§ 132-10. Appeals procedure.

A. 

The Town of Newtown, 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 C.G.S. § 7-148 for an alleged violation thereof, shall send notice to the party cited. Such notice shall inform the party cited:

(1) 

Of the allegations against the party and the amount of the fines, penalties, costs or fees due;

(2) 

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

(3) 

That if the party cited does not demand such a hearing, an assessment and judgment shall be entered against the party; and

(4) 

That such judgment may issue without further notice.

B. 

If the party to whom the notice is sent pursuant to Subsection A of this section wishes to admit liability for any alleged violation, the party 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 by such municipality. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such party or other party making the payment. Any party who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in Subsection A of this section shall be deemed to have admitted liability, and the designated municipal official shall certify such party'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 Subsection D of this section.

C. 

Any party 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 C.G.S. § 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 party so requests. A party wishing to contest its liability shall appear at the hearing and may present evidence on its behalf. If such party fails to appear, the hearing officer may enter an assessment by default against the party upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from such party copies of police reports, investigatory and citation reports, and other official documents by mail and may determine thereby that the appearance of such party is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as the hearing officer 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 the decision at the end of the hearing. If the hearing officer determines that the party is not liable, the matter shall be dismissed and the determination entered in writing accordingly. If the hearing officer determines that the party is liable for the violation, the hearing officer shall enter and assess the fines, penalties, costs or fees against such party as provided by the applicable ordinances of the municipality.

D. 

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 party 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 a Superior Court facility designated by the Chief Court Administrator, together with an entry fee of $8. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same party 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 $8, against such party in favor of the municipality. Notwithstanding any provision of the General Statutes, the 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 party.

E. 

A party 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 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with any entry fee in an amount equal to the entry fee for a small claims case pursuant to C.G.S. § 52-259, at a Superior Court facility designated by the Chief Court Administrator, which shall entitle such party to a hearing in accordance with the rules of the judges of the Superior Court.