[HISTORY: Adopted by the New Canaan Town
Council as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
The New Canaan Environmental Commission, acting as the inland
wetlands agency under Section 22a-42 of the Connecticut General Statutes.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
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.
