Connecticut Seal

General Assembly

 

Raised Bill No. 5502

February Session, 2012

 

LCO No. 2225

 

*02225_______JUD*

Referred to Committee on Judiciary

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING STANDING TO APPEAL A ZONING DECISION AND MUNICIPAL POWER TO OBTAIN A SEARCH WARRANT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 8-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) As used in this section:

(1) "Aggrieved person" means [a] any person owning land in this state who is aggrieved by a decision of a board and includes any officer, department, board or bureau of the municipality charged with enforcement of any order, requirement or decision of the board. In the case of a decision by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, "aggrieved person" includes any person owning land in this state that abuts or is within a radius of one hundred feet of any portion of the land involved in the decision of the board.

(2) "Board" means a municipal zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals or other board or commission the decision of which may be appealed pursuant to this section, or the chief elected official of a municipality, or such official's designee, in a hearing held pursuant to section 22a-250, whose decision may be appealed.

Sec. 2. Subdivision (10) of subsection (c) of section 7-148 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(10) (A) Make all lawful regulations and ordinances in furtherance of any general powers as enumerated in this section, and prescribe penalties for the violation of the same not to exceed two hundred fifty dollars, unless otherwise specifically provided by the general statutes. Such regulations and ordinances may be enforced by citations issued by designated municipal officers or employees, provided the regulations and ordinances have been designated specifically by the municipality for enforcement by citation in the same manner in which they were adopted and the designated municipal officers or employees issue a written warning providing notice of the specific violation before issuing the citation;

(B) Adopt a code of ethical conduct;

(C) Establish and maintain free legal aid bureaus;

(D) Perform data processing and related administrative computer services for a fee for another municipality;

(E) Adopt the model ordinance concerning a municipal freedom of information advisory board created under subsection (f) of section 1-205 and establish a municipal freedom of information advisory board as provided by said ordinance and said section; and

(F) Obtain a search warrant from the superior court for the judicial district in which the municipality is located for the purpose of enforcing a municipal ordinance or regulation adopted pursuant to (i) this section, (ii) section 7-147a, 8-2, 8-25 or 22a-42, or (iii) any other provision of the general statutes related to municipal administration or enforcement.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2012

8-8(a)

Sec. 2

July 1, 2012

7-148(c)(10)

Statement of Purpose:

To: (1) Limit appeals of certain zoning decisions to an aggrieved person who owns land in this state, and clarify that an "aggrieved person", in the case of a decision by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, includes a person who owns land that abuts or is within one hundred feet of the land involved in the decision, provided such person's land is within this state; and (2) grant municipalities general power to obtain a search warrant in order to enforce municipal ordinances, regulations and other administration or enforcement powers granted by statute.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]