§ 1-9. General penalty; violations

Whenever in this Code or in any ordinance of the town any act is prohibited or is made or declared to be unlawful, an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or ordinance shall be punished as outlined below.

This section shall be known and may be cited and referred to as "Civil Enforcement Ordinance of the Town of Colchester."

A. Civil ordinance violations jurisdiction; enforcement of civil ordinance violations:

(1) A civil penalty (a fine not more than that allowed by law) may be imposed for a violation of a civil ordinance. Each day the violation continues shall constitute a separate violation. The following penalties may be assessed for all municipal complaints:

First offense .....$200.00

Second offense .....400.00

Third and subsequent offenses .....800.00

Waiver fee (first offense) .....100.00

Waiver fee (second offense) .....200.00

Waiver fee (third and subsequent offenses) .....400.00

(2) All civil ordinance violations, except municipal parking violations, and all continuing civil ordinance violations, where the penalty is eight hundred dollars ($800.00) or less, shall be brought before the judicial bureau pursuant to Title 24, Chapter 59 and Title 4 of the Vermont Statutes Annotated.

B. Civil ordinance violation complaint; complaint for municipal civil ordinance violations:

(1) The summons and complaint shall be a form known as the "municipal complaint."

(2) The municipal complaint shall be signed by the issuing municipal official. The original copy shall be filed with the judicial bureau. A copy shall be retained by the issuing municipal official and two (2) copies shall be given to the defendant.

(3) The municipal official may void or amend the municipal complaint issued by that official by so marking the complaint and sending it to the judicial bureau.

(4) The municipal complaint shall contain a description of the ordinance allegedly violated, the allegations, the amount of the penalty and an explanation of rights and instructions on answering the allegations. The municipal complaint shall contain, in boldface print, the following:

"IF YOU ADMIT TO A VIOLATION OF THE ORDINANCE OF THE TOWN/CITY/VILLAGE OF OR IF YOU DO NOT CONTEST THE ALLEGATIONS, SIGN THE COMPLAINT ADMITTING THE VIOLATION OR STATING THAT THE ALLEGATIONS ARE NOT CONTESTED AND SEND IT TO THE JUDICIAL BUREAU WITHIN 20 DAYS.

"IF YOU WANT TO DENY THE ALLEGATIONS IN THIS COMPLAINT, YOU MUST SEND A SIGNED DENIAL TO THE JUDICIAL BUREAU WITHIN 20 DAYS.

"IF YOU DO NOT ANSWER THIS COMPLAINT WITHIN 20 DAYS, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU AND YOU WILL BE REQUIRED TO PAY A FEE OF TWENTY DOLLARS ($20.00) FOR FAILURE TO ANSWER THE COMPLAINT WITHIN THE TIME ALLOWED. THE FAILURE TO PAY THE PENALTY ASSESSED WILL RESULT IN FURTHER LEGAL ACTION AGAINST YOU.

"IF YOU ADMIT OR DO NOT CONTEST OR DO NOT ANSWER, YOU WILL BE LIABLE FOR THE AMOUNT INDICATED IN THE COMPLAINT."

C. Civil ordinance violation response; answer to municipal complaint; default:

(1) A person who is charged with a municipal civil ordinance violation shall have twenty (20) days from the date the municipal complaint is issued to admit or deny the allegations or to state that he or she does not contest the allegations in the complaint.

(2) A person who admits or does not contest the allegations may so indicate and sign the complaint. The judicial bureau shall accept the admission or statement that the allegations are not contested and accept payment of the waiver fee.

(3) If the person sends in the amount of the waiver penalty without signing the complaint, the judicial bureau shall accept the payment indicating that payment was made and that the allegations were not contested. If the person who admits the violation fails to pay the waiver fee, the judicial bureau shall enter a default judgment against the person.

(4) A person who denies the allegations may so indicate and sign the complaint. Upon receipt, the judicial bureau shall schedule a hearing.

(5) If a person fails to appeal or answer a municipal ordinance complaint or fails to appear at a municipal hearing, the judicial bureau shall enter a default judgment against the person. The judicial bureau shall assess the full penalty provided for in the ordinance found to have been violated. The bureau shall mail a notice to the person that a default judgment has been entered. A default judgment may be set aside by the hearing officer for good cause shown.

D. Civil ordinance violation hearing:

(1) The judicial bureau shall notify the person charged and the issuing official of the time and place for the hearing.

(2) The hearing shall be held before a hearing officer and conducted in an impartial manner. The hearing officer may, by subpoena, compel the attendance and testimony of witnesses and the production of books and records. All witnesses shall be sworn. The burden of proof shall be on the municipality to prove the allegations by clear and convincing evidence. As used in this section, "clear and convincing evidence" means evidence which establishes that the truth of the facts asserted is highly probable.

(3) The municipality may be represented by a municipal official. "Municipal official" shall be defined as being any Colchester Police Officer, the zoning administrator, the assistant zoning administrator, the building inspector, the assistant building inspector, the director of planning and zoning, the health officer, and the designated animal control officer.

(4) At the hearing, the municipal official may dismiss or amend the complaint, subject to the approval of the hearing officer.

(5) The hearing officer shall make findings which shall be stated on the record or, if more time is needed, shall make written findings at a later date. The hearing officer may make a finding that the person has committed a lesser-included violation.

E. Civil ordinance violation appeals:

(1) A decision of the hearing officer may be appealed to the criminal division of the superior court. The proceeding before the criminal division of the superior court shall be on the record, or at the option of the defendant, de novo. If the appeal is de novo, the defendant shall have the right to trial by jury. An appeal shall stay payment of a penalty.

(2) If a decision is appealed, the municipal attorney shall represent the municipality.

(3) No appeal as of right exists to the Vermont Supreme Court. On motion made to the Vermont Supreme Court by a party, the Vermont Supreme Court may allow an appeal to be taken to it from the criminal division of the superior court.

(4) If an appellant prevails on an appeal to the criminal division of the superior court, the town will reimburse the filing fee paid.

(Ord. of 9-10-96; Ord. of 9-27-97; Ord. of 7-14-98; Ord. of 2-24-04; Ord. of 2-9-10; Ord. of 5-14-13)