§ 201-12. Enforcement.

A.

Notice of Violation. Whenever an Authorized Enforcement Agent finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, he or she may order compliance by written notice of violation to the responsible person or persons. Such notice may require without limitation:

(1)

The performance of monitoring, analyses, and reporting;

(2)

The elimination of illicit connections or discharges;

(3)

That violating discharges, practices, or operations shall cease and desist;

(4)

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

(5)

Payment of a fine to cover administrative and remediation costs; and

(6)

The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

B.

Fines. The fines shall not exceed the maximum permitted under state law, and the amount shall be determined in accordance with this Subsection B.

Fine Schedule: The fine for violations involving more than one (1) activity shall be equal to the sum of the fines for each applicable activity class.

Activity Class	Fine
First violation	$ 100.00
Second violation	$ 200.00
Third and subsequent violations	$ 250.00

 

Any fine collected by the City of Stamford pursuant to this article shall be deposited into the City of Stamford's general fund account.

C.

Issuance of Citations.

1.

An Authorized Enforcement Agent may issue a citation to any person who commits a violation or a continuing violation of this Chapter. Any such citation may be issued either by hand delivery or by certified mail to the person named in such citation. In such instances, each citation shall apply jointly and severally to the Owner of the property in question and his/her agents, contractors and subcontractors. An original or certified copy of the initial citation issued by the issuing official shall be filed and retained by the City of Stamford and shall be deemed to be business record within the scope of Section 52-180 of the Connecticut General Statutes and evidence of the facts contained therein. In addition, a copy of the initial citation shall be reported to the Connecticut Department of Energy and Environmental Protection, pursuant to Section 22a-31-14 of the Connecticut General Statutes.

2.

The citation shall inform such person:

(a)

Of the allegations against him or her for which the citation is issued pursuant to this Section and the amount of the fines, penalties and costs, as fees due;

(b)

That the person has a period of thirty (30) days from the date of the citation (i.e., the date of hand delivery or the date the citation was mailed) to make an uncontested payment of the fines;

(c)

Payment may be made by cash, credit card, checks or money orders made payable to the City of Stamford and submitted in person or mailed to Cashiering and Permitting, City of Stamford, P.O. Box 10152, Stamford, CT 06904-2152.

(d)

The citation notice shall also inform the person cited that he/she 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. The notice shall also inform the person cited that if he/she does not demand such a hearing, an assessment and judgment shall be entered against him/her and that such judgment may issue without further notice.

3.

Each violation shall be a separate and distinct offense. In the case of the continuing violation, at the discretion of the Regulatory Compliance and Administrative Officer and with the prior consent of the Director of Operations, daily citations may be issued commencing two (2) calendar days from receipt of the notice of violation.

D.

Admission of liability by payment of fine. If any person who is sent notice pursuant to this Section wishes to admit to liability for any alleged violation, he/she may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to. Payment may be made by cash, credit card, checks or money orders made payable to the City of Stamford and submitted in person or mailed to Cashiering and Permitting, City of Stamford, P.O. Box 10152, Stamford, CT 06904-2152.

E.

Hearing on Notice of Violation. Any person may demand a hearing on any Notice of Violation and/or any fine by delivering a written request for the same to the Regulatory Compliance and Administrative Officer within ten (10) calendar days of the date of the first notice provided for in this section. Any person who does not deliver such written request shall be deemed to have admitted liability, and the Regulatory Compliance and Administrative Officer 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 this Section and shall follow the procedures set forth in the Uniform Administrative Procedure Act, C.G.S. Sections 4-166 through 4189g.

Any person who requests a hearing shall be given written notice by certified mail of the date, time and place for the hearing. Such hearing shall be held not less than fifteen (15) calendar days or more than thirty (30) days from the date of the mailing of notice, provided that the Hearing Officer shall grant upon good cause shown a postponement or continuance for any reasonable request by any interested party. Once a hearing has been requested, no additional citations shall be issued.

The presences of the issuing official shall be required at the hearing if such person so requests. A person wishing to contest his/her liability shall appear at the hearing and may present evidence in his/her behalf.

If the person who demanded a hearing fails to appear, the Hearing Officer may enter an assessment by default against him/her upon finding of proper notice and liability under this Section.

A designated municipal official, other than the Hearing Officer, may present evidence on behalf of the municipality.

The Hearing Officer may accept from the designated municipal official, copies of police reports, investigatory and citation reports and other official documents by mail and may determine thereby that the appearance of the municipal official not necessary.

The Hearing Officer shall conduct the hearing in the order and form and with such methods of proof as he/she 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/her decision at the end of the hearing.

1.

If the Hearing Officer determines that the person is not liable, he/she shall dismiss the matter and enter his/her determination, in writing, accordingly.

2.

If the Hearing Officer determines that a violation has occurred and that the person is liable for the violation, he/she shall then enter a determination that a violation has been committed and, as applicable, assess the fines, penalties, costs or fees against such person as provided by this Section, in writing, with a copy to the violator.