Date: Fri 21-Nov-1997

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-borough-ordinance

Full Text:

P&Z Eyes Borough's Zoning Enforcement Ordinance

BY ANDREW GOROSKO

To enforce borough zoning regulations and to punish violators, the Borough of

Newtown plans to levy fines when its zoning rules are broken.

The effort to put some teeth into the borough's zoning enforcement has drawn

the interest of the town's Planning and Zoning Commission, who are now

reviewing the recently-approved borough ordinance.

Borough Zoning Enforcement Officer Jean St Jean said this week the appeals

period for the borough ordinance on zoning rule enforcement has passed without

any legal challenges to it, so the ordinance is now in effect. Some additional

paperwork remains to be done to formalize the citation process specified in

the ordinance, she said. Ms St Jean said she expects all work on the violation

citation process to be completed next week.

James Gaston, who is a member of the Borough Board of Burgesses and a lawyer,

will serve as the borough's hearing officer in the enforcement process, Ms St

Jean said.

P&Z members briefly discussed the borough's zoning enforcement ordinance at a

November 6 P&Z session.

Town Zoning Enforcement Officer William Nicholson told P&Z members he favors

having such an ordinance in place to help enforce land use regulations. Mr

Nicholson, a member of the Connecticut Association of Zoning Enforcement

Officers (CAZEO), told P&Z members that several local governments in the state

have implemented the state enabling legislation on enforcing zoning

regulations, just as the Borough of Newtown has done.

Mr Nicholson said he is concerned about the many illegal signs posted by

businesses situated along South Main Street, explaining that it is difficult

to enforce the zoning regulations concerning commercial signs in that area.

Sign display problems often involve businesses posting too many signs and

signs that are larger than the town regulations allow.

Mr Nicholson suggested the P&Z use an ordinance such as the one enacted by the

borough.

The state legislation that allows local governments to create ordinances on

enforcing zoning regulations has been in effect for less than one year, Mr

Nicholson noted.

Enforcing the zoning regulations typically involves a zoning enforcement

officer seeking to persuade violators to comply with applicable rules, and

then issuing cease-and-desist orders if the rules are not met. The town

typically has reserved the use of lawsuits as a last resort in enforcing the

regulations.

Creating an ordinance to enforce zoning rules through fines creates an

intermediary enforcement step between issuing cease-and-desist orders and

court action.

Provisions

The borough ordinance provides that the borough zoning enforcement officer may

issue citations for violations of the borough regulations. The fine for each

citation of a violation will be $100 payable to the borough's treasurer.

Anyone who receives such a citation will be given 30 days to make an

uncontested payment of the fine.

If the person cited for the violation does not pay the fine, the person may

contest his or her liability before a hearing officer by requesting a hearing

in writing. The person cited will be formally notified of the date, time and

place of the hearing.

"The rules regarding the admissibility of evidence shall not be strictly

applied, but all testimony shall be given under oath or affirmation,"

according to the borough ordinance.

The borough warden shall appoint one or more hearing officers to conduct the

borough zoning regulation violation hearings. Neither the borough zoning

enforcement officer, the borough building inspector, nor any borough employee

or Borough Zoning Commission employee may be appointed as a hearing officer.