§ 427-10. Procedure for issuance of citations.

A. 

The Administrative Officer of the Newington Conservation Commission, or his agent, shall issue a written notice to any person who violates any provision of the Inland Wetlands and Watercourses Regulations of the Town of Newington. No written notice may be issued against the state or any state official or employee acting within the scope of his employment. Such written notice shall explain the nature of the violation and the steps required for compliance and shall allow a seventy-two-hour period within which to correct the violation or within which a written plan for correction shall be submitted to the Administrative Officer of the Newington Conservation Commission, or his agent, setting forth a reasonable time period for correction of the violation as agreed upon by the Administrative Officer of the Newington Conservation Commission, or his agent. A written notice issued pursuant to this subsection shall be served: 1) by hand delivery, at which time the seventy-two-hour period shall begin; or 2) by certified mail, return receipt requested, and by regular first class mail. Three business days shall be allowed for mail delivery of the notice prior to the commencement of the seventy-two-hour period.

B. 

Within two business days after the period for correction established in Subsection A expires, the Administrative Officer of the Newington Conservation Commission or his agent shall reinspect the subject property to determine compliance.

C. 

If the violations set forth in the written notice have not been corrected at the time of reinspection, such person as authorized by the Town Manager in his capacity as chief executive officer shall issue a citation and fine for each violation by hand; by certified mail, return receipt requested; or by the Town Manager or his designee leaving a true and attested copy of the citation at the usual place of abode or residence of the person in violation; or in the case of a corporate or business entity, delivery to the business address or the address of the statutory agent of said entity. No such fine shall be levied against the state or any state official or employee acting within the scope of his employment. All citations issued pursuant to this section shall state the violation for which the citation is being issued, the fine imposed for the violation, the time period within which the fine must be paid, and an address for remittance of the fine. The Newington Town Council shall periodically update the schedule of fines for violations by way of resolution. The current fine for each violation shall be as follows:

	Nature of Violation	Amount of Civil Fine
	Carrying on activities without a permit, or carrying on activities not authorized by a permit, in the upland review area, which do not pose an immediate danger to a wetland or watercourse	$75
	Carrying on activities without a permit, or carrying on activities not authorized by a permit, in the upland review area, which may pose an immediate danger to a wetland or watercourse	$150
	Carrying on activities without a permit, or carrying on activities not authorized by a permit, in a wetland or watercourse, which cause limited and/or correctable damage to the wetland or watercourse	$200
	Excavating in, filling or draining of any portion of a wetland or watercourse, without a permit	$750
	Carrying on activities without a permit, or carrying on activities not authorized by a permit, which cause sediment to flow into any wetland or watercourse or otherwise cause the pollution of any portion of a wetland or watercourse	$750
	Carrying on without a permit, or outside the authorization of a permit, any regulated activities in a regulated area not listed above	$250