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Zoning Violation Citations & Procedures
TOWN OF EAST WINDSOR

The following ordinance was adopted at a Special Town Meeting duly warned and held on August 30, 2007.

ORDINANCE ENTITLED “ZONING VIOLATION CITATIONS AND PROCEDURE”

A.      Pursuant to Connecticut General Statutes (CGS) Section 8-12a, the Zoning Enforcement Officer is authorized to issue citations for violations of the Town of East Windsor Zoning Regulations to the extent and in the manner provided by this section.  The Town of East Windsor Planning and Zoning Commission shall adopt a written policy governing the timing and circumstances under which the Zoning Enforcement Officer may issue a citation.  Any such citation may be served either by hand delivery or by certified mail, return receipt requested, to the person named in such citation.  If the person named in the citation sent by certified mail refuses to accept such mail, the citation may be sent by regular United States Postal Service mail.  The Zoning Enforcement Officer shall retain a copy of the citation.

B.      A citation may be issued for any violations of the Town of East Windsor Zoning Regulations.

C.      The fine for each citation shall be $150.00 (one hundred fifty dollars) per day beginning, to be determined, payable to the Town of East Windsor.

D.      Any person receiving such a citation shall be allowed a period of 30 calendar days from receipt of said citation to make an uncontested payment of the fine specified in the citation.  If the citation has been sent by regular mail pursuant to the provisions of Subsection A of this Section, the day of receipt of the citation shall be deemed to be four calendar days after the day of mailing of the citation.

E.      If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation within the time allowed under Subsection D of this Section, the Zoning Enforcement Officer shall send a notice to the person cited, within twelve (12) months of the end of said uncontested payment period, informing such person:

1.      Of the allegations against him or her and the amount of the accumulated fines;
2.      That the person cited may contest liability before a Hearing Officer appointed by the First Selectman as provided in Subsection I of this Section, by delivering, in person or by mail, within 10 days of the date of the notice, a written demand for a hearing;
3.      That if the person cited does not demand such a hearing, an assessment and judgment shall be entered against him or her;
4.      That such judgment may issue without further notice.
F.      If the person who is sent notice pursuant to Subsection E of this Section wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine either in person or by mail, to the Planning Office of the Town of East Windsor.  All fines shall be made payable to Treasurer, Town of East Windsor.  Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment.  Any person who does not deliver or mail written demand for a hearing within ten (10) days of the date of the notice described in subsection E of this Section shall be deemed to have admitted liability, and the Zoning Enforcement Officer shall certify to the Hearing Officer that such person has failed to respond.  The Hearing Officer shall thereupon enter and assess the fines provided for by this section and shall follow the procedures set forth in Subsection H of this section.

G.      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 that 15 days nor more than 30 days from the date of the mailing of notice, provided that the Hearing Officer shall grant upon good cause shown any reasonable request by any interested party for postponement or continuance.  An original certified copy of the initial notice of violation issued by the issuing official shall be filed and retained by the municipality, and shall be deemed to be a business record within the scope of CGS §52-180 and evidence of the facts contained therein.  The presence of the Zoning Enforcement Officer shall be required at the hearing if requested by the person who was issued the citation.  A person wishing to contest liability shall appear at the hearing and may present evidence on his or her behalf.  The Zoning Enforcement Officer may present evidence on behalf of the Town of East Windsor.  If the person who received the citation 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 Town of East Windsor Zoning Regulations.  The Hearing Officer may accept written information by mail from the person who received the citation and may determine thereby that the appearance of such a person unnecessary.  The Hearing Officer shall conduct the hearing in the order and form and with such methods of proof as he or she deems fair and appropriate.  The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.  The Hearing Officer shall announce his or her decision at the end of the hearing.  If the Hearing Officer determines that the person who received the citation is not liable, the Hearing Officer shall dismiss the matter and enter that determination in writing accordingly.  If the Hearing Officer determines that the person who received the citation is liable for the violation, the Hearing Officer shall forthwith enter and assess the fines against such person as provided by this Section.

H.      If such assessment is not paid on the date of its entry, the Hearing Officer shall send, by first class mail, a notice of the assessment to the person found liable 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 the applicable entry fee.  Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.

I.      The First Selectman shall appoint one citation Hearing Officer to conduct the hearings provided by this section.  Hearing Officers shall serve for terms of two years, unless removed for cause.  Neither the Zoning Enforcement Officer, the Building Inspector, nor any employee nor volunteer of the Town of East Windsor exercising zoning authority may be appointed to be a Hearing Officer pursuant to this Section.  


Said ordinance shall become effective fifteen (15) days from publication thereof.

Ord. 07-01

                                Attest: ___________________________________
                                                Karen W. Gaudreau CMC, CCTC

Journal Inquirer
September 5, 2007