Town of New Canaan, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the New Canaan Town Council as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Citation hearing procedure — See Ch. 11.
Environmental commission — See Ch. 16.
[Adopted 12-13-2000, effective 4-1-2001]
The purpose of this chapter is to establish a means by which the Town of New Canaan may more effectively enforce the Inland Wetlands and Watercourses Regulations of the Town of New Canaan, with the implementation of fines for violations and continued nonconformances.
This chapter, pursuant to Connecticut General Statutes, Section 22a-42g, was adopted by the New Canaan Town Council on December 13, 2000, to be effective April 1, 2001.
The following words, terms and phrases used in this chapter shall have the following meanings:
AGENT
The employee of the Town of New Canaan responsible for the supervision of the Inland Wetlands and Watercourses Regulations and who implements the policies of the Environmental Commission.
COMMISSION
The New Canaan Environmental Commission, acting as the inland wetlands agency under Section 22a-42 of the Connecticut General Statutes.
PERSON
Any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
REGULATIONS
The Inland Wetlands and Watercourses Regulations of the Town of New Canaan.
A. 
The Environmental Agent and the Assistant Environmental Agent are hereby authorized to issue citations to any person who commits a violation of the town's Inland Wetlands and Watercourses Regulations. In such instances, each citation will apply jointly and severally to the owner of the property in question and his/her agents, contractors and subcontractors. Each day that any violation continues shall be deemed a separate offense, for which a separate citation may be issued.
B. 
Any such citation may be delivered either by hand delivery or by certified mail to the person named in such citation. The Environmental Agent or Assistant Environmental Agent issuing a citation shall retain a copy of the citation. In addition, a copy of the initial citation shall be reported to The Connecticut Department of Environmental Protection, pursuant to Sections 22a-39-14 of the Connecticut State Regulations.
C. 
The citation shall inform such person:
(1) 
Of the allegations against him or her and the amount of the fines;
(2) 
That the person has a period of 30 days from the date of the citation (i.e., the date of hand delivery or the date the citation was mailed) to make an uncontested payment of the fines;
(3) 
That payments shall be made payable to the Treasurer of the Town of New Canaan at Town Hall.
If the person cited does not pay the fine within 30 days from the date of the citation, then at any time within 12 months from the expiration of the thirty-day period, the Environmental Agent or Assistant Environmental Agent shall send a notice to the person cited, by hand delivery or certified mail, informing such person:
A. 
Of the allegations against him or her and the amount of the fines;
B. 
That the person cited may contest liability before a hearing officer by delivering, in person or by mail, within 30 days from the date of the notice, a written demand for a hearing, pursuant to Chapter 11, Citation Hearing Procedure;
C. 
That if the person cited does not demand such a hearing, an assessment and judgment shall be rendered against him or her; and
D. 
That such judgment may issue without further notice.
A. 
The fine shall be $1,000 per citation for activities in the wetlands or watercourses and $500 per citation for activities within regulated areas or buffer/setback areas that otherwise impact the wetlands or watercourses. No such fine may be levied against the State of Connecticut or any employee of the state acting within the scope of his/her employment.
B. 
At its discretion, the Environmental Commission may seek additional penalties and remedies in accordance with Section 15 of the Inland Wetlands and Watercourses Regulations (as the same may be amended from time to time).
The provision of this chapter shall not be construed to limit or alter the authority, duty and responsibility of the New Canaan Environmental Commission as granted and established under Connecticut's Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45 of the Connecticut General Statutes, New Canaan's Inland Wetlands and Watercourses Regulations, and other legislation that may apply.
Violations or nonconformance to the Inland Wetlands and Watercourses Regulations in existence at the effective date of this chapter shall be deemed violations under this chapter, and may be issued fine(s) accordingly.
Any fine collected by the Town of New Canaan pursuant to this chapter shall be deposited into the General Fund of New Canaan.