[HISTORY: Adopted by the Town Council of
the Town of Stratford 9-14-1998 by Ord. No. 97-02. Amendments noted where
applicable.]
There is hereby established, pursuant to and
in accordance with Section 7-152c of the Connecticut General Statutes,
the Office of Citation Hearings.
[Amended 3-13-2000 by Ord. No. 00-07; 3-12-2007 by Ord. No.
07-03]
The Mayor shall appoint one or more Citation
Hearing Officers to conduct the hearings and perform such other acts
as are authorized or directed by this chapter and by Connecticut General
Statutes. The term of each Hearing Officer is three years. Each Hearing
Officer shall be paid a fee for presiding at hearings, and a separate
fee for declaring defaults and assessing penalties thereon. The Council
shall, by resolution, fix all fees to be paid Hearing Officers.
[Amended 3-13-2000 by Ord. No. 00-07; 3-12-2007 by Ord. No.
07-03; 3-8-2010 by Ord. No. 10-01]
The Mayor shall designate a person to be the
Citation Clerk. He/she shall maintain records of all citations referred
to the Office of Citation Hearings, and the disposition thereof, in
the same manner as would a Clerk of the Superior Court. He/she shall
assist the Citation Hearing Officers in performing their duties. He/she
shall attend all hearings conducted by the Hearing Officers.
[Amended 3-13-2000 by Ord. No. 00-07]
A Citation Hearing Officer shall be a member
in good standing of the Bar of the State of Connecticut. He shall
not be a police officer or employee of the Town of Stratford, nor
shall be be a person who issues citations for alleged violations of
an ordinance of the Town. He shall preside at all hearings, administer
oaths to witnesses and carry out all duties accorded herein to the
position.
[Amended 10-12-2010 by Ord. No. 10-27; 5-10-2021 by Ord. No. 21-05]
A.
Except as to citations for blighted premises under Chapter 161, and as to any citation for a violation of parking ordinances which is resolved at the informal hearing with the Police Department representative, any Town official empowered by ordinance to issue citations and assess monetary penalties for violation of a specific ordinance including parking violations pursuant to Ch. 203 of the Code may apply to the Citation Clerk for a judgment assessing monetary penalties against an alleged violator, hereinafter referred to as the defendant, of an ordinance within the applicant's jurisdiction to enforce. The application shall be in writing and shall include the following:
(1)
The legal name of the defendant, including any known aliases and,
if the defendant be other than a natural person, its type of entity.
(2)
The residence address of the defendant or, if the defendant be other
than a natural person, the address of its office within the Town of
Stratford or, lacking a local office, its office nearest to Stratford
Town Hall.
(3)
The ordinance violated, stating a specific reference to the Stratford
Town Code.
(4)
The date of the violation or, if the violation be continuous, a range
of dates during which violations occurred.
(5)
A narrative statement of the facts constituting the alleged violation.
(6)
A statement that the defendant has not responded, partially or completely,
to a citation issued by the applicant.
B.
There
shall be annexed to the application two copies of the citation, each
certified by the applicant to be a true copy. The applicant shall
sign the application and shall affirm that the statements contained
therein are true to the best of the applicant's knowledge, information
and belief.
A.
Upon receipt of an application for hearing, the Citation
Clerk shall enter the same in a log maintained by him for that purpose.
He shall inspect the application and copy of the citation and if he
determines that the same comply with law, and that not more than 12
months have passed from the expiration of the final period for the
uncontested payment of the monetary penalty stated in the citation,
the Citation Clerk shall mail by first class mail to the defendant
a notice of opportunity to contest, which notice shall inform the
defendant:
(1)
Of the allegations against the defendant and the amount
of the fines, penalties, costs or fees due as stated in the citation
previously issued to the defendant.
(2)
That the defendant may contest liability before a
Citation Hearing Officer by delivering a written demand for hearing,
in person or by first class mail, to the Citation Clerk, Mayor's office,
Town Hall, Stratford, within 10 days of the date of the Notice of
Opportunity to Contest.[1]
[1]
Editor’s Note: The term “Town
Manager” was changed to “Mayor” in this subsection
at the direction of the Town so that the provisions herein would be
consistent with the provisions of the Charter adopted by the Town
on 11-4-2003.
(3)
That if the defendant does not demand such a hearing,
an assessment and judgment shall be entered against the defendant.
(4)
That such judgment may issue without further notice.
B.
There shall be annexed to the Notice of Opportunity
to Contest a copy of the citation, certified as aforesaid, and a copy
of the application for hearing.
Upon receipt of a defendant's demand for hearing,
the Citation Clerk shall assign the same for public hearing and shall
mail to the defendant an appropriate notice listing the date, time
and place of the hearing. The place shall be Council Chambers or Room
217 at the Stratford Town Hall, the Board of Education Meeting Room,
or the courtroom on the second floor of Police Headquarters depending
on availability.
The Town Attorney or an Assistant Town Attorney
shall represent the Town of Stratford at the citation hearing. The
official who issued the original citation shall appear and testify
to the matters contained in the citation and in the narrative statement
of facts annexed to the Notice of Opportunity to Contest. If the defendant
fails to appear on the date and at the time and place of hearing,
the Hearing Officer shall examine the file and whatever documents
the defendant may have submitted prior thereto and, upon a finding
of proper notice and prima facie liability, shall declare the defendant
to be in default and shall summarily assess fines, penalties, fees
and costs. Otherwise, the Hearing Officer shall conduct the hearing
in the order and form, and with such methods of proof, as he deems
fair and appropriate. The rules regarding admissibility of evidence
shall not be strictly applied. An original or certified copy of the
initial notice of violation issued by the issuing official, whether
or not in the form of a citation, and the citation, may be admitted
in evidence as business records. All testimony shall be given under
oath or affirmation. If the Hearing officer shall determine that the
defendant is not liable, the Hearing Officer shall dismiss the matter
and enter his determination on the record in writing. If he determines
that the defendant is liable, the Hearing Officer shall forthwith
assess and enter on the record the fines, penalties, costs or fees
against the defendant as provided by the ordinance which was violated.
If such assessment be not paid on the date of
its entry, the Hearing Officer shall send to the defendant by first
class mail a notice of the assessment. Not less than 30 days nor more
than 12 months after such mailing, if said assessment is not paid,
the Hearing Officer shall mail to the Clerk of the Superior Court
for Geographical Area Number 2 a certified copy of the notice of assessment
together with an entry fee of $8. The certified copy of the notice
of assessment shall constitute a record of assessment. Within such
twelve-month period, assessments against the same defendant may be
accrued and filed as one record of assessment. The Clerk for Superior
Court Geographical Area Number 2 shall enter judgment in the amount
of such record of assessment, with court costs of $8, against the
defendant and in favor of the Town of Stratford, all as per Section
7-152c(f) the Connecticut General Statutes. Notwithstanding any other
provision of the Connecticut 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 the defendant. The defendant has the
appeal rights stated in Section 1-152c(g) of the Connecticut General
Statutes.
[Amended 3-13-2000 by Ord. No. 00-07; 5-10-2021 by Ord. No. 21-05]
From and after its effective date, this chapter shall be the exclusive remedy for collection of monetary penalties assessed for violation of Stratford Town Ordinances, except for the procedure for immobilization or impoundment set forth in § 203-14D and in § 203-29, and those ordinances and/or regulations for which the Connecticut General Statutes provide an alternative remedy.
[Added 3-13-2000 by Ord. No. 00-08;
amended 7-14-2008 by Ord. No. 07-20; 4-8-2019 by Ord. No.
19-02; 5-10-2021 by Ord. No. 21-05]
The following ordinances and sections of the
Code of the Town of Stratford are hereby designated as ordinances
which may be enforced by citation, pursuant to this article:
A.
Section 25-39; § 25-40; §§ 42-2 through 42-9, inclusive; §§ 44-2 through 44-4, inclusive; §§ 47-1 through 47-4, inclusive; § 48-1; § 48-2; §§ 49-1 through 49-6, inclusive; § 49-10; §§ 49-14 through 49-18, inclusive; §§ 52-1 through 52-6, inclusive; § 52-8; § 52-9; §§ 55-2 through 55-16, inclusive; §§ 58-9 through 58-24, inclusive; §§ 60-1 through 60-7, inclusive; § 83-12; § 83-13; § 83-15; §§ 93-3 through 93-9, inclusive; § 105-9; §§ 110-1 through 110-7, inclusive; § 116-1; §§ 116-4 through 116-8, inclusive; §§ 116-11 through 116-15, inclusive; § 116-17; § 116-19; § 118-3; § 118-4; §§ 120-13 through 120-15, inclusive; §§ 120-20 through 120-30, inclusive; § 120-33; § 120-34; §§ 120-40 through 120-44, inclusive; §§ 133-1 through 133-14, inclusive; §§ 135-1 through 135-13, inclusive; §§ 137-4 through 137-7, inclusive; §§ 142-3 through 142-9, inclusive; §§ 144-1 through 144-3, inclusive; §§ 144-4 through 144-7, inclusive; §§ 147-1 through 147-3, inclusive; §§ 152-2 through 152-26, inclusive; §§ 154-1 through 154-3, inclusive; §§ 154-4 through 154-10, inclusive; §§ 161-3 through 161-5, inclusive; §§ 165-1 through 165-17, inclusive; §§ 172-45 through 172-74, inclusive; §§ 175-1 through 175-10, inclusive; § 178-1; § 178-2; §§ 182-1 through 182-14, inclusive; §§ 186-10 through 186-14, inclusive; §§ 186-16 through 186-31, inclusive; §§ 186-34 through 186-48, inclusive; § 186-52; §§ 198-1 through 198-3, inclusive; § 202-1; § 203-1; § 203-2; §§ 203-5 through 203-9, inclusive, §§ 203-11 through 203-13, inclusive; § 203-22; §§ 203-23 through 203-28, inclusive; §§ 205-1 through 205-5, inclusive; § 212-1; § 212-4; §§ 214-1 through 214-8, inclusive; § 217-5.
