Ordinance Hearings Set

For Sept. 17

By Jan Howard

The Legislative Council will hold a public hearing September 17, at 7 pm, in the Cyrenius H. Booth Library meeting room, 25 Main Street, to discuss the possible enactment of three proposed ordinances.

Alcohol Possession,   Hosting Events

A proposed ordinance would prohibit alcohol possession by minors and hosting events serving alcohol to minors. A $90 fine would be imposed for violation of any provision of the proposed ordinance.

According to the proposed ordinance, no person under the age of 21 should be in possession of or in control of, any container of alcoholic beverages, “whether open, unopened or closed,” in Newtown “except when accompanied by or in the presence of his/her parent, guardian or spouse” who has attained the age of 21. The restriction applies to both public and private property.

In regard to hosting events, under the proposed ordinance no person “shall host an event which allows the consumption or dispensing of alcoholic liquor to or by a minor or minors unless said minor or minors is or are accompanied by or in the presence of his or her parent, guardian or spouse” who has attained the age of 21.

The prohibition applies to any event or gathering within Newtown, whether on public or private property.

Blight Ordinance

A blight ordinance would address personal property that is incapable of performing a function for which it was designed because of missing parts, being broken or damaged, or having broken essential components.

The ordinance addresses discarded motor vehicles and motor vehicle parts, unsightly material, and deteriorating and dilapidated buildings.

Under the ordinance, no owner of real property in Newtown “shall permit any discarded motor vehicle or motor vehicle parts to be parked or stored in the area visible from a public highway or street or visible from adjacent property,” even if the property is used for motor vehicle repair with an appropriate license or unless the owner maintains or constructs a legally licensed junkyard.

No unsightly materials, such as unusable, discarded, or household appliance, furniture, equipment, etc, should be “visible from a public highway or street or from an adjacent property.”

Also, no owner “shall allow to exist a deteriorating and/or dilapidated building” that is visible from a public highway, street, or adjacent property. Enforcement would consist of written notice by certified or registered mail, stating the violation, and requiring appropriate action to alleviate the problem or to submit an action plan.

If the problem is not alleviated within ten days or an action plan approved, the town “may move to correct the blight at the owner’s expense,” according to Chapter 98 of the Connecticut General Statutes. The cost of the work would be billed to the property owner.

If after 30 days, the town has not been reimbursed, the town would be able to lien the property for its cost plus costs of administration.

The proposed ordinance also sets forth an appeals process.

The ordinance provides for a fine of $50 per day after ten days has expired and no action was taken to correct the violation.

This ordinance would amend all existing ordinances imposing fines, designate a town citation hearing officer, and establish an appeals procedure.

The proposed ordinance would repeal or amend wording in Ordinance 59A, 62, and 78, and adds seven amendments as an additional provision to the following ordinances: 3, 13, 20, 28, 31, 34, and 34A, 35, 38, 58A, 59A, 62, and 71.

The proposed ordinance would list the maximum fine for each violation under an ordinance as $90 or the amount set forth in the ordinance, whichever is less. Any person fined for a violation could appeal the fine to the town’s hearing officer.

An amendment would authorize the first selectman, with the approval of the Board of Selectmen, to appoint one citation hearing officer, other than police officers or employees or persons who issue citations, to conduct the hearing.

The proposed ordinance would also establish an appeals procedure.