[Added 5-6-2002]
A.
CITATION
PERSON
As used in this article, the following terms shall
have the meanings indicated:
A written statement of the relevant conditions and facts
giving rise to the Building Code violation, including a reference
to the specific section(s) of the Building Code which has been violated.
Any individual, firm, partnership, corporation, limited liability
company, association or any other entity.
B.
Masculine terms include the feminine.
Pursuant to C.G.S. § 7-148, as amended
by Public Act No. 99-129, and in addition to remedies provided in
the General Statutes and state regulations, State Building Code or
City ordinances, the Chief Building Official is hereby authorized
to issue citations for violations of the building regulations of the
City of Middletown in accordance with this article. The fine for each
such building regulation violation shall be not less than $10 nor
more than $100 payable to the City of Middletown.
Any citation issued hereunder shall be served
upon the person(s) named in such citation by either in-hand service
made by the Chief Building Official or his designated agent, or any
state marshal or constable having authority to serve civil process
in the State of Connecticut, or by mailing such citation to the person(s)
named therein at his last known home address or other address provided
by him to the Chief Building Official, by certified mail, return receipt
requested, postage prepaid. If the citation is refused, it may be
sent by regular mail to such address. The Chief Building Official
shall retain a true and attested duplicate original of such citation.
A.
The Mayor shall appoint, subject to confirmation by
the Common Council, a Citation Hearing Officer to conduct the hearings
authorized by this article. The Citation Hearing Officer may not be
an employee of the City of Middletown and shall serve without compensation.
The Citation Hearing Officer shall serve for a term of two years,
unless removed for cause.
B.
If the person cited fails to pay the fine within a
thirty-day period, the Chief Building Official, pursuant to C.G.S.
§ 7-152c, as amended, is authorized, at any time within
12 months from the expiration of said thirty-day period, to enforce
said citation by sending said person a notice informing him:
(1)
Of the allegations against him and the amount of the
fine due;
(2)
That he may contest the citation in a hearing by delivering
in person or by mail written notice within 10 days of the date thereof;
(3)
That if he does not demand a hearing, an assessment
of fine and judgment shall be entered against him; and
(4)
That such judgment may issue without further notice.
C.
If the person sent the notice required by Subsection B above does not make full payment of the fine and does not make written demand for a hearing before the Citation Hearing Officer within 10 days of the notice provided for in Subsection B above, he shall be deemed to have admitted liability, and the Chief Building Official shall certify such person's failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and assess the fine provided for by this article.
D.
If a hearing is requested, it shall be conducted in
accordance with the provisions of C.G.S. § 7-152c(e), as
amended.
E.
The failure to pay the assessment of any fine(s) made
by the Citation Hearing Officer can result in a Superior Court judgment
as provided by C.G.S. § 7-152c(f), as amended, subject to
judicial review as provided in C.G.S. § 7-152c(g), as amended.
