(A) A citation hearing procedure per Conn. Gen. Stat. § 7-152c is hereby established for purposes of this subchapter. The Board of Selectmen shall appoint one or more Citation Hearing Officers for the town. The Citation Hearing Officer may not be a police officer, a Blight Enforcement Officer or an employee of the town.
(B) If a violation remains unabated after 60 days as set forth in the notice of violation issued per § 150.035, the Blight Enforcement Officer may issue a citation to the owner and occupant, and may issue a citation to any other person responsible for the violation in accordance with this subchapter. The citation shall state the penalty amount in accordance with § 150.999, and date (15 days plus three business days) by which the uncontested payment of fines, penalties, costs or fees shall be made. The blight citation shall be mailed by both certified mail, return receipt requested, and regular mail to the owner of the property at the last known address on file in the Tax Collector’s records and to any other person responsible at his or her last known address. In addition, the Blight Enforcement Officer shall make reasonable efforts to send a copy by first class mail to any lienholder’s current or last known address pursuant to Conn. Gen. Stat. § 7-148gg.
(C) Any person/entity issued a citation pursuant to this subchapter shall be entitled to a hearing to contest the citation pursuant to the provisions of Conn. Gen. Stat. § 7-152c.
(D) (1) At any time within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees set by a citation issued pursuant to this subchapter, the town shall send notice to the person or persons or entity cited to inform the person or persons:
(a) Of the allegations against him, her or it and the amount of the fines, penalties, costs or fees due;
(b) That he, she or it may contest liability before a Citation Hearing Officer by delivering in person or by mail written notice to the office of the First Selectman, 108 Pennsylvania Avenue, Niantic, Connecticut 06357, within ten days of the date thereof;
(c) That if he, she or it does not demand such a hearing, an assessment and judgment shall be entered against him, her or it; and
(d) That such judgment may issue without further notice.
(2) For purposes of this section, notice shall be presumed to have been properly sent if such notice was mailed to such person’s last known address on file with the Tax Collector. If the person to whom notice is issued is a registrant, the town may deliver the notice in accordance with Conn. Gen. Stat. § 7-148H, provided nothing in this section shall preclude the town from providing notice in another manner permitted by applicable law. The notice shall also be sent by first class mail to any lienholder’s current or last known address pursuant to Conn. Gen. Stat. § 7-148gg.
(E) If the person to whom notice is sent pursuant to this section wishes to admit liability, he, she or it may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated by the town.
(F) Any person to whom notice is sent who does not deliver or mail written demand for a hearing within 15 days plus three business days of the date of the first notice provided for by division (B) above shall be deemed to have admitted liability, and the designated municipal official shall certify such person’s failure to respond to the hearing officer. The Citation Hearing Officer shall thereupon enter and assess the fine, penalties, costs or fees provided for by this subchapter and shall follow the procedures for obtaining a judgment from the Superior Court set forth in Conn. Gen. Stat. § 152c(f).
(G) A person who makes a timely request for a hearing shall be given written notice of the date, time and place of the hearing. The hearing shall be held at a time and conducted in the manner provided by Conn. Gen. Stat. § 7-152c(e).
(1) The Citation Hearing Officer shall issue a written decision within 30 days of the hearing. If he or she determines that the person is not liable, he or she shall dismiss the matter and enter his or her determination in writing accordingly. If he or she determines that the person is liable for the violation, he or she shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by this subchapter and issue a notice of assessment by first class mail to the person found liable and to any lienholders pursuant to Conn. Gen. Stat. §7-148gg. The property owner and the entity liable has 30 days from the notice of assessment to pay the fine.
(2) If the person responsible fails to pay the fine, not less than 30 days nor more than 12 months after such mailing of the notice of assessment, the Citation Hearing Officer shall file a certified copy of the notice of assessment and an entry fee with the Clerk of a Superior Court facility designated by the Chief Court Administrator.
(3) The person against whom an assessment has been entered by the Citation Hearing Officer pursuant to this section is entitled to judicial review by way of appeal pursuant to the provisions and requirements of Conn. Gen. Stat. § 7-152c(g).
(Ord. passed - -)