Code of the Town of Branford, Connecticut.v49 Updated 12-15-2005

 Part I Administrative Legislation

  Chapter 109, Wetlands Commission

[HISTORY: Adopted by the Representative Town Meeting of the Town of Branford 1-16-1974. Amendments noted where applicable.]                                                                                                                                           

§ 109-1. Establishment.               

 Pursuant to the Inland Wetlands and Water Courses Act of the State of Connecticut, No. 155 of the Public Acts of 1972, as amended (hereinafter the "Act"), there is hereby established in the Town of Branford the Branford Inland Wetlands Commission (hereinafter the "Commission").                                                                                           

§ 109-2. Composition: terms of office and compensation. [Amended 6-14-1978; 9-9-1981; 11-13-1996; 6-10-1998]                                                                                                                                                                                   

 The Commission shall consist of seven regular members and three alternates. The 10 members shall be electors of the Town. All seven regular members and three alternate members shall be appointed by the Board of Selectmen and shall serve for terms of three years; provided, however, that in order to stagger the terms of membership, of the regular members to be appointed or reappointed for terms commencing June 1, 1998, three members shall be appointed to terms of three years; two members shall be appointed to terms of two years; two members shall be appointed to terms of one year; and, of the alternate members to he appointed or reappointed for terms commencing June 1, 1998, one alternate member shall be appointed to a term of one year; one alternate member shall be appointed to a term of two years; and one alternate member shall be appointed to a term of three years. Appointments shall become effective and terms shall commence on June 1. Members of the Commission shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of official duties.                                                                                                                                                                        

§ 109-3. Removal of members.                

 The Board of Selectmen shall not remove a member of the Commission except for good cause and, upon request of such member, only after public hearing. Failure to attend four consecutive meetings of the Commission shall constitute good cause for removal.                                                                                                                           

§ 109-4. Vacancies. [Amended 11-13-1996]                      

 Any vacancy in the membership of the Commission which may result from the death, resignation or removal of a member or from any other cause shall be filled for the unexpired term of such member by the Board of Selectmen.                                                                                                                                                                                   

§ 109-5. Promulgation of regulations.                

      A.The Commission shall promulgate as promptly as possible but in any event on or before June 30, 1974, such regulations as are necessary to:                                                                                                                                 

            (1)Provide for the manner in which the boundaries of the inland wetland areas in the Town of Branford shall be established and amended or changed; and                                                                                                  

             (2)Protect the inland wetlands and watercourses within the territorial limits of the Town.                                    

        B.Said regulations shall be in conformity with the Act and with said regulations promulgated pursuant to the Act by the Commissioner of Environmental Protection of the State of Connecticut. The Commission shall have all of the powers and be subject to all of the duties as may be conferred or imposed by a municipality upon its duly authorized inland wetlands agency pursuant to the Act, including all incidental powers necessary to enforce rules and regulations and to carry out the purposes of the Act.

§ 109-6. Reassessment of property.

  Whenever the Commission shall establish an inland wetland area or watercourse as provided by the Act and this chapter, a notice of such establishment shall be furnished to the Tax Assessor of the Town, who shall, within 90 days of receipt of such notice, revalue or reassess the property concerned to reflect the impact, if any, of such action upon its value, in the light of the guidelines set forth in Section 3 of Public Act No. 155, 1972, as amended in Public Act No. 571, 1973, and shall notify the owner or owners of such property as to the result of such revaluation or reassessment. Such revaluation or reassessment shall become effective on the first day of the next succeeding assessment year for said municipality.

Code of the Town of Branford, Connecticut.v49 Updated 12-15-2005

 Part I General Legislation

  Chapter 196, Penalties and Citations

[HISTORY: Adopted by the Representative Town Meeting as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

ARTICLE I, Inland Wetlands and Watercourses Violations [Adopted 12-8-2004]

§ 196-1. Designation of Citation Officers.              

  Any police officer, the Wetlands Enforcement Officer of the Town of Branford, or other person authorized by the First Selectman of the Town of Branford (each a "Citation Officer") is hereby empowered to issue citations in accordance with this article.                                                                                                                                      

§ 196-2. Issuance of citations.                   

  A Citation Officer may, upon a 2/3 vote of the Inland Wetlands Commission, issue a citation to any person who commits a violation of Inland Wetlands and Watercourses Regulations of the Town of Branford adopted by the Inland Wetlands and Watercourses Commission of the Town of Branford pursuant to § 22a-42 of the General Statutes as the same may be amended from time to time.                                                                                        

§ 196-3. Definitions and interpretation; each day of violation constitutes separate offense.                                   

       A.As used in this article, the following terms shall have the meanings indicated:                                                        

    REGULATIONS -- The Inland Wetlands and Watercourses Regulations of the Town of Branford as amended from time to time.                                                                                                                                                              

      B.Capitalized terms herein shall have the meanings ascribed to them in the Regulations. which are incorporated herein by reference.                                                                                                                              

       C.Each day for which a violation of the regulations exists shall be a separate offense.                                             

§ 196-4. Penalties for offenses; fines.    

There are hereby established the following fines for each violation of the Regulations:

      A.For Depositing any Material in, Removing any Material from, Discharging into, causing the Pollution of, excavating in, filling or draining of, grading in, or cutting of vegetation in any portion of a Wetland or Watercourse without a Permit or in violation of the Permit, a fine not to exceed $1,000, but not less $250 for each offense.   

      B.For conducting, undertaking, permitting the existence of, or allowing any Regulated Activity, without a Permit or in violation of the Permit which causes, directly or indirectly, any Material to enter into or upon any Wetland or Watercourse or any portion thereof or otherwise causes, either directly or indirectly, the Pollution of a Wetland or Watercourse or any portion thereof, a fine not to exceed $1,000, but not less than $250 for each offense.                                                                                                                                                                                   

      C.For conducting, undertaking, permitting the existence of, or allowing any Regulated Activity, without a Permit or in violation of the Permit, to occur within a Wetland or Watercourse or in any area outside of a Wetland or Watercourse which directly or indirectly impacts the physical characteristics of the Wetland or Watercourse, a fine not to exceed $1,000, but not less than $250 for each offense.                                                                               

§ 196-5. Hearing procedure.                       

 The procedures established in Article II, Citation Hearing Procedure, of this chapter will apply to citations issued under this article.                                                                                                                                                       

§ 196-6. Period for uncontested payment of fines.            

 The final period for the uncontested payment of any fines under this article shall be 30 days after the date of mailing of the citation.                                                                                                                                                           

§ 196-7. Deposit of fines.                       

 Any fine collected by the Town pursuant to this article shall be deposited to the general fund of the Town.                 

ARTICLE II, Citation Hearing Procedure [Adopted 12-8-2004]                                                                

§ 196-8. Procedure established.             

 There is hereby established a citation hearing procedure in accordance with § 7-152c of the General Statutes as herein set

forth.                                                                                                                                                         

§ 196-9. Appointment of hearing officers.              

 The First Selectman shall appoint one or more citation hearing officers, other than police officers, or employees or persons who issue citations, to conduct the hearings authorized by this article.                                                      

§ 196-10. Notice of violation.           

 The First Selectman, any police officer, or any person authorized by the First Selectman to issue a citation for the violation of any ordinance 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 § 7-148, § 22a-226d, § 22a-42g, or § 8-12a of the General Statutes or under any ordinance in which citations are authorized and may be issued in accordance with law, shall send notice to the person cited. Such notice shall inform the person cited:                                                                                                                                                                         

    A.Of the allegations against him and the amount of the fines, penalties, costs or fees due;                            

      B.That he may contest his liability before a citation hearing officer by delivering in person or by mail written notice within 10 days of the date thereof;                                                                                                                

      C.That if he does not demand such a hearing, an assessment and judgment shall be entered against him; and                                                                                                                                                                                   

      D.That such judgment may issue without further notice.                                                                                                

§ 196-11. Admittance of liability.                    

 If the person who is sent notice pursuant to § 196-10 of this article 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 in such notice. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in § 196-10 shall be deemed to have admitted liability, and the designated municipal official shall certify such person'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 §196-13 .                                                                           

§ 196-12. Hearing requirements.                     

 Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such 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. An original or certified copy of the initial notice of violation issued by the issuing official or policeman shall be filed and retained by the municipality, and shall be deemed to be a business record within the scope of § 52-180 and evidence of the facts contained therein. The presence of the issuing official or policeman shall be required at the hearing if such person so requests. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf. A designated municipal official, other than the hearing officer, may present evidence on behalf of the municipality. If such 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. The hearing officer may accept from such person copies of police reports, investigatory and citation reports, and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. 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. The hearing officer shall announce his decision at the end of the hearing. If he determines that the person is not liable, he shall dismiss the matter and enter his determination in writing accordingly. If he determines that the person is liable for the violation, he shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the applicable ordinances of the municipality.   

§ 196-13. Notice of assessment.              

 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 person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court for the geographical area in which the municipality is located together with the entry fee as required by law.                                                   

§ 196-14. Definitions.                       

 As used in this article, the following terms shall have the meanings indicated:                                                                  

   PERSON -- A natural person, or a group of natural persons, corporation, partnership, limited partnership, limited liability company, or such other entity or association which exists under law.                                                        

§ 196-15. Conflict with other provisions.   

 In the event of any conflict of the provisions of this article or any other ordinance with respect to any procedures for citations, the provisions of this article shall apply.