(A) Appointment of citation hearing officers. 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) Notice regarding uncontested payment of fines, penalties costs or fees. Within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for a citation issued under this subchapter, for an alleged violation thereof, the town shall send notice to the owner. The notice shall inform the owner cited:
(1) Of the allegations against them and the amount of the fines, penalties, costs or fees due;
(2) That they may contest their 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 they do not demand such a hearing, an assessment and judgment shall be entered against them; and
(4) That such judgment may issue without further notice. For purposes of this section, notice shall be presumed to have been properly sent if it was mailed to the owner's last-known address on file with the Tax Collector.
If the owner to whom such notice is issued is a registrant, the municipality may deliver such notice in accordance with Conn. Gen. Stat., § 7-148ii, provided nothing in this section shall preclude the town from providing notice in another manner permitted by applicable law.
(C) Admission of liability.
(1) Payment of fines. If the owner who or which is sent notice pursuant to division (B) of this section wishes to admit liability for any alleged violation, they 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 such municipality. The payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the owner making the payment.
(2) Failure to demand appeal hearing. Any owner 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 (B) of this section shall be deemed to have admitted liability, and the designated municipal official shall certify the owner's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in division (E) of this section.
(D) Appeal hearing: notice. Any owner who or which requests a hearing shall be given written notice of the date, time and place for the hearing.
(1) Timing of 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 any interested party for postponement or continuance.
(2) Initial notice of violation deemed a business record. 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 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.
(3) Presence of issuing official. The presence of the issuing official or police officer shall be required at the hearing if so requested by the owner.
(4) Presentation of evidence. An owner wishing to contest their liability shall appear ar the hearing and may present evidence on their behalf. A designated municipal official, other than the hearing officer, may present evidence on behalf of the municipality.
(5) Failure to appear. If the owner fails to appear, the hearing officer may enter an assessment by default against the owner upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from the owner copies of police reports, investigatory and citation reports, and other official documents by mail, and may determine thereby that the appearance of the owner is unnecessary.
(6) Conduct of the hearing. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as they deem 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.
(7) Decision by the hearing officer. The hearing officer shall announce their decision at the end of the hearing. If they determine that the owner is not liable, they shall dismiss the matter and enter their determination in writing accordingly. If they determine that the owner is liable for the violation, they shall forthwith enter and assess the fines, penalties, costs or fees against the owner as provided by the applicable ordinance of the town.
(E) 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 owner found liable and shall file, not less than 30 days or more than 12 months after such mailing, a certified copy of the notice of assessment with the clerk of a superior court facility designated by the Chief Court Administrator, together with an 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 owner may be accrued and filed as one record of assessment. The clerk shall enter judgment, in the amount of such record of assessment and court costs, against the owner in favor of the municipality. Notwithstanding any 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 the owner.
(F) An owner 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, at a superior court facility designated by the Chief Court Administrator, which shall entitle the owner or person to a hearing in accordance with the rules of the judges of the Superior Court.
(C.G.S. § 7-152c) (Ord. 424, passed 10-2-00; Am. Ord. 741, passed 3-4-24)