23.1

These regulations shall be enforced by a Zoning Enforcement Officer (ZEO) who shall be appointed by formal vote of the Planning and Zoning Commission. The Planning and Zoning Commission may appoint an individual hired for this purpose, a qualified Town employee, or the Planning and Zoning Commission itself as the Zoning Enforcement Officer. An Assistant Zoning Enforcement Officer may be appointed as needed. The Zoning Enforcement Officer shall serve under the direction of the Director of Land Use and Code Compliance Office for the Town of Seymour and enforce the regulations for the Planning and Zoning Commission and shall have the powers and duties specified by Connecticut General Statutes §§ 8-12 and 8-12a, and by these regulations.

23.2

The Zoning Enforcement Officer shall investigate all complaints of violations of these regulations except that preference will be given to written, signed complaints. The Zoning Enforcement Officer may discuss a complaint with the Planning and Zoning Commission and receive direction from the Commission before taking an enforcement action.

23.3

Possible Violation: Upon first becoming aware that a violation of these regulations may exist, it is the duty and responsibility of the ZEO(s) to review the facts and verify the violation. The ZEO will then issue a verbal and/or written notification of the facts of the possible violation to the individual property owner, or other person(s) responsible for the violation taking place.

23.4

The ZEO will determine the priority of possible zoning enforcement actions and deal with them accordingly as follows:

23.4.1

Possible violations that pose immediate danger to the public health, safety, and general welfare of the community.

23.4.2

Possible violations related to grading of land, the removal of earth or soil erosion and sediment control.

23.4.3

Possible violations related to development projects that are in the construction phase.

24.4.4

Those associated with neighbor/civil disputes will receive the lowest priority.

23.5

Notice of Violation and Request for Voluntary Compliance: Upon hearing any information provided by the individual property owner, tenant or other person(s) responsible, the ZEO may issue a Notice of Violation and Request for Voluntary Compliance. The ZEO will initiate dialogue and/or notify the individual property owner or other person responsible in writing of the violation and request voluntary compliance.

If the violation involves the grading of land, removal of earth or soil erosion and sediment control, or is determined to be an emergency or egregious in nature, a Cease-and-Desist Order may be issued (to be effective immediately) instead of a Notice of Violation. In such instances, the ZEO may issue such Order and then bring notice to the Commission at its next regular meeting.

23.6

Follow up Inspection: The Notice of Violation shall include a grace period to allow voluntary compliance, depending on the severity of the violation and the threat to public health, safety and welfare.

23.7

Upon expiration of the grace period, the ZEO will conduct a follow up inspection to determine if compliance has been achieved. If substantial progress has been made toward correction of the violation, the Commission may extend the grace period for up to an additional thirty (30) days.

23.8

Cease and Desist Order: If the first or second follow up inspection reveals that the property is still in violation, or if the violation and violator represent a persistent violation, the Planning and Zoning Commission may instruct the ZEO to issue a Cease and Desist Order. If the violation involves the grading of land, removal of earth or soil erosion and sediment control, or is determined to be an emergency or egregious in nature, the Cease and Desist shall require the violation to be corrected immediately.

23.9

Notice of Violation: Following the issuance of a cease-and-desist order or order to remedy a zoning violation by the ZEO, and the subsequent failure of the individual property owner, or other person(s) responsible, as the case may be, to comply with such order, unless any such order has been appealed to, and overturned by, the Zoning Board of Appeals:

A.

The ZEO or other authorized municipal agent shall place the intent to file a Notice of Zoning Violation on the agenda of the Planning and Zoning Commission.

B.

The ZEO or other authorized municipal agent shall file the Notice of Zoning Violation on the Seymour Land Records.

C.

Once any violation has been corrected to the satisfaction of the Planning and Zoning Commission and all fines or penalties been paid in full, the ZEO shall file a Notice of Release Zoning Violation on the Seymour Land Records.

23.10

Penalties: The owner or agent of a building, other structure, or property where such violation shall have been committed or shall exist, or the lessee or tenant of an entire building or an entire lot where such violation shall have been committed or shall exist or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in such violation or who shall maintain any building or premises in which such violations exist shall be subject to the penalties as provided in Chapter 124 of the Connecticut General Statutes, including any municipal fines as authorized by Town Ordinance #2001(c) approved October 16, 2001 by the Seymour Board of Selectpersons as well as in accordance with Connecticut General Statutes § 8-12a.

23.11

Remedy through the Courts: The Planning and Zoning Commission may request the Board of Selectpersons to direct Town Counsel to commence criminal or civil action in State or Federal court for enforcing the provisions of these Regulations.