(A) Investigation of dumping as defined in this chapter and the general statutes.
(1) No person shall dump, as defined in this code and by the general statutes, or allow a condition to persist as a result of dumping, any material upon any public property or private property not owned by the person in the city; except when:
(a) The property is lawfully designated for dumping or the property is a licensed facility for such purpose; and
(b) The person is authorized to use the property.
(2) It shall not be a defense under this division that the dumping occurred with the permission of the property owner. The Community Relations Division of the Police Department of the city may, upon complaint or on its own initiative, investigate any violation of this division.
(B) Investigation.
(1) No person shall dump, as defined in this division, any material upon any public property or upon private property not owned by the person; except when:
(a) The property is designated for dumping or the property is a licensed facility for such purpose; and
(b) The person is authorized to use the property.
(2) The Community Relations Division of the Police Department of the city may, upon complaint or on its own initiative, investigate any violation of this division. It shall not be a defense under this division that the dumping occurred with the permission of the property owner. As used in this division,
DUMP means to discard automobiles or automobile parts, large appliances, tires, bulky waste, hazardous waste, as defined in the state general statutes, or any other similar material.
(C) Finding of the Mayor: notice. If the Mayor, after investigation, finds that there has been a violation of divisions (A) or (B) above, he may send a notice to the owner of the property where such violation has occurred by certified mail, return receipt requested, to the address of record for property tax purposes.
(1) Contents of notice. The notice shall include:
(a) A reference to the ordinance provision alleged to have been violated;
(b) A short and plain statement of the matter asserted or charged;
(c) A demand that the property owner remove any material dumped in violation of divisions (A) or (B) above to a solid waste facility approved by the State Commissioner of Environmental Protection; and
(d) A statement that the property owner has the right to a hearing to contest the Mayor's finding and the date, time and place for the hearing.
(2) Entitlement to hearing. The hearing shall be fixed for a date not later than ten days after the notice is mailed. The hearing shall be completed within 15 days after the hearing commences and a decision shall be rendered within ten days of the completion of the hearing.
(D) Conduct of the hearing; designation of the Litter Control and Beautification Commission as the Mayor's designee. The Mayor or his designee shall hold a hearing upon the alleged violation unless the property owner fails to appear at the hearing.
(1) Order. If the property owner fails to appear at the hearing or if, after the hearing, the Mayor or his designee finds that material has been dumped on the owner's property in violation of divisions (A) or (B) above and the property owner has not removed the material to a solid waste facility approved by the State Commissioner of Environmental Protection, the Mayor or his designee may order that the property owner within 30 days remove the material to a solid waste facility approved by the State Commissioner of Environmental Protection.
(2) Notice of order. The Mayor or his designee shall send a copy of any order issued pursuant to this division by certified mail, return receipt requested, to the property owner. The person may appeal from an order of the Mayor or his designee under this division in accordance with the provisions of the general statutes.
(3) Designation of the Litter Control and Beautification Commission. For purposes of conducting the hearings required under this chapter, the Mayor may designate the Litter Control and Beautification Commission as his designee; unless he determines, in his sole discretion, to appoint another designee.
(E) Penalties for violation of divisions (A) or (B) above.
(1) Any person who violates divisions (A) or (B) above shall be liable for a civil penalty as set forth in the schedule of fees, charges, penalties and rewards attached to the annual budget of the city, pursuant to § 41.11 of this code for each day the violation continues.
(2) The Superior Court, in an action brought by the city, shall have jurisdiction to issue an order to such person directing the removal of the material to a solid waste facility approved by the Commissioner of Environmental Protection. If the court finds that the violation was willful, it may impose a civil penalty equivalent to three times the cost of remediation of the violation in addition to other applicable civil penalties. The court may also order that a violator shall pay restitution to a landowner which the court finds has suffered damages as a result of the violation.
(3) All such actions shall have precedence in the order of trial as provided in Conn. Gen. Stat. § 52-191. Any such action by the Attorney General shall be brought in the Superior Court for the Judicial District of Hartford.
(4) Any vehicle used by any person in violation of division (B) above may be forfeited in accordance with Conn. Gen. Stat. § 22a-250a.
(Ord. passed 9-20-2004; Ord. passed 8-19-2013)