of proof as the Hearing Officer 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 a decision at the end of the hearing. If the Hearing Officer determines that the cited person is not liable, then the matter shall be dismissed, and the Hearing Officer's determination shall be entered in writing accordingly. If the cited person is found liable for the violation, the Hearing Officer shall forthwith enter and assess the fines, penalties, costs or fees against the cited person as provided by the applicable ordinance. Such fines will be due and payable within 30 days of the Hearing Officer's assessment notice pursuant to § 227-10.
The presence of the Enforcement Officer who has issued the warning
and the citation shall be required at the hearing if the cited person
so requests. The Hearing Officer may, in his or her reasonable discretion,
allow any Town official or other person to present evidence pertaining
to the citation being heard, provided such person gives such testimony
under oath. The cited person wishing to contest liability shall appear
at the hearing and may present evidence in his or her behalf. The
Hearing Officer may, however, accept from the cited person copies
of police reports, investigatory and citation reports and other official
documents by mail and may determine thereby that the appearance of
the cited person at the hearing is unnecessary. If the cited person
fails to appear and such appearance has not been determined by the
Hearing Officer to be unnecessary, the Hearing Officer shall enter
an assessment by default against the cited person upon a finding of
proper notice and liability under the applicable 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
("assessment notice") to the cited person. If such assessment is not
paid within 30 days of the date of the mailing of such assessment
notice, the Hearing Officer shall file, not less than 30 days nor
more than 12 months after such mailing, a certified copy of the assessment
notice with the Clerk of the Superior Court at New Haven, together
with such entry fee as may be required by the Superior Court. The
certified copy of the assessment notice shall constitute a record
of assessment. Within such twelve-month period, assessments against
the same cited person may be accrued and filed as one record of assessment.
The Clerk of such Court shall enter judgment, in the amount of such
record of assessment and court costs, against the cited person in
favor of the Town. Notwithstanding any other provision 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 of such judgment may issue without further notice
to the cited person.
A cited person against whom an assessment has been entered pursuant
to this article is entitled to judicial review by way of appeal. Any
appeal shall be instituted within 30 days of the date of an assessment
notice by filing a petition to reopen such assessment, together with
an entry fee in an amount equal to the entry fee for a small claims
case pursuant to Section 52-259 of the Connecticut General Statutes,
in the Superior Court at New Haven, which shall entitle the cited
person to a hearing in accordance with the rules of the Superior Court.
