(A) Citations. Pursuant to Conn. Gen. Stat. § 22a-42g, as amended, the Inland Wetlands Agency is hereby authorized to issue citations for violations of the inland wetlands and watercourses regulations of the Agency.
(B) Fines; schedule of fines.
(1) A fine for each violation shall not exceed $1,000. Such fines, when paid, shall be paid to the Treasurer of the town and deposited in the General Fund or a special fund designated by the town. No such fine may be levied against the state or any employee of the state acting within the scope of his or her employment.
(2) Fines for each citation shall be in accordance with the following schedule:
Nature of Violation | Fine |
Regulated activities conducted without a permit in the upland review area (within 100 ft. of a wetland or watercourse) | $500 |
Regulated activities conducted without a permit in a wetland or watercourse | $1,000 |
Regulated activities conducted without a permit that under § 12 of the Inland Wetland and Watercourses regulations would have been eligible for an administrative approval from the wetlands agent | $15 |
(C) Who may issue citations. Citations made pursuant to this section may be issued by a police officer or by any other person authorized by the First Selectman to do so.
(D) Manner of service. A citation issued pursuant to this section may be served by hand delivery or by certified mail, return receipt requested, to the person named in the citation. If the person named in the citation refuses to accept the citation sent by certified mail, the citation may be sent by regular United States mail.
(E) Payment of fines. A person who receives a citation may make uncontested payment of the imposed fine within 30 days of receipt of the citation. If the citation has been sent by regular mail, the date of receipt shall be the third business day following the date of the citation.
(F) Hearing procedure.
(1) Any person issued a citation under this section shall be entitled to a hearing. The procedure for the hearing, disposition and enforcement shall be in accordance with Conn. Gen. Stat. § 7-152c entitled “Hearing Procedure for Citations,” as it may be amended from time to time and as set forth herein.
(2) The First Selectman shall appoint one or more Citation Hearing Officers to conduct the hearings held pursuant to this section. A Citation Hearing Officer shall not be a police officer or a town employee or a member of the Inland Wetlands Agency.
(3) (a) At any time within the 12 months of the expiration of the time period for the payment of uncontested fines, penalties, costs or fees assessed under this section the town shall send a notice to the person cited.
(b) The notice shall inform the person cited:
1. Of the allegations against him or her and the amount of the fines;
2. That he or she may contest his or her liability before a Citation Hearing Officer by delivering in person or by mail written notice within ten days of the date thereof;
3. That if he or she does not demand such a hearing, an assessment and judgment shall be entered against him or her; and
4. That such judgment may enter without further notice.
(4) If the person who is sent notice pursuant to division (F)(3) above wishes to admit liability for an alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine in person or by mail to an official designated by the town. Such payment shall be inadmissable 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 days of the date of the first notice provided for in division (F)(3) above shall be deemed to have admitted liability, and the designated municipal official shall certify such person’s failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by this section and shall follow the procedures set forth in division (F)(6) below.
(5) 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 than 15 days and not more than 30 days from the date of the mailing of notice, provided the Hearing Officer shall grant upon good cause shown any reasonable request by an interested party for postponement or continuance. An original or certified copy of the initial notice of violation issued by the issuing official or police officer shall be filed and retained by the municipality, and shall be deemed a business record within the scope of Conn. Gen. Stat. § 52-180 and evidence of the facts contained therein. The presence of the issuing official or police officer shall be required at the hearing if such person so requests. A person wishing to contest his or her liability shall appear at the hearing and may present evidence on his or her behalf. A designated municipal official, other than the Citation Hearing Officer, may present evidence on behalf of the town. If such person fails to appear, the Citation 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 inland wetlands and watercourses regulations and this ordinance. The Citation Hearing Officer may accept from the person who received the citation copies of police reports, investigatory and citation reports, and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The Citation 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 Citation Hearing Officer shall announce his or her decision at the end 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 decision 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 against such person as provided by this section.
(6) If such assessment is not paid on the date of its entry, the Citation 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 for Geographical Area Number 10 together with an entry fee of $8. The certified copy of the notice of assessment shall constitute a record of assessment. Within such 12-month period, assessments against the same person may be accrued and filed as one record of assessment and court costs of $8, against such person in favor of the town. Notwithstanding any other provision of the General Statutes, the Hearing Officer’s assessment, when so entered as judgment shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person.
(7) A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for small claims cases pursuant to Conn. Gen. Stat. § 52-259, in the Superior Court for Geographical Area Number 10, which shall entitle such person to a hearing in accordance with the rules of judges of the Superior Court.
(G) Cumulative remedies. The fines set forth in this section shall be in addition to and not in lieu of any other penalties or remedies for violations of inland wetlands and watercourses regulations of the town, as more particularly set forth in Conn. Gen. Stat. § 22a-44, as amended from time to time.
(Ord. passed 5-27-2008)
Editor’s note:
TM Volume 22 page 787A