[HISTORY: Adopted by the Town Meeting of the Town of Middlefield
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 1, § 1-11, of the 1990 Code)]
Whenever in this Code or any other ordinance of the Town, or
rule or regulation promulgated by any officer thereof under authority
vested in him by law or ordinance, any act is prohibited or is declared
to be unlawful or an offense, or the doing of any act is required,
or the failure to do any act is declared to be unlawful, where no
specific penalty is provided, the violation of such ordinance, rule
or regulation shall be punished by a fine not exceeding $250. Each
day any such violation shall continue shall constitute a separate
offense.
The imposition of any punishment hereunder shall not prevent
the enforced abatement of any lawful condition by the Town.
In all cases where the same offense is made punishable or is
created by different clauses or sections of this Code, the Board of
Selectmen may elect under which to proceed.
Any condition caused or permitted to exist in violation of any
of the provisions of this Code officially designated as such and each
day that such condition continues shall be regarded as a new and separate
offense.
[Adopted 8-16-2011]
The purpose of this article is to establish a citation hearing
procedure in accordance with Connecticut General Statutes §§ 7-148(c)(10)(A),
7-152b and 7-152c, to be followed in all instances when citations
are issued by Town of Middlefield ("Town") municipal officials.
A.
Regulations and ordinances of the Town may be enforced by citations
issued by designated municipal officers or employees, provided that
the regulations and ordinances have been designed specifically by
the Town for enforcement by citation in the same manner in which they
were adopted and the designated municipal officer or employee issues
a written warning providing notice of the specific violation before
issuing the citation.
B.
The Board of Selectmen shall appoint one or more citation hearing
officers, other than police officers or employees or persons who issue
citations, to conduct the hearings authorized by this section.
C.
After a citation has been issued and the fine or penalty has not
been paid, the Town shall send notice of hearing to the alleged violator
promptly (and no later than 12 months after the expiration of the
final period for the uncontested payment of fines, penalties, costs
or fees for any citation issued under any ordinance of the Town for
an alleged violation). Such notice of hearing shall inform the violator
cited of the following:
(1)
The allegations against the violator and the amount of the fines,
penalties, costs or fees due.
(2)
That the alleged violator cited may contest liability by delivering
in person or by mail, within 10 days of the date of the notice of
hearing, written notice that the alleged violator desires to contest
liability before a citation hearing officer.
(3)
That, if the alleged violator does not demand such a hearing, an
assessment and judgment shall enter on the allegations for the amount
of the fines, penalties, costs or fees due.
(4)
That such judgment may issue without further notice.
D.
Admission of liability.
(1)
If the alleged violator to whom notice has been sent pursuant to Subsection C above wishes to admit liability for any alleged violation, the alleged violator may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees in person or by mail to the official designated by the Town.
(2)
Any alleged violator who does not deliver or mail a written demand for a hearing within 10 days of the date of the notice of hearing provided in Subsection C above shall be deemed to have admitted liability, and the designated municipal official shall certify to the hearing officer such person's failure to respond. The hearing officer shall thereupon enter and assess the fines, penalties costs or fees provided for by law and shall follow the procedures set forth in Subsection F below.
E.
Hearing.
(1)
Any alleged violator 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 such notice, provided that the hearing officer shall
grant, upon good cause shown, any reasonable request by an interested
party for postponement or continuance.
(2)
An original or certified copy of the initial notice of violation
issued by the issuing official shall be filed and retained by the
Town, shall be deemed to be a business record within the scope of
Connecticut General Statutes § 52-180 and evidence of the
facts contained therein. The presence of the issuing official shall
be required at the hearing if such person so requests. The alleged
violator shall appear at the hearing and may present evidence. A designated
Town official, other than the hearing officer, may present evidence
on behalf of the Town. If the alleged violator fails to appear, the
hearing officer may enter an assessment by default against the alleged
violator upon a finding of proper notice and liability under the applicable
ordinance. The hearing officer may accept from such alleged violator
copies of police reports, investigatory and citation reports, and
other official documents by mail and may determine thereby that the
appearance of such alleged violator is unnecessary; however, the alleged
violator must appear at any hearing for which the alleged violator
requested the presence of the official who issued the notice of violation.
(3)
The hearing officer shall conduct the hearing in the order, 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 the decision at
the end of the hearing.
(4)
If the hearing officer determines that the alleged violator is not
liable, the hearing officer shall dismiss the matter and enter a written
determination to that effect. If the hearing officer determines that
the alleged violator is liable for the violation, the hearing officer
shall forthwith enter and assess the fines, penalties, costs or fees
against such alleged violator as provided by the ordinance. When the
ordinance being enforced requires that a notice of violation be issued
and not complied with before a citation is issued, and allows for
a separate appeal from the notice of violation, the hearing officer
on appeal from the citation shall not reverse or modify the finding
of a violation. Instead, the hearing officer, when affirming or reversing
the decision to issue a citation, may determine whether the violation
has been corrected since the finding of violation became final.
F.
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 12 months after such mailing, a certified copy of the notice
of assessment with the Clerk of the Superior Court for the geographical
area in which the Town is located, together with such entry fee as
the Connecticut General Statutes may require. The certified copy of
the notice of assessment shall constitute a record of assessment.
Within such twelve-month period, assessments against the same person
may be accrued and filed as one record of assessment. The clerk of
the court shall enter judgment in the amount of such record of assessment
and court costs of the entry fee against such 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
on such judgment may issue without further notice to such person.
G.
The person against whom an assessment has been entered pursuant to
this section is entitled to judicial review by way of appeal. An appeal
shall be instituted within 30 days of the mailing of notice of such
assessment by filing a petition to reopen assessment, together with
an entry fee in an amount equal to the entry fee for a small claims
case pursuant to Connecticut General Statutes § 52-259,
at a Superior Court facility designated by the Chief Court Administrator,
which shall entitle such person to a hearing in accordance with the
rules of the Judges of the Superior Court.
The fine, penalty, cost or fee imposed under this article for
any single violation shall not exceed the amount of $250, unless otherwise
specifically provided by the Connecticut General Statutes. This section
shall not preclude each day of noncompliance after service of the
citation from constituting a new violation for which a fine may be
imposed.
All monies received pursuant to the procedure set forth above
shall be remitted to the office of the Town Treasurer.
