(A) The Mayor shall appoint one or more citation hearing officers, other than police officers, employees, or persons who issue citations, to conduct the hearings authorized by this section.
(B) If any alarm user who is sent notice pursuant to § 100.05 wishes to admit liability for any alleged violation, he/she may, without requesting a hearing, pay the full amount of the fine(s) admitted to, in person or by mail, to an official designated by the town. The payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the 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 notice provided for in § 100.05 shall be deemed to have admitted liability, and the designated town official shall certify the 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.
(C) Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. The 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 the person so requests. A person wishing to contest his/her liability shall appear at the hearing and may present evidence on his/her behalf. A designated municipal officer, other than the hearing officer, may present evidence on behalf of the municipality. If the 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 provision(s) of this chapter. The hearing officer may accept from the person copies of police reports, investigatory and citations reports, and other official documents by mail and may determine thereby that the appearance of the 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 chapter.
(D) If the 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 the 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 of the record of assessment and appropriate court costs against the person in 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 the judgment may issue without further notice to the 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 the notice of the 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 the person to a hearing in accordance with the judges of the Superior Court (Conn. Gen. Stat., § 7-152c).
(Ord. 470, passed 6-3-02; Am. Ord. 490, passed 11-6-03; Am. Ord. 584, passed 5-3-10)