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The town shall serve a written citation notifying the owner of a violation of this subchapter to the owner's last known address by certified mail, return receipt requested. Such citation shall inform the owner of the allegations against him/her and the amount of the fines, penalties, costs or fees due; that he/she may contest his/her liability before a citation hearing officer by delivering in person or by mail written notice to the Town Planner or the Legislative Council Office within ten calendar days of the date of the citation(s); that if he/she does not demand such a hearing he/she shall be deemed to have admitted liability; that an assessment and judgment shall be entered against him/her; and that such judgment may issue without further notice.
(Ord. 429, passed 12-4-00)
(A) The Mayor shall appoint one or more citation hearing officers, other than police officers or employees or persons who issue citations, to conduct the hearings authorized by this section.
(B) If the person who is sent a citation pursuant to § 94.19 wishes to admit liability for any alleged violation, he/she 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. 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 days of the date of the first notice provided for in § 94.19 shall be deemed to have admitted liability, and the designated town official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for herein, and shall follow the procedures set forth in division (D) of this section.
(C) 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 nor 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 town official or Police Officer shall be filed and retained by the town, and shall be deemed to be 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/her liability shall appear at the hearing and may present evidence in his/her behalf. A designated municipal official, other than the hearing officer, may present evidence on behalf of the municipality. If such person fails to appear, the hearing officer may enter an assessment by default against him/her upon a finding of proper notice and liability under the applicable provisions(s) of this subchapter. The hearing officer may accept from such person copies of police reports, investigatory and citations reports, and other official documents by mail, and may determine thereby that the appearance of such person is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he/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/her decision at the end of the hearing. If he/she determines that the person is not liable, he/she shall dismiss the matter and enter his/her determination in writing accordingly. If he/she determines that the person is liable for the violation, he/she shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by this subchapter.
(D) 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 for Geographical Area No. 7, 54 West Main Street, Meriden, CT 06450, together with the appropriate entry fee. 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. The clerk shall enter judgment, in the amount if such record of assessment and appropriate court costs against such person favor of the Town. Notwithstanding any other provision of the 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 such person.
(E) 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 of 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 a small claims case pursuant to Conn. Gen. Stat., § 52-259, with the Clerk of the Superior Court, Geographical Area No. 7, 54 West Main Street, Meriden, CT 06450, which shall entitle such person to a hearing in accordance with the judges of the Superior Court.
(C.G.S. § 7-152c)
(Ord. 429, passed 12-4-00)
(A) Notice to remove. The Enforcement Officer is hereby authorized and empowered to notify the owner of any open or vacant property within the town, or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to the public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his/her last known address.
(B) Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten days after receipt of written notice provided for in § 94.18 and division (A) of this section, or within ten days after the date of such notice in the event same is returned to the town because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the town may cause the abatement of the litter at the expense of the owner(s) of the premises where such litter exists.
(C) Conference granted to owner/agent. Any owner or agent notified under division (A) of this section shall be granted a conference with the President of the Legislative Council or other official designated by the President of the Legislative Council upon his/her request. Such conference shall be granted as soon as practicable, but the conference shall in no way stay the abatement order.
(D) Recorded statement constitutes lien. Upon completion of such work, the enforcement agent shall determine the actual cost thereof and bill the owner or agent therefor. Upon the failure of the owner or agent to remit to the town the amount of such charge within 30 days from the date of such notice, the enforcement agent, within 90 days from the date of such notice, shall cause to be recorded in the land records of the town a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property. Any appeal from any final action taken following this section may be taken in accordance with § 94.20.
(Ord. 429, passed 12-4-00)
(A) Any person, firm or corporation violating:
(1) Section 94.11(A)(1) shall be fined as follows:
First Offense: $50
Second Offense: $100
Third Offense: $250
More Than Three Offenses: $500
(2) Section 94.11(A)(2) shall be fined $50.
(B) Any person, firm or corporation violating § 94.14(A) shall be fined $50.
(C.G.S. § 23-65(a))
(C) Any person, firm or corporation violating § 94.14(B) shall be fined $50.
(C.G.S. § 23-65(c).
(D) Any person, firm or corporation violating any other section of this subchapter for which a penalty is not provided for in divisions (A) through (C) of this section, shall be fined $50 per violation.
(Ord. 429, passed 12-4-00)
HAMDEN MUNICIPAL LANDFILL
The intent and purpose of this subchapter is to insure the safe and orderly use of the Hamden Municipal Landfill; to prevent the premature exhaustion of this important municipal resource; and to protect the health, safety, and welfare of the citizens of the town.
(Ord. 260, passed 2-3-87)
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"COMMERCIAL COLLECTOR." Any person, firm, partnership, association, or corporation that collects, transports, or dumps garbage for the payment of a fee.
"DUMPING." The depositing, discharging, placing, or disposing of garbage by any person.
"GARBAGE" or "WASTE MATERIAL." Trash, rubbish, refuse, or any unwanted or discarded materials. It shall not include hazardous waste nor other prohibited substances.
"HAZARDOUS WASTE." Material that is defined and governed by the Federal Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), and Conn. Gen. Stat. 22a-114 et seq.
"LICENSED COMMERCIAL COLLECTOR." Including only such commercial collector as is the holder of a valid license issued by the Director of Public Works or his agent pursuant to the provisions of this subchapter.
"MUNICIPAL LANDFILL." The area that has been designated by the town and is presently in operation.
"PERSON." Including, but not limited to, individuals, societies, associations, municipal corporations, or its agents and employees, firms, partnerships, associations, and corporations.
"PROHIBITED SUBSTANCE." Material so designated by regulations drafted pursuant to § 94.27 and for that reason prohibited from disposal at the municipal landfill.
"RESIDENT." An individual who resides or owns real property in the town or any person having a place of business within the town.
(Ord. 260, passed 2-3-87)
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