This article, which shall be known as the "Citation
Appeal Procedure Ordinance," is hereby adopted pursuant to the provisions
of Section 7-152c of the Connecticut General Statutes.
In accordance with the provisions of Section
7-152c of the Connecticut General Statutes, the following procedure
is established for the enforcement of municipal citations:
A. At any time within 12 months from the expiration of
the final period for the uncontested payment of fines, penalties,
costs or fees for any citation issued pursuant to the provisions of
the Code of the Town of Brookfield for an alleged violation of any
of the provisions of any of the ordinances contained therein, a designated
officer or employee of the Town shall send notice to the person cited.
Said notice shall inform the person cited:
(1) Of the allegations against him and the amount of the
fines, penalties, costs and fees due;
(2) That he may contest his liability before a citation
hearing officer by delivering in person or by mail written notice
within 10 days thereof;
(3) That, if he does not demand a hearing, an assessment
and judgment may be entered against him; and
(4) That such judgment may issue without further notice.
B. If the person who is sent notice pursuant to the provisions of Subsection
A above wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official or employee designated by the Town. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person, or of the person making payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in Subsection
A above shall be deemed to have admitted liability, and the designated Town official or employee shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinance and shall follow the procedure set forth in Subsection
D of this section.
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 15 days nor more than 30 days from the date
of the mailing 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. An original or certified copy
of the initial notice of violation issued by an issuing officer or
employee of the Town shall be filed with and retained in the records
of the Town and shall be deemed to be a business record within the
scope of Section 52-180 of the Connecticut General Statutes and be
evidence of the facts contained therein. The presence of the issuing
officer or employee shall be required at the hearing if so requested
by the appealing party. A person wishing to contest his liability
shall appear at the hearing and may present evidence in his behalf.
A designated Town official or employee, other than the hearing officer,
may present evidence on behalf of the Town. If the appealing party
fails to appear for the hearing, the hearing officer may enter an
assessment by default against him upon a finding of proper notice
and liability under the applicable statutes and/or ordinances. The
hearing officer may accept written statements from the appealing party,
by mail, together with any relevant supporting documents submitted
by mail by the appealing party, and may determine that the appearance
of the appealing party at the hearing is not necessary. The hearing
officer shall conduct the hearing in order and form and with such
methods of proof as he 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 decision at the end of the hearing. If he determines
that the appealing party is not liable, he shall dismiss the matter
and enter his determination in writing on the record of the proceeding.
If he determines that the appealing party is liable for the violation(s),
he shall forthwith enter and assess the fines, penalties, costs or
fees against the appealing party as provided by the applicable ordinances
of the Town.
D. If such assessment is not paid on the date of its
entry, the hearing officer shall send a notice of the assessment by
first class mail 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, together with the required court entry
fee. The certified copy of the notice of assessment shall constitute
a record of assessment. Within said twelve-month period, assessments
against the same person may be accrued and filed with the Court as
one record of assessment. The Court Clerk shall enter judgment in
the amount of such record assessment, together with court costs, against
such person and in favor of the Town. Notwithstanding any other provision
of the 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.
E. A person against whom an assessment has been entered
by the hearing officer shall be entitled to judicial review by way
of an appeal to the Superior Court. Any such appeal must be instituted
within 30 days of the mailing of the notice of assessment by the filing
of a petition to reopen said assessment with the Superior Court for
the geographical area (GA-3), together with the required filing fee,
and by service of a copy of such petition on the Brookfield Town Clerk.
The filing of a timely petition of appeal shall entitle the appealing
party to a hearing in accordance with the Rules of the Superior Court.
The First Selectman of the Town of Brookfield
shall appoint, with the consent of the Board of Selectmen, not more
than six electors of the Town of Brookfield to be Citation Hearing
Officers. Initial appointments shall be for terms expiring on the
first Tuesday of February 1998. Subsequent appointments shall be for
terms of two years. No person who has the power to issue citations
for the violation of any provision of the Code of Ordinances of the
Town shall be eligible for appointment as a hearing officer.
The Zoning Enforcement Officer of the Town of
Brookfield, or any duly authorized Assistant Zoning Enforcement Officer,
is hereby authorized to issue a citation to and impose a fine, as
hereinafter set forth, upon any property owner or other person which
is found to be in violation of any of the following provisions of
the Zoning Regulations of the Town of Brookfield, as amended.
Zoning Section(s)
|
Type
|
Fine
|
---|
§§ 242-201A and 242-301B
|
Construction of a building or structure contrary
to the cited section number(s) of the regulations
|
$100
|
§§ 242-201A, 242-401A and B,
242-501B, 242-309B
|
Use of property for a purpose(s) which is in
violation of the permitted use provisions of any one or more of the
cited section numbers(s) of the regulations and which does not constitute
a legal nonconforming use of the property
|
$150
|
§§ 242-201A, 242-201B, 242-201C
|
Noncompliance with the area dimensions, access,
or open space provisions of the cited section number(s) of the regulations
|
$150
|
§ 242-301B
|
Use of property without obtaining a certificate
of zoning compliance
|
$100
|
§ 242-301C
|
Noncompliance with any condition of a design
review permit issued by the Zoning Commission or any stipulations
or drawings attached thereto
|
$150
|
§ 242-302
|
Noncompliance with the provisions of the natural
resources removal, regulations
|
$150
|
§ 242-303
|
Noncompliance with the provisions of the excavation,
filling or grading regulations
|
$150
|
§ 242-304
|
Noncompliance with the provisions of the woodcutting,
lumbering and forestry operations regulations
|
$150
|
§ 242-305
|
Noncompliance with the provisions of the off-street
parking regulations
|
$50
|
§ 242-306
|
Noncompliance with the permit requirements,
location, size, number of signs on a parcel of land, wording, height
setback, illumination, type, or other standards or provisions of the
sign regulations
|
$50
|
§ 242-308
|
Noncompliance with the height, setback, temporary
permit, tag sale, street obstruction, liquor outlets, swimming pool,
fence and temporary living quarters requirements of the miscellaneous
provisions of the regulations
|
$50
|
§ 242-310
|
Noncompliance with the provisions of the conservation
subdivision regulations
|
$150
|
§ 242-312
|
Noncompliance with the provisions of the telecommunications
tower and antennae regulations
|
$150
|
§ 242-401A(6)
|
Noncompliance with the provisions of the livestock
and/or poultry regulations
|
$50
|
§§ 242-401D, 242-402, 242-403
|
Noncompliance with the lot area, width, yards,
coverage or height provisions of the cited section number(s) of the
regulations
|
$150
|
§ 242-404 or 242-405
|
Creation and/or maintenance of a multifamily
dwelling(s) or apartment within a single-family dwelling without a
permit
|
$150
|
§§ 242-501C, 242-501D, 242-501E,
242-501F, 242-501G
|
Noncompliance with the area, yard, height, buffer,
land coverage, setback, road and drive, or special conditions provisions
of the cited section number(s) of the regulations
|
$150
|
§ 242-502
|
Noncompliance with the provisions of the Aquifer
Protection District regulations
|
$150
|
§ 242-503
|
Noncompliance with the provisions of the Floodplain
District regulations
|
$150
|
§ 242-505
|
Noncompliance with the provisions of the Central
Business District regulations
|
$150
|
§ 242-601
|
Noncompliance with the provisions of the land
use standards and design criteria of the regulations
|
$100
|