[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:
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.
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivision thereof.
The Town of Wilton, Connecticut.
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.
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:
The Inland Wetlands Commission of the Town of Wilton.
A member of the Inland Wetlands Commission of the Town of
Wilton.
An individual(s) designated by the Commission to carry out
specific functions and purposes subject to the Commission's review.
The person designated by the First Selectman to hear appeals
of this ordinance.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
The Town of Wilton, Connecticut.
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.
