You asked what a person can do if he disagrees with an order issued by a zoning enforcement officer or wishes to delay its effect until the zoning commission changes its regulations. Your request specifically referred to “cease and desist” orders, which in this context apply to soil removal and related activities; this report also addresses “written orders,” which are issued in a broader context of zoning violations. You also wanted to know what a municipality can do if a person violates an order.

This report describes statutory provisions regarding the enforcement of zoning regulations. In some municipalities, the town’s zoning authority derives from a special act, which may have different enforcement provisions.

SUMMARY

Zoning enforcement officers routinely issue orders requiring individuals to comply with municipal zoning regulations. A person who disagrees with an order may appeal it to the municipality’s zoning board of appeals (ZBA). Filing an appeal stays the order in some circumstances. The ZBA must hold a hearing on the appeal, and can affirm, reverse, or modify the order. The ZBA’s decision can be appealed to the courts.

In most cases a person has 10 days in which to comply with the orders of a zoning enforcement officer before becoming subject to penalties. The statutes do not provide a procedure for delaying the effect of an order while a person seeks to have the regulations amended, as distinct from the stay that may apply when a person appeals an order. The statutes do not seem to preclude municipal zoning regulations from providing for such delays, but we are not aware of any municipality that has such provisions.

Violations of zoning enforcement officer orders are subject to a fine of up to $ 2,500. In addition, violations of the underlying zoning regulations are subject to civil and criminal penalties. The municipality can also seek an injunction.

Alternatively, a municipality can establish its own penalties for violation of its zoning regulations. The maximum fine is $ 150 for each day the violation continues. If the alleged violator contests the penalty, the case must be heard by a hearing officer, who cannot be the zoning enforcement officer or similar official.

ENFORCEMENT OF ZONING ORDERS

Zoning Enforcement Officers

A zoning commission must designate, in its zoning regulations, an officer, board, or authority to inspect buildings to ensure their compliance with the regulations (CGS § 8-12). A member of the municipality’s ZBA may not serve as the zoning enforcement officer (CGS § 8-11a). In practice, zoning enforcement officers often have other responsibilities, such as serving as the municipality’s building inspector.

The zoning commission must provide the manner in which the regulations will be enforced (CGS § 8-3). The enforcement officer can issue written orders to cease carrying on prohibited activities, e. g. , erecting or maintaining buildings or using land in violation of the regulations. He can also issue cease and desist orders for violations involving the grading of land, the removal of soil, or soil erosion or sediment control. Unlike written orders, cease and desist orders are effective immediately (CGS § 8-12).

Appeals

If a person disagrees with an order he may appeal it to the ZBA under CGS § 8-7. The appeal must be taken within the period specified by the ZBA, or within 30 days if the ZBA has not established an appeals period. The appeals period starts on the earliest of:

An appeal only stays an order prohibiting further construction or expansion of a use in violation of the regulations to the extent the ZBA specifies. In other cases, the appeal stays the order, unless the zoning enforcement officer certifies to the ZBA that a stay would cause an imminent peril to life or property. A court can still issue a restraining order barring enforcement of the order in such cases, for due cause after notifying the officer.

The ZBA must hold a public hearing on the appeal. It can affirm, reverse, or modify the order. A vote of four of the board’s five members is required to reverse the officer’s order, requirement, or decision. The ZBA’s decision can be appealed to the courts (CGS § 8-8). At any time after filing the appeal to the courts, the parties can agree to mediate the dispute (CGS § 8-8a).

Penalties and Other Sanctions

The law (CGS § 8-12) subjects a person to a civil penalty of up to $ 2,500 if he (1) has been served with a written order and fails to comply with within ten days, (2) has been served with a cease and desist order and fails to comply immediately, or (3) continues to violate the provision of the regulation specified in the order. In addition, the court can grant the municipality injunctive relief if a person subject to an order does not comply with or appeal the order (Gelinas v. West Hartford, 225 Conn. 575 (1993)).

In addition to these penalties for violating an order, a violation of the underlying regulations is subject to civil and criminal penalties. Ordinarily, violations are subject to a fine of between $ 10 and $ 100 per day. However, if the violation is willful, the violator is subject to a fine of between $ 100 and $ 250 per day, imprisoned up to 10 days for each day of the violation, or both.

Alternatively, a municipality’s legislative body can establish penalties for violations of the zoning regulations. These penalties, unlike those described above, apply to violations of regulations established under the statutes or by special act. The ordinance must specify (1) the type of violations that are covered by the penalties, (2) the amount of the fine, which cannot exceed $ 150 for each day the violation continues, and (3) the period in which the offender can pay an uncontested fine. The municipality must hold a hearing, under the procedures described in CGS § 7-152c, for contested cases. The hearing officer cannot be the zoning enforcement officer, building inspector, or an employee of the municipal body exercising zoning authority. If a court finds that a zoning enforcement officer has issued a citation frivolously or without probable cause, the officer is liable for treble damages.

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