Town of Wilton, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Wilton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-2-1997]
Pursuant to the authority vested in municipalities under Connecticut General Statutes Section 8-12a, the Zoning Enforcement Officer is authorized to issue citations for violations of the Zoning Regulations of the Town of Wilton to the extent and in the manner provided by this ordinance.
As used in this ordinance, the following terms shall have the meanings indicated:
CITATION
A written statement of the relevant conditions and facts giving rise to the zoning violation, including a reference to the specific sections of the Zoning Regulations that have been violated.
PERSON
Any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivision thereof.
TOWN
The Town of Wilton, Connecticut.
VIOLATION
Any activity conducted by an owner or occupant of the property or condition of the property that does not conform to the Zoning Regulations. Such condition shall include the placement of signs on or off the property that do not comply with the Zoning Regulations.
VIOLATOR
Any person cited as a party to a violation.
A. 
Any citation issued hereunder shall be served upon the person named in such citation by either in-hand service made by the Zoning Enforcement Officer or any sheriff or constable having authority to serve civil process in the State of Connecticut; or by mailing such citation to the person named therein by certified mail, return receipt requested. 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 a duplicate original or certified copy of the citation.
B. 
Citations may be issued for any violation or violations of the Zoning Regulations of the Town of Wilton.
C. 
The fine for each citation shall be $150, payable to the Treasurer of the Town of Wilton.
Any person receiving such a citation shall be allowed a period of 30 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 § 9B-3 of this ordinance, the date of receipt of the citation shall be deemed to be three business days after the date of mailing of the citation.
A. 
All appeals shall be made in accordance with the procedures established in Section 7-152c of the Connecticut General Statutes. The presence of the Zoning Enforcement Officer shall be required at the hearing if requested by the violator. All testimony shall be given under oath or affirmation.
B. 
Within 15 days of the receipt of a citation, any person who has been issued a citation may make a written request to contest such citation before a hearing officer. 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 nor more than 30 days from the date of the mailing of the notice. At the hearing, the violator shall have the opportunity to present evidence why he or she should not be subject to the issued citation. The Zoning Enforcement Officer may present evidence on behalf of the municipality. If the violator 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 violator in lieu of a personal appearance. The Hearing Officer shall conduct the hearing in order and form and with such methods of proof as he or she deems fair and appropriate. The Hearing Officer shall announce his or her decision at the end of the hearing.
C. 
If the Hearing Officer determines that the violator is not liable, the Hearing Officer shall dismiss the matter and enter that determination in writing accordingly. If the Hearing Officer determines that the violator is liable for the violation, the Hearing Officer shall forthwith enter and assess the fines against such person as provided by this ordinance.
D. 
If such assessment is not paid within five business days following the date of the hearing, the Hearing Officer shall send by first class mail a notice of the assessment to the violator and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court for Norwalk, together with an entry fee of $8. Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.
The First Selectman of the Town of Wilton shall appoint one or more citation Hearing Officers to conduct the hearings provided for by this ordinance. Neither the Zoning Enforcement Officer, the Building Inspector nor any employee of the Town of Wilton may be appointed as a Hearing Officer pursuant to this ordinance.
This ordinance shall take effect on September 23, 1997.
[Adopted 10-6-1997]
A. 
Pursuant to the authority vested in municipalities under Connecticut General Statutes Section 22a-42g, the Town of Wilton Inland Wetlands Commission, as appointed by the First Selectman, shall be empowered to issue citations for repeated violations of Wilton's Inland Wetlands and Watercourses Regulations.
B. 
The purpose of this ordinance shall be to encourage first time violators to learn and abide by Wilton's Inland Wetlands and Watercourses Regulations by imposing fines on only repeat violators.
As used in this ordinance, the following terms shall have the meanings indicated:
COMMISSION
The Inland Wetlands Commission of the Town of Wilton.
COMMISSION MEMBER
A member of the Inland Wetlands Commission of the Town of Wilton.
DESIGNATED AGENT
An individual(s) designated by the Commission to carry out specific functions and purposes subject to the Commission's review.
HEARING OFFICER
The person designated by the First Selectman to hear appeals of this ordinance.
PERSON
Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
TOWN
The Town of Wilton, Connecticut.
A. 
Any enforcement action resulting in a written notice of permit suspension or cease and desist order as upheld by the Commission or notice of violation; and/or
B. 
Any notice of failure to conform with written directives of the Commission.
VIOLATOR
Any person cited as a party to a violation.
A. 
The office of the Inland Wetlands Commission shall keep on file a record of violations, including the identity of the violator, date of issuance, parcel(s) involved and synopsis of the violations and its resolution. Any violator who, as of the effective date of this ordinance, has previously been named as party to a violation, whether affecting the same parcel or a different parcel, shall be issued a citation in accordance with the attached schedule of fines. Any such citation may be issued either by hand or by certified mail, return receipt requested. If the violator named in such citation fails or refuses to accept such mail, the citation may be sent by regular United States mail. The Office of the Commission shall retain an original or certified copy of the citation.
B. 
The violator shall have 30 days from his or her receipt of the citation to make an uncontested payment of the fine to the Town of Wilton. If the citation has been sent by regular mail pursuant to the provision in § 9B-9A of this ordinance, the day of receipt of the citation shall be considered to be three business days after the date of mailing of the citation.
C. 
Any fine paid pursuant to the provisions of this ordinance shall be in addition to the cost of any permit application or corrective action permit application which may be required.
In accordance with C.G.S. Section 22a-42g, all appeals shall be made in accordance with the procedures established in C.G.S. Section 7-152c, including, but not limited to, the following procedures:
A. 
Within 15 days of the receipt of a citation, the violator may submit a written request to contest such citation. A hearing date with the Hearing Officer shall be set for a date not less than 15 days nor more than 30 days following the receipt of the written request. Any person requesting a hearing shall be given written notice of the date, time and place of such hearing. At the hearing, the violator shall have the opportunity to present evidence why he or she should not be subject to the issued citation. The Commission's designated agent(s) or Commission member(s) may present evidence at the hearing on behalf of the Commission and may be questioned by the Hearing Officer. If the person requesting the hearing fails to appear, the Hearing Officer may enter an assessment by default against him or her upon finding of proper notice and liability under the applicable provisions of the Wilton Inland Wetlands and Watercourses Regulations. The Hearing Officer shall make the final decision at the end of the hearing and provide written notice to the person and the Commission within 10 days. If it is the decision of the Hearing Officer to find the person liable, the fine shall be paid by the person within 30 days of receipt of the written decision. Appeals of the Hearing Officer's decision may be taken to the Superior Court.
B. 
If such fine is not paid within the prescribed time period, the Commission shall send by first class mail, a notice of the assessment to the violator and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court, together with an entry fee. Further, proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.
Notwithstanding the foregoing, pursuant to Section 22a-42g of the Connecticut General Statutes, no fine shall be levied against the State of Connecticut or any employee thereof acting within the scope of his or her employment. Likewise, no fine shall be levied against the Town of Wilton or any employee thereof acting within the scope of his or her employment.
This ordinance shall take effect October 27, 1997.
A. 
Persons having committed one prior violation: $250.
B. 
Persons having committed two prior violations: $500.
C. 
Persons having committed three or more prior violations: $1,000.