(A) A person who chooses to appeal a citation and requests a hearing to this effect shall be given written notice of the date, time and place for the hearing by hand or by certified mail, return receipt requested. The hearing shall be held no less than 15 days nor more than 30 days from the date of mailing of notice, provided the Hearing Officer shall grant upon good cause shown any reasonable request by an interested party for postponement or continuance. The presence of a Commission member or designated agent shall be required at the hearing to present evidence on behalf of the town. A person wishing to contest liability shall appear at the hearing and may present evidence on his or her behalf. Alternatively, the Hearing Officer may accept written information from the person who received the citation and may determine thereby that the appearance of the person is unnecessary. If the person who received the citation fails to appear or has not submitted relevant written information as specified above, the Hearing Officer may enter an assessment of default against him or her upon a finding of proper notice and liability under the applicable provisions of the wetlands and watercourses regulations.
(B) In the event that the Hearing Officer determines that he or she will not have an adequate opportunity to review documentation provided by any party to the hearing on the date of the hearing, he or she may order the hearing to be continued to a later date.
(C) The Hearing Officer shall conduct the hearing in the order and form and with 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 Hearing Officer shall announce his or her decision at the end of the hearing. If the Hearing Officer shall dismiss the matter, and enter that determination in writing accordingly. If the Hearing Officer determines that the person who received the citation is liable for the violation, the Hearing Officer shall forthwith enter and assess the fines against the person as provided by this subchapter.
(D) If the person who received the citation does not agree with the Hearing Officer’s assessment, he or she may appeal the decision in Superior Court in accordance with the applicable provisions of the Connecticut General Statutes.
(E) If the Hearing Officer’s assessment is not paid on the date of its entry, the Hearing Officer shall send by first class mail a notice of assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after the mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court together with the applicable entry or filing fee. A copy of this order, designating among other items, the legal description of the property involved, the amount of the fine imposed and the date of imposition shall be filed on the land records of the Town Clerk’s office. This filing shall serve as a lien on the property involved and upon which fine was issued. Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.
(F) The First Selectman of the town shall appoint one or more Citation Hearing Officers, who shall be other than Wetlands or Zoning Citation Officers, Commission members or employees of the town, to conduct hearings as described in divisions (A) and (C) above.
(Ord. passed 9-12-2005; Ord. passed 12-12-2005)