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6-2 Hearing procedure for Parking Violations

(a)       The Town of Stafford hereby establishes by ordinance a parking violation hearing procedure in accordance with Section 7-152 of the CGS. The superior court shall be authorized to enforce the assignments and judgments provided for under this section. 

 

(b)     The First Selectman of the Town of Stafford shall appoint one or more parking violation hearing officers, other than policemen or persons who issue parking tickets or work in the police department, to conduct the hearings authorized by this ordinance.

 

(c)      The Town of Stafford, at any time within two years from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any alleged violation under this ordinance adopted pursuant to section 7-148 or sections 14-305 to 14-308, inclusive, send notice to the motor vehicle operator, if known, or the registered owner of the motor vehicle by first class mail at his address according to the registration records of the Department of Motor Vehicles. Such notice shall inform the operator or owner: (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 parking violations 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 such judgment may issue without further notice. Whenever a violation of such an ordinance occurs, proof of registration number of the motor vehicle involved shall be prima facie evidence in all proceedings provided for in this section that the owner of such vehicle was the operator thereof; provided, the liability of a lessee under section 14-107 shall apply. 

 

(d)     If the person who is sent notice pursuant to subsection (c) of this ordinance 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 the Town. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. 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 subsection (c) of this section 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 and fees provided for by the ordinance and shall follow the procedures set forth in subsection (f) of this section.

 

(e)       Any person who requests a hearing shall be given a written notice of the date, time    

        and place for the hearing. Such hearing shall be held not less than fifteen days nor

        more than thirty days from the date of the mailing 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 a policeman or other issuing officer shall

        filed and retained by the Town, and shall be deemed to be a business record                  

        within the scope of section 52-180, and be evidence of the facts contained therein.

        The presence of the issuing policeman or issuing officer 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 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 this ordinance.

 

(f)       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 thirty days nor more than twelve months after such mailing, a certified copy of the notice of assessment with the clerk of the superior court, together with an entry fee of eight dollars. 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 record of assessment. The clerk shall enter judgment, in the amount of such record of assessment and court costs of eight dollars, against such person in favor of the municipality. Notwithstanding any other provision of the general statutes, the hearing officer’s assessment, when so entered as 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.

    

(g)      A person against whom an assessment has been entered pursuant to this ordinance is entitled to judicial review by way of appeal. An appeal shall be instituted within thirty days of the mailing of the 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, in the superior court, which shall entitle such person to a hearing in accordance with the rules of the judges of the superior court.

       

           Adopted: July 16, 1999

           Amended: July 16, 1999

 

 



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