(A) Administrative appeal procedure.
(1) Appointment of Hearing Officers. The Mayor shall appoint one or more Hearing Officers (the "Hearing Officer") from among the members of the Litter Control and Beautification Commission. The Hearing Officers shall not be employees of any of the departments which issue citations pursuant to the code of ordinances.
(2) Notice.
(a) At any time within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any citation issued under any ordinance adopted pursuant to the state general statutes for an alleged violation thereof, the city shall send notice to the person cited.
(b) The notice shall inform the person cited:
1. Of the allegations against him and the amount of the fines, penalties, costs or fees due;
2. That he may contest his 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 he does not demand such a hearing, an assessment and judgment shall be entered against him; and
4. That the judgment may issue without further notice.
(3) Rights of the respondent.
(a) Admission of liability. If the person who is sent notice pursuant to division (A)(2) above wishes to admit liability for any alleged violation, he 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 city. The payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the person or other person making the payment.
(b) Constructive admission of liability. 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 division (A)(2) above shall be deemed to have admitted liability, and the designated municipal official shall certify the person's failure to respond to the Hearing Officer(s). The Hearing Officer(s) 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 (C) below.
(4) Right to hearing. Any person who requests a hearing shall be given written notice of the date, time and place for the hearing.
(a) Notice of hearing; postponement or continuance. 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(s) shall grant upon good cause shown any reasonable request by any interested party for postponement or continuance.
(B) Formal hearing appeal procedure.
(1) Power of the Hearing Officer(s). The Hearing Officer(s) shall be empowered to hear appeals from the issuance of citations or violations of this chapter or other pertinent enforcement provisions of this code.
(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 city, and shall be deemed to be a business record within the scope permitted by the general statutes and evidence of the facts contained therein.
(3) Presence of issuing official or police officer. The presence of the issuing official or police officer shall be required at the hearing if the person so requests.
(4) Appearance of respondent required. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf.
(a) Failure to appear. If the person fails to appear, the Hearing Officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable statutes or ordinances.
(b) Exception. The Hearing Officer(s) may accept from the person copies of police reports, investigatory and citation reports, and other official documents by mail and may determine thereby that the appearance of the person is unnecessary.
(5) Presentation of city's evidence. A designated municipal official, other than the Hearing Officer(s), may present evidence on behalf of the municipality.
(6) Conduct of hearing. The Hearing Officer shall conduct the hearing in the order and form and with such methods of proof as he 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.
(7) Announcement of decision. The Hearing Officer(s) shall announce his decision at the end of the hearing.
(a) Dismissal. If the Hearing Officer(s) determine(s) that the person is not liable, the Officer(s) shall dismiss the matter and enter the determination in writing accordingly.
(b) Finding of liability: assessment. If the Hearing Officer(s) determine(s) that the person is liable for the violation, the Officer(s) shall forthwith enter and assess the fines, penalties, costs or fees against the person as provided by the applicable ordinances of the city.
(C) Notice of assessment; effect.
(1) Notice of assessment. If the assessment is not paid on the date of its entry, the Hearing Officer(s) shall send by first class mail a notice of the assessment to the person found liable.
(2) Filing certified copy of notice of assessment with the Clerk of the Superior Court; record of assessment. Not less than 30 days, not more than 12 months, after the mailing (set forth in division (C)(1) above), the Hearing Officer(s) shall file a certified copy of the notice of assessment with the clerk of a superior court facility designated by the Chief Court Administrator (as of the date of adoption hereof, the facility has been designated by the Chief Court Administrator as the Judicial District courthouse for the judicial district in which the city is located), 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.
(a) Entry of judgment. The clerk shall enter judgement in the amount of the record of assessment and court costs allowed by the general statutes in favor of the city.
(b) Effect of judgment; levy of execution permitted. Notwithstanding any provision of the general statutes, the Hearing Officers assessment, when so entered as a judgment, shall have effect of a civil money judgment and a levy of execution on the judgment may issue without further notice, to the person.
(D) Right to judicial review. A person against whom an assessment has been entered pursuant to division (C) above is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days 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, as set forth in the general statutes, at a Superior Court facility designated by the Chief Court Administrator, (as of the date of adoption hereof, the facility has been designated by the Chief Court Administrator as the Judicial District courthouse for the judicial district in which the city is located) which shall entitle the person to a hearing in accordance with the Rules of the Judges of the Superior Court.
(Ord. passed 9-20-2004)