[HISTORY: Adopted by the Board of Selectmen of the Town of
Brookfield 9-10-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands and watercourses — See Ch. 220.
This chapter, which shall be known as the "Brookfield Inland
Wetlands Penalty Ordinance, is hereby adopted pursuant to the provisions
of Public Act No. 96-210 of the State of Connecticut.
A.
The Inland Wetlands Commission of the Town of Brookfield is hereby authorized to direct the Inland Wetlands Enforcement Officer of the Town of Brookfield, or any duly authorized assistant Inland Wetlands Enforcement Officer, to issue a citation to and recommend a fine, as hereinafter set forth, upon any property owner of record as of the date of issuance of said citation, or other person who is found to be in violation of any of the following provisions of the Inland Wetlands Regulations of the Town of Brookfield as set forth in Chapter 220 of the Code of the Town of Brookfield, as amended.
B.
The Inland Wetlands Commission of the Town of Brookfield shall have
the authority to uphold, suspend, or revise such citations, as well
as review, uphold, rescind, or amend recommended fines, conduct hearings
related to appeals, and impose other actions as appropriate.
A.
Each violation of any of the provisions of the Brookfield Inland
Wetlands Regulations shall constitute a separate and distinct violation
under this chapter, for which a citation may be issued which shall
cause written notice of the violation, proposed fine, and right to
appeal to be delivered to or served upon the property owner and/or
violator. In the case of a continuing violation, each day's continuance
thereof shall be deemed to be a separate and distinct violation.
B.
The Inland Wetlands Enforcement Officer or any duly authorized assistant
Inland Wetlands Enforcement Officer may recommend fines as appropriate.
The determination of the amount of such fines shall be based on the
guideline included herein. The amount of such fines shall not exceed
the amounts indicated for each offense.
|
Code Section
|
Violation
|
Fine
| |
|---|---|---|---|
|
§ 220-5C
|
The conduct of activities delineated in § 220-5C without
the required permit pursuant to § 220-7
|
Up to $1,000
| |
|
§ 220-5D
|
Failure to inform the Agency or provide necessary data as mandated
by § 220-5D prior to the commencement of any operation
|
Up to $1,000
| |
|
§ 220-12K(4)
|
Failure to control stormwater discharges, prevent erosion and
sedimentation, or prevent pollution of wetlands and watercourses
|
Maximum $1,000
| |
|
§ 220-12K(8)
|
Failure to conform to the terms, conditions, limitations or
modifications set forth in any permit, including any time period established
therein
|
Up to $1,000
| |
|
§ 220-13
|
Failure to post the required bond or to obtain liability insurance
as required by the Agency
|
Up to $1,000
|
Fines imposed pursuant to this chapter must be paid within 30
days from the date of the citation. Any person wishing to contest
such citation may make written request for a hearing before a hearing
officer or Commission pursuant to the provisions of § 7-152c
of the Connecticut General Statutes and § 220-22B of the
Code of the Town of Brookfield.
