(A) Administrative appeal procedure.
(2) Notice.
(a) At any time within 12 months from the expiration of the period for the uncontested payment of fines, penalties, costs or fees for citations issued pursuant to § 150.65(B) of this code, the city shall send notice to the person cited.
(b) The notice shall inform the person or entity cited:
1. Of the allegations against him or it, and the amount of the fines, penalties, costs or fees due;
2. That he or it may contest his or its 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 or it does not demand such a hearing, an assessment and judgment shall be entered against him or it; and
4. That the judgment may issue without further notice.
(3) Rights of the respondent.
(a) Admission of liability. If the person or entity who is sent notice pursuant to division (A)(2) above wishes to admit liability for any alleged violation, he or it may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to the Citation Hearing Officer. The payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the person or entity making the payment.
(b) Constructive admission of liability. Any person or entity who fails to 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 Citation Hearing Officer shall certify the person or entity's failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by § 150.65 of this code, and shall follow the procedures set forth in division (C) of this section.
(4) Right to hearing. Any person or entity 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 Citation Hearing Officer may grant, upon good cause shown, any reasonable request by any interested party for continuance.
(B) Formal hearing appeal procedure.
(1) Power of the Citation Hearing Officer. The Citation Hearing Officer is empowered to hear appeals from the issuance of citations or violations of this chapter.
(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 pursuant to the Hearsay Rule, the Code of Evidence and the General Statutes.
(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 respondent so requests in his or its written demand for a hearing.
(4) Appearance of respondent required. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf. An entity wishing to contest liability may appear either through its attorney, or through an officer of the entity, provided said officer provides a resolution of the entity authorizing the officer to bind the entity.
(a) Failure to appear. If the person or entity fails to appear, the Citation Hearing Officer may enter an assessment by default against him or it upon a finding of proper notice and liability under § 150.65 of this code.
(b) Exception. The Citation Hearing Officer may accept from the person or entity copies of police reports, investigatory and citation reports, and other official documents by mail, and may determine thereby that the appearance of the person or entity is unnecessary.
(5) Presentation of city's evidence. A designated municipal official, other than the Citation Hearing Officer, may present evidence on behalf of the City of Waterbury.
(6) Conduct of hearing. The Citation Hearing Officer shall conduct the hearing in the order and form, and with such methods of proof as he or she deems fair and appropriate. The Code of Evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.
(7) Announcement of decision. The Citation Hearing Officer shall announce his or her decision at the end of the hearing.
(a) Dismissal. If the Citation Hearing Officer determines that the respondent is not liable, the Citation Hearing Officer shall dismiss the matter, and enter the determination in writing.
(b) Finding of liability: assessment. If the Citation Hearing Officer determines that the respondent is liable for the violation, the Citation Hearing Officer shall enter and assess the fines, penalties, costs or fees against the respondent, as provided by § 150.65 (B) of this code.
(C) Notice of assessment; effect.
(1) Notice of assessment. If the assessment is not paid on the date of its entry, the Citation Hearing Officer shall send, by first class mail, a notice of the assessment to the respondent 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, but not more than 12 months, after the mailing, as set forth in division (C) (1) above, the Citation Hearing Officer shall file a certified copy of the notice of assessment with the clerk of a Superior Court designated by the Chief Court Administrator (as of the date of adoption hereof, the Waterbury judicial district civil courthouse), 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 court clerk shall enter judgment 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 Citation Hearing Officer's 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 respondent.
(D) Right to judicial review. A respondent against whom an assessment has been entered pursuant to division (C) above is entitled to judicial review by way of de novo 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 Waterbury judicial district civil courthouse), which shall entitle the respondent to a hearing in accordance with the rules of the judges of the Superior Court. At the judicial hearing, the City of Waterbury bears the burden of proof, by a preponderance of the evidence, to establish the respondent's violation of this subchapter.
(Ord. passed 10-22-2012; Ord. passed 9-23-2013)