§ 23-3. Appeals and citation hearing officers.

The following citation hearing procedure is adopted for use in enforcing all ordinances designated by the city council pursuant to section 7-148(c)(10) of the Connecticut General Statutes:

(a)

Appointment of citation hearing officers. The mayor of the City of Bristol shall appoint one (1) or more citation hearing officers, other than police officers or employees or persons who issue citations, to conduct the hearings authorized by this section, one of whom shall be designated as senior citation hearing officer.

(b)

Appeal. At any time within twelve (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 section 7-148 or section 22a-226d of the Connecticut General Statutes, or zoning regulations adopted pursuant to section 8-2 of the Connecticut General Statutes, or special act, or wetlands regulations adopted pursuant to section 22a-42 of the Connecticut General Statutes, for an alleged violation thereof, the citation officer shall send notice to the person cited. Such 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 (10) days of the date thereof to the City of Bristol Corporation Counsel Office, 111 North Main Street, Bristol, CT 06010;

(3)

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

(4)

That such judgment may issue without further notice.

(c)

Waiver or failure to demand hearing.

(1)

If the person who is sent notice pursuant to subsection (b) of this section 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 the city or department of the city as indicated on said notice. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment.

(2)

Any person who does not deliver or mail written demand for a hearing within ten (10) days of the date of the first notice provided for in subsection (b) of this section to the City of Bristol Corporation Counsel Office, 111 North Main Street, Bristol, CT 06010 shall be deemed to have admitted liability, and said citation hearing officer shall enter a finding certifying such person's failure to respond upon motion of the citation officer. The citation 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 subsection (e) of this section.

(d)

Hearing procedure. 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 fifteen (15) days nor more than thirty (30) days from the date of the mailing of the 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 city, and shall be deemed to be a business record within the scope of section 52-180 of the General Statutes 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 city. 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 city.

(e)

Entry of civil judgment. If such 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 cited person found liable and shall file, not less than thirty (30) days nor more than twelve (12) months after such mailing, a certified copy of the notice of assessment with the clerk of a superior court facility designated by the chief court administrator within the boundaries of the judicial district in which the city is located together with an entry fee. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one (1) record of assessment. The clerk shall enter judgment, in the amount of such record against such person in favor of the city. Notwithstanding any other provision of the General Statutes, the citation hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person.

(f)

Judicial review. A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within thirty (30) days of the mailing of notice of such 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 pursuant to section 52-259 of the General Statutes, at a superior court facility designated by the chief court administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the superior court.

(Ord. of 11-13-90; Ord. of 4-28-03; Ord. of 6-12-07; Ord. of 8-12-08; Ord. of 4-10-18)