Skip to content
Town of Wethersfield, Connecticut. Ye most auncient towne in Connecticut. 1634.
 

After approval by Town Council, changes or additions to town ordinances are posted here until such time as the Town Code Online can be updated. In all cases, only the copy of the Code maintained in the Town Clerk's office may be relied upon.

 

Chapter 84, An Act Authorizing the Establishment of Special Revenue and Capital Project Funds

[The following ordinance will be added as Chapter 84, An Act Authorizing the Establishment of Special Revenue and Capital Project Funds. Approved June 18, 2007.]

§ 84-1. Establishment.

Pursuant to generally accepted accounting principles, the Finance Director shall have the authority to establish any required Special Revenue Funds and funds for the appropriate accounting of Capital Projects.

§ 84-2. Custody and Investment of Funds.

Funds shall be in the custody of the Treasurer of the Town of Wethersfield. All or any part of the moneys in said fund may, from time to time, be placed in any investment instruments in which public funds may lawfully be invested. Certain Special Revenue funds may have legal restrictions that prevent them from earning investment income or may require a separate cash account. Those funds shall be segregated into the appropriate account to adhere to such legal restrictions. All income derived from the funds that are legally permitted to have such investments shall be paid into the appropriate fund and in appropriate cases shall become a part thereof. The moneys so invested shall at all times be subject to withdrawal from such investment for the uses provided herein.

§ 84-3. Annual Report.

Annually, the Finance Director shall submit to the Council the annual financial report which will include the accounting of these funds.

§ 84-4. Expenditures.

Such fund shall be used by the municipality for the payment of restricted or designated expenditures of the fund.

§ 84-5. Duration.

Such fund shall not lapse at the close of the municipal fiscal year. Special Revenue funds shall be closed when the purpose of that fund has been completed. In some instances the fund will be ongoing. Any balance at the close of the Special Revenue fund shall be transferred to the fund deemed legally appropriate by the Town Manager and Finance Director. Capital Project or Improvement funds/accounts are temporary funds which should be eliminated once the specific capital project has been completed. Any balance which remains in a capital improvements or capital projects fund shall be transferred to the appropriate debt service fund or other fund as may be required.

§ 84-6. Definitions.

"Special Revenue funds" are funds used to account for the proceeds of special revenue sources (other than special assessments, expendable trusts, or major capital projects) that are restricted to provide for particular functions and activities of the Town. The restricted revenues are segregated into individual funds to ensure that expenditures are made exclusively for the purpose designated.

"Capital Project funds" are funds used to account for financial resources to be used for the acquisition or construction of major capital facilities other than those financed by proprietary funds and trust funds. The financial resources of capital project funds come from several different sources including general obligation bonds, grants from the state and federal government and appropriations from the general or special revenue funds.

 

Chapter 10, Committees, Boards, Commissions and Other Agencies, Article VIII

[The following ordinance will be added as Chapter 10, Committees, Boards, Commissions and Other Agencies, Article VIII. Approved November 5, 2008.]

§ 10-24. Appointment of additional members to Board of Assessment Appeals.

Pursuant to G.S. 9-199(c), the Wethersfield Town Council shall be authorized, when it deems necessary and appropriate, to appoint additional members to the Board of Assessment Appeals of the Town of Wethersfield for any assessment year in which a town wide revaluation becomes effective, for the assessment year prior to such year of revaluation and for the assessment year following such year of revaluation. Any such appointment shall be made by a simple majority vote of the Town Council.

  1. Members. Any person appointed as an additional member to the board of assessment appeals pursuant to subsection (a) shall:
    1. Be a resident and an elector of the Town of Wethersfield;
    2. Take an oath of office from the Wethersfield Town Clerk prior to engaging in any official duties of the office; and
    3. Be subject to the requirements imposed generally on elected members of the Board of Assessment Appeals by the Connecticut General Statutes and the Wethersfield Town Charter.
  2. Duties. All members appointed to the Board of Assessment Appeals pursuant to this section shall have those rights and duties as specified by the three appointed members of the board of assessment appeals acting by majority vote.
  3. Terms. The term of any person appointed as an additional member to the Board of Assessment Appeals pursuant to this section shall expire on the date of the assessment year that the Board of Assessment Appeals completes the duties imposed upon it by the Connecticut General Statues.
 

Chapter 100, Article I, Complex Land Development Applications

[The following ordinance will be added as Chapter 100, Article I, Complex Land Development Applications. Adopted July 20, 2009.]

§ 100-1. Purpose.

The purpose of this ordinance is to provide the Wethersfield Planning and Zoning Commission, Zoning Board of Appeals, Inland Wetlands and Watercourse Commission, Design Review Advisory Committee, Historic District Commission and Town staff with the authority granted in Connecticut General Statutes Section 8-1c, to establish a schedule of reasonable fees for the processing of land use applications that are extraordinarily large, complex or significant and which may pose environmental, traffic and/or other issues beyond the expertise of the Town's staff to evaluate and make appropriate recommendations. Such fees shall be used to cover the cost of retaining experts to analyze and review the application.

§ 100-2. Procedure.

In such instances, the Commission will review the matter with its staff and determine if outside, independent studies and/or consultations are necessary for the Commission to decide the issues before it. The Commission shall seek, to the extent practical, to identify the need for such studies or consultations prior to the commencement of the public hearing process; provided, however, that the Commission may also make such a determination during the hearing process. The decision to require the assistance of consultants shall require the affirmative vote of not less than the following: five (5) votes for Planning and Zoning applications, five (5) votes for Inland Wetlands and Watercourse applications, four (4) votes for Zoning Board of Appeals applications, three (3) votes for Historic District Commission applications and three (3) votes for Design Review Advisory Committee applications. The Board/Commission shall notify the applicant of its determination that such studies or consultations are needed and the estimated fee costs within 5 business days following such determination. If the applicant fails or refuses to deposit the consultants estimated fee with the Town the application will be considered incomplete. At its next regularly scheduled meeting or hearing on the application the Board/Commission shall note in its minutes that the application is considered incomplete. Incomplete applications are considered sufficient ground for denial of the application.

§ 100-3. Consultant Selection.

Town staff shall select, after soliciting fee proposals and at its sole discretion, the persons or entities that are to perform such studies or consultations, and shall direct the performance of such studies or consultations.

§ 100-4. Fee Required.

The Commission shall require an applicant, as a condition of processing its application, to deposit the fee for any required consultation or special study with the Town prior to the review of such application. All fees required under this ordinance shall be paid by cash, check or money order made payable to the Town of Wethersfield. The Commission shall require the applicant to place a sum into a fee account in an amount reasonably calculated to reflect one hundred twenty-five percent (125%) of the anticipated actual cost of such studies or consultations. The applicant shall be provided with invoices of the expenses incurred by the Town for any outside consultant work.

Upon completion of the technical review by the outside consultant and after publication of the Board or Commission's decision as required by law the balance of the fee which has not been expended by the Commission for the study and/or consultation shall be returned or released to the applicant.

Effective Date.

This ordinance shall be effective on August 3, 2009.

 

Chapter A180, Town Council Rules of Procedure

[Chapter A180, Town Council Rules of Procedure. Amended December 7, 2009]

§ A180-1. Organization meeting.

Each newly elected Council shall meet for organization in the Town Hall at a time to be announced on the first Monday following the November Election in each odd-numbered year. The meeting shall be called to order by the Town Clerk, who shall administer the oath of office to all members, provided that in the absence of the Town Clerk, the meeting may be called to order and the oath administered by any citizen of Wethersfield authorized by law to administer oaths. The Council shall then proceed to the election of a Chairperson and Vice Chairperson to serve for the ensuing two (2) years, who may also be known respectively as the "Mayor" and the "Deputy Mayor" (Charter, Sec. 304).

§ A180-2. Regular meeting.

Regular meetings of the Council shall be held in Town Council Chambers at 7:00 p.m. on the first and third Mondays of each month unless otherwise determined by the Council. If a meeting is adjourned to a date, time and place certain,, a notice of the same shall be conspicuously posted near the door of the meeting place, stating the date, time and place of the adjourned meeting. The schedule of regular meetings for the ensuing year shall be filed in the Town Clerk's office as soon as possible after the organizational meeting.

§ A180-3. Special meeting.

Special meetings of the Council may be called by the Chairperson or by not fewer than three (3) members of the Council. If called by three (3) members, each shall advise the Town Clerk, in writing, by telephone or in person, to that effect.

  1. Notice of a special meeting shall be prepared by the Town Clerk, and a copy shall be served personally upon each member of the Council and the Town Manager or Acting Town Manager or left at their usual places of abode not less than twenty-four (24) hours before the time of the meeting. The notice shall state the time and place of the meeting and the purpose for which the meeting is called. A copy of said notice shall also be posted on the Town Clerk's board at least twenty-four (24) hours prior to the meeting.
  2. At a special meeting, no matter not included in the notice shall be considered.
  3. The Town Clerk shall certify, upon the original copy of the notice filed with the records of the Council, by whom the meeting was called and the manner in which the notice was given to the members of the Council, the Town Manager or Acting Town Manager and the posting on the town signpost.

§ A180-4. Public meetings and hearings.

  1. No ordinance or resolution shall be adopted or appointment or removal made except in a meeting of the Council open to the public (Charter, Sec. 305).
  2. At least one (1) public hearing, not less than five (5) days' notice of which shall be given by publication in a newspaper having general circulation in the town and by posting on the Town clerk's board, shall be held by the Council before any ordinance or resolution shall be acted upon (Charter, Sec. 308).
  3. Budget hearing. There shall be a public hearing at 7:00 p.m. on the third Monday in April at a place to be determined by the Council, at least five (5) days' notice of which shall be given by publication in at least one (1) newspaper which has a general circulation in the town and by posting on the Town clerk's board. At such hearing any citizen or property owner who desires it shall be entitled to be heard by the Council on the town and school budgets, and the hearing shall be recessed from day to day until all such persons have been heard (Charter, Sec. 705), provided that a notice of recess shall be conspicuously posted on the door of the meeting place, stating the date, time and place of the recessed meeting; provided, further, that any person who desires to speak at the subject budget hearings shall initially be heard for no longer than ten (10) minutes. After all persons who desire to speak have spoken at any one (1) budget hearing, those persons wishing to speak for a second time shall be allowed to do so but shall not exceed ten (10) minutes. After all persons have had a second opportunity to speak, any person may thereafter speak.
  4. Public comment sections at regular meetings are allowed during each meeting for individual citizens' comments. During the public comment, citizens may speak pertaining to any subject on the agenda or of concern to the Town. Each speaker shall limit his/her remarks to five (5) minutes and shall be heard only once. This time restriction may be enforced by a timing device. If a speaker exceeds the time limitation, the Chair shall so notify the speaker and allow the speaker 30 seconds for summation. The Chair at his/her discretion, may grant the speaker additional time. If there is a large group of citizens who wish to speak, the time limit will be reduced to three (3) minutes to accommodate the crowd, and still allow the Council to conduct their business.
  5. If the Council needs to make a decision or needs additional information, the Council should direct the Manager to get the facts, information and or recommendations it needs to make an informed decision in the interest of all Town citizens. Citizens are encouraged to submit question/concerns in writing.
  6. ADJOURNMENT TIME: The Council establishes an adjournment time of regular meetings of 11:00 p.m. If the adjournment time requires an extension, it can be done via motion and a majority vote.
  7. Town Council members shall be able to listen to Council meetings by telephone, however every effort should be made by members to be at all meetings in person and the use of telephones should only be used on rare occasions. A meeting quorum can only be determined by the members that are physically present in the meeting room. No votes shall be allowed to be taken and no comments shall be made via a telephone. The meeting will be held in a room open and accessible to members of the public, using teleconferencing equipment that enables everyone in the room to hear. Any printed materials, reports, graphs, etc. utilized by the person phoning in must be available in the meeting room.

§ A180-5. Quorum.

The presence of five (5) members shall constitute a quorum, but no ordinance, resolution or vote, except a vote to adjourn or to fix the time and place of the next meeting of the Council, shall be adopted by fewer than five (5) affirmative votes (Charter, Sec. 305).

§ A180-6. Executive sessions.

"Executive sessions" means a meeting of a public agency at which the public is excluded for one or more of the following purposes: (A) Discussion concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require that discussion be held at an open meeting; (B) strategy and negotiations with respect to pending claims or pending litigation to which the public agency or a member thereof, because of the member's conduct as a member of such agency, is a party until such litigation or claim has been finally adjudicated or otherwise settled; (C) matters concerning security strategy or the deployment of security personnel, or devices affecting public security; (D) discussion of the selection of a site or the lease, sale or purchase of real estate by a political subdivision of the state when publicity regarding such site, lease, sale, purchase or construction would cause a likelihood of increased price until such time as all of the property has been acquired or all proceedings or transactions concerning same have been terminated or abandoned; and (E) discussion of any matter which would result in the disclosure of public records or the information contained therein described in subsection (b) of section 1-210.

§ A180-7. Chairperson.

  1. The Chairperson or, absent a Chairperson, the Vice-Chairperson shall preside at all meetings. The Chairperson shall preserve order and decorum and shall decide all questions of order without debate, except at said Chairperson's request, but subject to appeal to the Council. The Chairperson may speak and shall vote on all questions as is provided in § A180-14 of these rules. The Chairperson shall be an ex officio member of all committees without the right to vote, except that the Chairperson shall have the right to vote in those committees to which the Chairperson is appointed a member.
  2. In the absence of both the Chairperson and the Vice-Chairperson, the Town Clerk may call the meeting to order, and the Council may choose from its members a Chairperson Pro Tem who shall preside until the Chairperson or Vice Chairperson appears.
  3. The Chairperson or, absent a Chairperson, the Vice Chairperson shall represent the town as titular head of the government at meetings of such officials representing other municipalities, ceremonies and public gatherings and upon such other occasions as said presence in such capacity may be required.

§ A180-8. Town Clerk.

The Town Clerk shall be the Clerk of the Council, keep a journal of its proceedings which shall be a public record and perform such other duties as may be assigned by the Charter or by action of the Council or state statute (Charter, Sec. 501).

§ A180-9. Town Manager.

The Town Manager shall attend all meetings of the Council with the right to speak but not to vote and shall perform such other duties as may be assigned by law or by the ordinances or resolutions of the Council (Charter, Sec. 403).

§ A180-10. Committees.

The Council may, from time to time, appoint such standing and special committees in the manner and for such purposes as the Council may designate.

§ A180-11. Order of business.

At any regular meeting of the Council, the order of business shall be as follows:

Recording of attendance by the Town Clerk.

  1. Public comments. The Chairperson may indicate those matters of unfinished business to be discussed.
    1. Hearings.
    2. General.
    3. Public.
    4. Council reports/comments.
  2. Council action.
    1. Ordinances, resolutions and appointments for action.
    2. Unfinished business.
    3. Other business.
    4. Bids.
    5. Ordinances, resolutions and appointments for introduction.
    6. Minutes.
  3. Public Comment
  4. Adjournment.

§ A180-12. Privilege of the floor.

  1. Except when a member of the Council has or desires the floor, the Town Manager shall have the privilege of the floor for the purpose of giving information to the Council on business and affairs of the town; and the Town Attorney shall likewise have the privilege of the floor on the introduction or interpretation of any existing or proposed ordinance or resolution or on any question of legal procedure.
  2. Except at a public hearing or as otherwise provided in these rules, no person other than a member of the Council shall address the Council except by the majority consent of not fewer than five (5) of the members of Council present.

§ A180-13. Motions.

  1. When a motion is made and seconded, it shall be stated by the Chairperson and then be in possession of the Council and subject to amendment or withdrawal, except that withdrawal cannot be made subsequent to a voted amendment without the consent of the Council.
  2. When a motion is under debate, no further motion shall be received except to adjourn, to recess, to table, for the previous question, to limit or extend debate, to postpone to time certain, to refer to committee, to amend or to postpone indefinitely, which motions shall have precedence in the order indicated.
  3. Motions to table, to postpone to time certain or to postpone indefinitely, once having been decided, shall not be reconsidered at the same meeting, whereas a motion to refer a matter to a committee can be reconsidered only at the meeting of the vote. Any other motion can be reconsidered only at the same or the next succeeding meeting of the Council.
  4. Any motion to reconsider shall be in order only upon motion by a member participating in the prevailing vote of the original motion, and there shall be no reconsideration of the vote upon motion to adjourn, for the previous question, or to reconsider.

§ A180-14. Voting.

The ayes and nays on each vote shall be recorded in the journal (Charter, Sec. 305), thereby recording the vote of each Council member or abstention.

§ A180-15. Introduction of ordinances and resolutions.

  1. All ordinances and resolutions shall be introduced in written form (Charter, Section 307).
  2. For purposes of this section, introduction shall mean the presentation in written form at any regular or special meeting of Council, either by a member of Council or by the Town Clerk, who shall present those ordinances and resolutions filed with the Town Clerk's office by a member of Council at any time prior to the meeting. Upon introduction, all ordinances and resolutions shall automatically be set for public hearing at the next regular or special meeting of Council, subject to the notice requirements being met (Charter, Sec. 307). The terms of this section shall not apply to emergency ordinances.
  3. It shall be the duty of the Town Clerk immediately upon the introduction of any ordinance or resolution to prepare at least fifteen (15) copies of such proposed ordinance or resolution. One (1) copy shall be retained in the Town Clerk's office for public inspection and one (1) copy posted on the town signpost (Charter, Sec. 307). The Town Clerk shall also promptly furnish each member of the Council, the Town Manager and the Town Attorney with a copy of such ordinance or resolution.
  4. The copy of the proposed ordinance or resolution retained in the office of the Town Clerk shall have endorsed thereon the name or names of the member or committee introducing such document or filing the same with the Town Clerk or have attached thereto the electors' petition, as required under the Charter, Section 312, and at the end thereof, under the caption "Statement of Purpose," shall contain a brief statement of its purpose, which statement shall not be a part of the ordinance or resolution. Where such document is introduced by electors' petition, such copy shall be further endorsed by the Town Clerk, certifying that the requirements of the Charter, Section 312, have been satisfied. The statement of purpose and such endorsements shall be included on all copies of the document to be prepared by the Town Clerk prior to the final action taken on such document.
  5. Before any ordinance shall be acted upon, it shall be reviewed by and such corrections as may be necessary made therein by the Town Attorney to ensure accuracy, clearness, conciseness and consistency of text and phraseology as well as its constitutionality and consistency with existing ordinances or statutes, and the copy of the ordinance upon which final action is based shall bear the Town Attorney's endorsement that such review has been made.

§ A180-16. Passage of ordinances and resolutions.

  1. Notice of the passage of an ordinance or resolution shall be published once in a newspaper having general circulation in the town, and an ordinance or resolution shall not become effective until ten (10) days after such notice is published. An ordinance or resolution need not be published in full but may be described by title or subject matter. The foregoing provisions of this section shall not apply to emergency ordinances (Charter, Sec. 308).
  2. All ordinances and resolutions when passed shall be endorsed by the Town Clerk indicating the date and method of its adoption, then recorded in a book kept for that purpose and the original copy filed as a permanent record (Charter, Sec. 308, modified).

§ A180-17. Emergency ordinances.

An emergency ordinance shall be only for the immediate preservation of the public peace, health and safety, shall contain an explicit statement of the nature of the emergency and shall be adopted by not fewer than six (6) affirmative votes in the Council, and in no event shall the annual budget or any appropriation, except as hereinafter provided, constitute an emergency ordinance. For the purpose of meeting an emergency, as herein defined, or to prevent the breakdown of any essential service rendered by a department, board, commission or agency of the town, the Council, by an affirmative vote of not less than six (6) of its members, may appropriate, notwithstanding any other provision of the Charter, a sum not to exceed one hundred thousand dollars ($100,000). (Charter, Sec. 310).

§ A180-18. Parliamentary and Charter authority.

The Council will conduct its meeting according to Robert's Rules of Order. These rules may be revised as necessary, except that should any of these rules be inconsistent with the provisions of the Charter, then the Charter shall prevail.

§ A180-19. Suspension or amendment of rules.

  1. Any of these rules may be suspended by the affirmative vote of not fewer than five (5) members of the Council, provided that such action is not inconsistent with any provisions of the Charter.
  2. Any amendment to these rules shall be submitted, in writing, at any meeting of the Council and may be adopted by the affirmative vote of not fewer than five (5) members at a subsequent meeting of the Council.
 

Chapter 122, Property Maintenance

[Chapter 122, Property Maintenance. Amended December 6, 2010.]

§ 122-1. Title.

This chapter shall be known as the "Property Maintenance Code of the Town of Wethersfield" ("this code") and the standards established by this code shall be referred to as and constitute the minimum property standards of the Town of Wethersfield ("Town").

§ 122-2. Intent; authority.

  1. This code is intended to protect, preserve and promote public health, safety and welfare; to prevent and control the incidence of communicable diseases; and to reduce environmental hazards to health, safety and welfare, insofar as they are affected by the maintenance of residential and nonresidential structures, equipment and premises as provided by this code. This code is also further intended to provide minimum standards governing the condition, occupancy and maintenance of occupied and unoccupied premises and establish reasonable safeguards for the health, safety and welfare of the occupants and users of said premises, the community and the general public. This code is further intended to maintain and preserve the beauty of the neighborhoods and to allow for control of blighted premises.
  2. This code shall establish minimum standards and responsibilities for the maintenance of all premises and delegates administrative responsibility and enforcement powers and creates enforcement procedures.
  3. This code is adopted in accordance with the provisions of Connecticut General Statutes §§ 7-148, 7-148aa and 7-152c.

§ 122-3. Scope of provisions.

  1. Applicability.
    1. This code shall apply uniformly to the maintenance, use and occupancy of all premises now in existence or hereafter constructed, maintained or modified and shall include:
      1. Dwellings or dwelling units, including one-family and two-family dwellings and multiple dwellings.
      2. Lots, plots or parcels of land whether vacant or occupied.
      3. Buildings of non-dwelling use, including commercial properties.
      4. Accessory structures accessory to any building.
      5. All apartments, boardinghouses, group homes, lodging houses, rooming houses, tenement houses and unrelated family units.
    2. This code shall not apply to barns as identified in the book "Wonderful Barns of Wethersfield," copyright 1994, by Eleanor Buck Wolf, or to any other barn built before 1900, except when the Town Manager or their designee determines that existing conditions pose a threat to the health, safety and/or welfare of the public.

§ 122-4. Definitions.

The following definitions apply to this chapter:

ACCESSORY STRUCTURE
A structure, the use of which is customarily incidental and subordinate to that of principal building, structure or use on the same lot.
BLIGHTED PREMISES
  1. Any building or structure, or any part of a structure that is a separate unit, or a parcel of land, or any accessory structure, or fence, in which at least one of the following additional conditions exists:
    1. Town Manager or his/her designee determines that existing conditions pose a serious threat to the health, safety and welfare of the persons in Town;
    2. It is not being maintained, as evidenced by the existence, to a significant degree, of one or more of the following conditions:
      1. Missing, broken or boarded windows or doors;
      2. Collapsing or deteriorating exterior walls, roofs, stairs, porches, handrails, railings, basement hatchways, chimneys, flues, or floors;
      3. Exterior walls which contain holes, breaks, loose or rotting materials;
      4. Foundation walls which contain open cracks and breaks;
      5. Overhang extensions, including but not limited to canopies, marquees, signs, awnings, stairways, fire escapes, standpipes and exhaust ducts, which contain rust or other decay,
      6. Rat infestations;
      7. Garbage or trash improperly stored or accumulated on the premises;
      8. In the case of fence, broken or rotted boards or in an otherwise dilapidated condition; or
      9. Any other exterior condition reflecting a level of maintenance which is not in keeping with community standards or which constitutes a blighting factor for adjacent property owners or occupiers or which is an element leading to the progressive deterioration of the neighborhood.
    3. It is attracting illegal activity as documented in Police Department records;
    4. It is a fire hazard as determined by the Fire Marshal or as documented in the Fire Department records; and/or
    5. It is a factor creating a substantial and unreasonable interference with the use and enjoyment of other premises within the surrounding area as documented by neighborhood complaints, police reports, the cancellation of insurance on proximate properties; or similar circumstances.
  2. Blighted premises shall not include any such building, structure or parcel of land located on any active farm.
COMMUNITY STANDARD
A judgment by a reasonable member of the community.
CONNECTICUT GENERAL STATUTES
Includes any applicable amendments.
OWNER/OCCUPIER
Any person, institution, foundation, entity or authority which owns, leases, rents, possesses, or is responsible for property within the Town.
PROXIMATE PROPERTY
Any premises or parcel of land within 1,000 feet of a blighted premises.

§ 122-5. Signs, awnings and marquees.

  1. Signs. All permanent signs and billboards exposed to public view permitted by reason of other ordinances or laws shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked or whose supporting members have deteriorated shall be removed forthwith or put into a good state of repair by the owner of the sign.
  2. Awnings and marquees. Any awning or marquee and its accompanying structural member which extends over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event that such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event that said awnings or marquees are made of cloth, plastic or of similar materials, said cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.

§ 122-6. Removal of weeds and similar vegetation.

  1. Every owner/occupier of properties upon which a building exists, or who is in possession of a vacant lot in an approved subdivision which fronts on a paved public road and to which a public water and/or public sewer lateral has been provided, shall cut, to a height of not more than eight inches, all grass, weeds and similar vegetation not planted as a crop to be harvested or for ornamental purposes.
  2. Every owner/occupier of property shall keep his property free from vegetation of any type which, in the opinion of the Town Manager or his/her designee, is injurious to public health.
  3. Any violation of § 122-6A or 122-6B shall constitute a nuisance which may be abated by the Town at the expense of the owner, lessor, lessee or any other person in possession or any one or more of them to whom the Town Manager or his/her designee has given not less than 10 days written notice of intention to abate such nuisance. Such expense may be collected by the Town in a civil action against any one or more of the above-named persons responsible therefor.

§ 122-7. Storage; littering.

  1. Accumulation restricted. It shall be unlawful for an owner/occupier to allow solid waste to accumulate on premises in the Town in such a manner as to create an offensive, unsightly or unsanitary condition.
  2. Storage requirements. In the event that property usage would result in the stacking or piling of materials, including equipment and appliances, even if wanted and useful, they must be so arranged as to prohibit the creation of a blighting factor to their neighbors. Furthermore, all useful, wanted material, including equipment and appliances, stored out-of-doors shall be stored in an orderly fashion in the rear yard.
  3. Throwing or depositing in Town. It shall be unlawful for any person to throw or deposit solid waste, material designated recyclable or recyclables in any part of the Town in such a manner as to create an offensive, unsightly or unsanitary condition. Property owners shall maintain their property litter free.
  4. Throwing or depositing on streets and public grounds. It shall be unlawful for any person to throw or deposit solid waste, material designated recyclable or recyclables upon streets or sidewalks, in any catch basin, drain or watercourse or in parks or any public grounds in the Town, except that solid waste, material designated recyclable and recyclables may be deposited in proper containers.

§ 122-8. Complaints; warning.

  1. Any individual, civic organization, municipal agency, or Town employee affected by the action or inaction of an owner/occupier of property subject to the provisions of this chapter may file a complaint of violation of this chapter with the Town Manager. The Town Manager or his/her designee, upon his or her determination whether there is a violation of this chapter, shall forward a notice letter to the owner/occupier at the time such determination has been made.
  2. Such a notice letter from the Town Manager or his/her designee shall be issued prior to issuing a citation.
  3. Such notice letter shall include:
    1. A description of the real estate sufficient for identification, specifying the violation which is alleged to exist and the remedial action required;
    2. A due date, within a reasonable time, for the performance of any act required; and
    3. The amount of the fines, penalties, costs or fees that may be imposed for noncompliance.
  4. The owner/occupier may not contest a warning.
  5. Delivery of a notice letter or citation to the owner/occupier shall be by one of the following methods:
    1. By personal delivery to the owner/occupier or by leaving the citation or notice letters at the usual place of abode of the owner/occupier with a person of suitable age and discretion;
    2. By certified or registered mail addressed to the owner/occupier at his last known address, with postage prepared thereon; or
    3. By posting and keeping posted for 24 hours a copy of the citation or notice letter in placard form in a conspicuous place on the premises.

§ 122-9. Enforcement.

  1. If the corrective actions specified in the notice letter are not taken the Town Manager or his/her designee may issue a written citation to the owner/occupier.
  2. A citation shall be in writing and include:
    1. A description of the real estate sufficient for identification-and a description of the violation which exists
    2. The amount of the fines which may not exceed $100. Each day such violation exists shall constitute a separate offense and a separate citation may be issued.
    3. A statement that the owner/occupier may contest his liability and request a hearing, in accordance with Chapter 73 of the Wethersfield Code, by delivering in person or by mail written notice of objection within 10 days of the date of the citation
    4. Effective date: February 1, 2011
  3. Delivery of the citation shall be by the manner provided in § 122-8.
  4. In lieu of citation and in accordance with § 7-148(c)(7)(E) of the Connecticut General Statutes, if the owner of any property, the condition of which constitutes an immediate threat to life, health, or safety or is otherwise unfit for human habitation, fails to comply with any order to repair or remove any building or portion thereof, or otherwise remediate the property, issued pursuant to the General Statutes or to the Code of Ordinances of the Town or when there exists actual and immediate danger upon the property, so as to endanger life or property, the official charged with enforcement of such provisions may proceed forthwith to cause to be done all work required to be done in compliance with such an order, and if necessary, to demolish or secure any structure or structures covered by any such order, and the Town shall have a lien on such property for the cost of such work or demolition, except that when no imminent danger exists, the owner of the property shall be given written notice of the Town's intention to undertake said work at least ten (10) days prior to the commencement thereof, and the Town may recover the cost of the work or demolition from the owner of such property by appropriate proceeding on complaint of said official.

§ 122-10. Severability.

In the event that any part or portion of this code is declared invalid for any reason, all the other provisions of this code shall remain in full force and effect.

§ 122-11. Construal of terms and provisions.

  1. Where terms are specifically defined or the meaning of such terms are clearly indicated by their context, that meaning is to be used in the interpretation of this code.
  2. Where terms are not specifically defined and such terms are defined in the Charter and Municipal Code of the Town of Wethersfield, such terms shall have the same meaning for the interpretation and enforcement of this chapter.
  3. Where terms are not specifically defined in this chapter, they shall have their ordinarily accepted meaning or such meaning as the context may imply.
  4. The provisions of this code shall not be construed to prevent the enforcement of other codes, ordinances or regulations of the Town of Wethersfield.
  5. In any case where a provision of this code is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, regulation or other provision of the Charter and Municipal Code of the Town of Wethersfield or the State of Connecticut, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people of the Town of Wethersfield shall prevail.
 

Chapter 73, Enforcement

[Chapter 73, Enforcement. Amended December 6, 2010]

§ 73-1. Purpose.

The purpose of this chapter is to establish a citation hearing procedure in accordance with C.G.S. §§ 7-148(c)(10)(A), 7-152b and 7-152c to be followed in all instances when citations are issued by Town of Wethersfield municipal officials.

§ 73-2. Hearing procedure.

  1. Regulations and ordinances of the Town may be enforced by citations issued by designated municipal officers or employees, provided that the regulations and ordinances have been designated specifically by the Town for enforcement by citation in the same manner in which they are adopted, and the designated municipal officer or employee issues a written warning providing notice of the specific violation before issuing the citation. Except where some other appeals procedure is specifically provided, any municipal citation issued pursuant to any ordinance of the Town of Wethersfield, other than a license denial or revocation order, may be appealed to a hearing officer as provided in this section.
  2. The Town Manager shall appoint one or more citation hearing officers, who shall be other than police officers or employees or persons who issue citations, to conduct the hearings authorized by this section.
  3. After a citation has been issued and the fine or penalty has not been paid, the Town shall send notice to the alleged violator promptly (and no later than 12 months after the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any citation issued under any ordinance of the Town for an alleged violation). Such notice shall inform the violator and any other persons cited of the following:
    1. The allegations against the violator and other persons cited and the amount of the fines, penalties, costs or fees due.
    2. That the alleged violator or other person cited may contest liability by delivering in person or by mail written notice within 10 days of the date of the original notice to said violator that he, or she, desires to contest liability before a citation hearing officer.
    3. That if the alleged violator does not demand such a hearing, an assessment and judgment shall be entered against him or her.
    4. That such judgment may issue without further notice.
  4. If the alleged violator or other person to whom notice has been sent pursuant to Subsection C above wishes to admit liability for any alleged violation, he, or she, may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees in person or by mail to the official designated by the Town. Any alleged violator or other person who does not deliver or mail a written demand for a hearing within 10 days of the date of the first notice provided in Subsection C above shall be deemed to have admitted liability, and the designated municipal official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by law and shall follow the procedures set forth in Subsection E below.
  5. Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of such notice, provided that the hearing officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance. An original or certified copy of the initial notice of violation issued by a police officer or other issuing officer shall be filed and retained by the Town, shall be deemed to be a business record within the scope of C.G.S. § 52-180 and evidence of the facts contained therein. The presence of the police officer or issuing officer shall be required at the hearing if such person so requests. The alleged violator or other person wishing to contest liability shall appear at the hearing and may present evidence in his, or her, behalf. A designated Town official, other than the hearing officer, may present evidence on behalf of the Town. If the alleged violator fails to appear, the hearing officer may enter an assessment by default against him, or her, upon a finding of proper notice and liability under the applicable ordinance. The hearing officer may accept from such alleged violator copies of police reports, motor vehicle department documents and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he, or she, deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. If the offense consists of a motor vehicle parking violation, proof of the registration number of the motor vehicle involved shall be prima facie evidence in all proceedings that the owner of such vehicle was the operator thereof, provided that in the case of a leased or rented motor vehicle, such proof shall be prima facie evidence in any proceeding that the lessee was the operator thereof. The hearing officer shall announce his, or her, decision at the end of the hearing. If he, or she, determines that the alleged violator or other person is not liable, he, or she, shall dismiss the matter and enter his, or her, determination in writing accordingly. If he, or she, determines that the person is liable for the violation, he, or she, shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the ordinance.
  6. If such assessment is not paid on the date of its entry, the hearing officer shall send by first-class mail a notice of the assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court facility designated by the Chief Court Administrator, together with an entry fee of $8. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk shall enter judgment, in the amount of such record of assessment and court costs of $8, against such person in favor of the Town. Notwithstanding any other provision of the General Statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person.
  7. The person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to C.G.S. § 52-259, in the Superior Court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the Judges of the Superior Court.

§ 73-3. Issuance of written warning.

In those instances where there is time to do so and where a continuing violation is not causing immediate or significant harm, a written warning providing notice of the specific violation shall be sent prior to issuing the citation.

§ 73-4. Amount of fine, penalty, cost or fee.

The fine, penalty, cost or fee imposed under this article for any single violation shall not exceed the amount of $100 per occurance. Each day such violation exists shall constitute a separate offense and a separate citation may be issued unless otherwise specifically provided by the General Statutes.

§ 73-5. Disposition of money received.

All moneys received pursuant to the procedure set forth above shall be remitted to the office of the Town Treasurer.

§ 73-6. Applicability; amended chapters.

Each of the following chapters is amended to add the following sections: 53, 90, 99, 108, 116, 122, 123, 134, 136, 139, 157, 160, 169.

§ 73-7. Enforcement.

This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 73, Article I, of the Code of the Town of Wethersfield shall be followed.

 

Chapter 108, Nuisances

[Chapter 108, Nuisances. Amended December 6, 2010]

§ 108-1. Removal of weeds and similar vegetation.

Each year, every owner, lessor, lessee or other person in possession of land shall cut to a height of not more than eight (8) inches all weeds and similar vegetation not planted as a crop to be harvested or for ornamental purposes.

§ 108-2. Removal of vegetation injurious to health.

Every owner, lessor, lessee or other person in possession of land shall keep it free from vegetation of any type which, in the opinion of the Health Director, is injurious to public health. Such vegetation shall be removed within 10 days of receipt of notice from the Health Director.

§ 108-3. Penalties for Violation.

The violation of any of the provisions of this chapter may be punished by a fine not to exceed $100. Each day any such violation shall continue or each act in violation shall constitute a separate offense.

§ 108-4. Enforcement.

This chapter may be enforced by citations issued by designated municipal officers or employees. The citation hearing procedure established by Chapter 73 of Wethersfield Code shall be followed. Effective date: February 1, 2011

§ 108-5. Abatement; expenses.

Any violation of § 108-1 or 108-2 shall constitute a nuisance which, at the Town's option, may be abated by the Town at the expense of the owner, lessor, lessee or any other person in possession or any one or more of them to whom the Town Manager or his representative has given not less than 10 days' written notice of intention to abate such nuisance. Such expense may be collected by the Town in a civil action against any one or more of the above-named persons responsible therefor.

 

Chapter 157, Article II, Parking

[Chapter 157 Article II, Parking. Amended December 6, 2010]

§ 157-3 Applicability.

The provisions of this article shall apply, except where specifically limited, to any traveled way within the Town which is paved, plowed or otherwise maintained by the Town or by the State of Connecticut, regardless of whether such traveled way has been formally accepted as a public highway by the Town.

§ 157-4 Parking situations prohibited.

It shall be unlawful for any person to park a vehicle:

  1. On any traveled way or any property owned, leased or controlled by the Town where such parking is prohibited, limited or restricted by the Legal Traffic Authority and posted with signs denoting such prohibition, limitation or restriction.
  2. For a period longer than allowed by posted signs.
  3. More than 12 inches from a curb.
  4. On the side of any traveled roadway opposite the direction of traffic flow.
  5. Double or parallel with another vehicle on any traveled roadway.
  6. Within 10 feet of a hydrant.
  7. Within 25 feet of a stop sign, intersection, or traffic signal.
  8. Within a posted loading and unloading zone.
  9. On a public sidewalk.
  10. So as to obstruct any public or private driveway.
  11. In a marked bus stop.
  12. In such a manner as will impede the free flow of traffic.
  13. On a crosswalk.
  14. Other than in a driveway that has a durable all-weather surface of bituminous, concrete, brick, cement, crushed stone or other properly bound pavement appurtenant to a residential building, between the public sidewalk and the street, or, in the case of streets without sidewalks, between the curb or edge of pavement and the boundary of the Town or State right of way. Grassed lawn areas may not be utilized for motor vehicle parking.
  15. In any Fire Lane.
  16. On any traffic control island or median that separates traffic on a traveled way.
  17. In violation of any emergency parking ban.
  18. After establishment of specially marked parking spaces for handicapped persons, no person shall park a motor vehicle in such space unless a handicapped person is either a passenger or occupant of the vehicle and the Connecticut vehicle contains a designation issued by the commissioner of Motor Vehicles pursuant to the Connecticut General Statutes, which designation shall be visible as per the Connecticut General Statutes, or a handicapped designation issued by another governmental authority.
  19. Within 25 feet of the nearest rail of a railroad crossing.
  20. Upon any bridge or overpass.

§ 157-5. Night parking restrictions.

It shall be unlawful for any person to park any vehicle on any public highway (including any state or municipal highway or any traveled way as set forth in § 157-3 herein) for any period of time longer than 30 minutes between the hours of 2:00 a.m. and 5:00 a.m. of any day. However, this prohibition does not apply to physicians on call or emergency cases of any other nature. Permission for all-night parking may be obtained from the Police Division in unusual cases or when unusual conditions exist.

§ 157-6. Parking during snowstorms.

It shall be unlawful for any person to stop, stand, park or leave any vehicle on the traveled portion of a street or highway so as to impede normal snowplowing operations and the free flow of traffic during snowstorms.

§ 157-7. Violation.

Whenever any vehicle is found parked in violation of any of the provisions of this article, a police officer shall attach to such vehicle a citation to the owner or operator thereof setting forth the fact that such vehicle has been parked unlawfully.

§ 157-8. Presumption of ownership.

In any prosecution or proceeding for unlawful parking in violation of this article, the registered owner of the vehicle so parked shall be presumed to be the operator thereof.

§ 157-9. Penalties.

  1. Whenever any vehicle shall be found parked in violation of this article, any Wethersfield police officer may issue a citation for such violation, which citation shall provide for a fine of not less than $25 payable to the Town of Wethersfield and except for violations of the handicapped parking designation requirements which shall be subject to a fine of not less than $75 payable to the Town of Wethersfield remitted to the Tax Collector within five days of the citation date. If any fine is not paid within ten (10) days, a penalty in an amount equal to the fine shall immediately become due and payable in addition to the original fine, and a warrant may be issued for the arrest of the violator.
  2. The registered owner of any vehicle parked in violation of this section shall be presumed to be the operator at the time of the violation.
  3. Any person cited and fined pursuant to this article may first appeal such fine by way of the Police Department Parking Tag Appeal Process within 10 days of the issuance of such citation.
  4. Any person who is not satisfied with the outcome of the Police Department Parking Tag Appeal Process may appeal such fine as provided in Chapter 73, Article I (Citation Hearing Procedure) of the Town Code of Ordinances. Effective date: February 1, 2011.
 

Chapter 140, Building/House Street Numbers

[The following ordinance will be added as Chapter 140, Building/House Street Numbers, governing the size and location of building/house numbers. Adopted February 7, 2011.]

§ 140-1. Purpose.

The Purpose of this ordinance is to promote public safety and convenience through the provisions of a uniform system of numbering buildings, properties and houses in the Town of Wethersfield in order to ease the speed in which the public and emergency services such as firefighting, police and emergency medical care are able to efficiently locate properties.

§ 140-2. Notification

The Engineering Division shall assign street address numbers to all properties in Town and shall direct the owner to affix to their premises figures indicating the building/house numbers assigned. The Engineering Division shall mail a copy of the assigned street number to the property owner who shall be responsible for affixing the building/house number within thirty (30) days after the sending of the notice.

§ 140-3. Size and location of building/house numbers.

In affixing building/house numbers, the property owner shall conform to the following specifications:

  1. Building/house numbers shall be plain block script or written numbers made of durable materials such as metal, glass, wood or plastic or they may be painted.
  2. All building/house numbers shall be at least three (3) inches in height.
  3. Building/house numbers shall be of a color contrasting with the color of the background to which they are affixed. Owners are encouraged, but not required to use numbers made of reflective material and to illuminate building numbers so as to be easily visible at night.
  4. If a building is less than 100 feet from the center line of the street on which it fronts, the building numbers shall be located on the front of the building or on a sign post or mail- box located between the building and street, on which it fronts, so that the number shall be visible and readable from both left and right approaches.
  5. If a building is set back more than one hundred (100) feet from the center line of the street on which it fronts, or if the numerals cannot be read from the center line because of obstructions, an additional building/house number shall be affixed to a signpost, mail box, or fence which shall be located along the street line and within ten (10) feet of the principal driveway or principal walkway entrance to the premises in a manner so as to be visible from either direction of travel on the street.
  6. In general, when affixed, all building/house numbers shall be positioned not less than four (4) feet nor more than twelve (12) feet from the surface of the ground directly below them. Exception to this provision of this ordinance may be granted by the Engineering Division in cases where it's determined visibility is adequate.
  7. On a corner lot, the building/house number shall face the street named in the address.
  8. When the Engineering Division and/or the Fire Marshal determines the need for multiple building numbers to be displayed in the best interest of safety, or in the case of commercial properties or multi-tenant apartments or condominiums, an owner/occupant may be required to affix building numbers at both front and rear entrances or locations otherwise determined by the Engineering Division and/or Fire Marshal.
  9. Building/house numbers shall be displayed on approved building lots prior to the commencement of any site work or construction.
  10. Property owners shall ensure that street address numbers are maintained in good repair and readable.

§ 140-4. Enforcement.

This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 168 of the Code of the Town of Wethersfield shall be followed.

  1. All new construction shall have a building/house number affixed in compliance with the guidelines set forth herein prior to the issuance of a certificate of occupancy.
  2. Owners of existing buildings must comply with this ordinance within thirty (30) days from the date of enacting this ordinance.

§ 140-5. Failure to comply.

In the event that a property owner is cited for a violation of this ordinance the property owner shall have ten (10) days from date of notice, to comply and meet these requirements. If the owner does not comply they shall be subject to a fine of twenty-five ($25.00) for each day of neglect or refusal.

§ 140-6. Appeal.

Any person who is aggrieved by the enforcement of this ordinance may submit an appeal to the citation hearing board as set forth by that ordinance.

§ 140-7. Effective date.

This ordinance shall be effective on May 1, 2011, and shall apply to all buildings within the Town of Wethersfield.

 

Chapter 10, Article XXI, Code of Ethics and Board of Ethics

[Article XXI, Code of Ethics and Board of Ethics. Amended June 16, 2011.]

§ 10-64. Policies.

The proper operation of democratic government requires that public officers and employees be independent, impartial and responsible to the people of Wethersfield; that government decisions and policy be made in the proper channels of governmental structure; that public office not be used for personal or private gain; that the public have confidence in the integrity of government; that public officials carry out their duties to the best of their abilities and with high moral and ethical standards, regardless of personal considerations, and that their conduct should at all times avoid conflict between public and private interests and responsibilities. In recognition of these goals, a Code of Ethics is hereby established for governed persons of the Town of Wethersfield, as are hereinafter defined. The purpose of this code is to establish ethical standards of conduct by setting forth those actions that are in conflict with the best interest of the Town and by directing disclosure of any financial or personal beneficial interest in matters affecting the Town.

§ 10-65. Governed Persons; Appointing Authority.

  1. The Code of Ethics of the Town of Wethersfield shall govern the Town Council and all other elected officials, the Library Board, all other Town employees; also all persons appointed to boards, commissions or advisory committees by the Board of Education, the Town Council, the Mayor, the Superintendent of Schools or the Town Manager, hereinafter referred to collectively as "Governed Persons."
  2. The "Appointing Authority" shall be deemed to be that entity which, or that person whom, has either appointed or hired a particular Governed Person. The Appointing Authority may be the Town Council, Board of Education, Mayor, Superintendent of Schools or Town Manager, respectively.
  3. The Appointing Authority of members of the Town Council and the Board of Education shall be deemed to be the Town Council and the Board of Education, respectively.

§ 10-66. Special treatment.

No governed person shall grant or accept any special consideration, treatment, favor or advantage beyond that which is generally available to all residents and/or taxpayers of the Town; provided, however, nothing in this code shall prohibit a governed person from accepting free admission to any dinner, dinner dance, concert, play, sporting or other similar event sponsored by the Town, the Board of Education, any Town board or commission or by any recognized volunteer or charitable organization in the Town of Wethersfield.

§ 10-67. Political activities.

No governed person shall promise an appointment or the use of his influence to obtain an appointment to any municipal position as a reward for any political activity.

§ 10-68. Conflicts of interest.

  1. No governed person shall act or vote as a result of having accepted from any person or his representative anything of value whatsoever or the promise of any future reward. Whenever any person appears before any board or commission who has actively participated in appointing or recommending any member of said board or commission and such member is aware of such participation, such member must:
    1. Disclose such participation for the purpose of the record of such board or commission;
    2. Then make a decision as to whether or not he or she can sit impartially and so state for the purpose of the record.
  2. No governed person shall accept or solicit anything of value exceeding $50, whether in the form of a gift or promise of a gift, from any person, firm or corporation which to his knowledge is involved in business dealings with the Town. For purposes of this section, a gift shall not include certificates, plaques, and ceremonial gifts and/or awards.
  3. No governed person who has a financial or personal beneficial interest in any transaction or contract with the Town or in the sale of real estate, material, supplies or services to the Town on which he may be called to act upon in his official capacity shall vote upon or otherwise participate in the transaction or contract.
  4. Whenever a governed person makes public comments at a meeting of the Board of Education, the Town Council or any other board, commission or agency other than the one with which he or she is affiliated, the governed person shall clearly identify whether he or she is speaking as an individual citizen or in an official capacity for the unit of government with which he or she is affiliated.

§ 10-69. Requests for advisory opinions.

Any governed person who questions the applicability of this code to his or her pending or potential act, vote, bid, discussion, receipt of anything of value, exceeding $50, and the like may request an opinion from the Board of Ethics. The request shall be submitted in the form required by the Board's Rules of Practice. Such governed person shall be given a prompt opportunity to explain his or her position and interpretation of the Code of Ethics before the Board of Ethics. Opinions of the Board of Ethics shall be advisory. This code shall be operative in all instances covered by its provisions except when superseded by an applicable statutory or Charter provision.

§ 10-70. Sanctions; penalties for offenses.

Violations of any provisions of this code should raise conscientious questions for the Governed Person concerned as to whether voluntary resignation or other action is indicated to promote the best interest of the Town. Violation may, upon determination by the Appointing Authority, constitute a cause for censure, suspension, removal from office or other appropriate legal proceedings.

§ 10-71. Creation of Board; membership; terms.

There is hereby created a Board of Ethics which shall be charged with the administration of the Code of Ethics. The Board of Ethics shall be composed of five resident electors and three alternates, to be appointed by the Council. Of the five regular members no more than two shall be of the same political party, and of the three alternates, no more than one shall be of the same political party, provided that the members of the Board with designated major party membership shall be recommended for appointment by their party in accordance with the normal selection process of such party. Of the five members initially appointed, three shall be appointed for terms of three years and two for terms of two years. Of the three alternates initially appointed, two shall be appointed for terms of three years and one for a term of two years. All subsequent appointments to the Board shall be for terms of three years. Any regular member having served for six consecutive years shall be ineligible for reappointment to the Board. For individuals filling a vacancy, consecutive years of service will commence with the next appointment period.

§ 10-72. Rules of Practice.

The Board shall adopt Rules of Practice which it deems necessary to carry out the intent of this article, and the same and any amendments thereto shall be filed in the office of the Town Clerk and available for public inspection.

§ 10-73. Complaint procedure.

  1. The Board shall receive complaints from any person of any alleged violation of the Code of Ethics. Complaints shall be filed with the Town Clerk in accordance with the Board's Rules of Practice. Any complaint received by the Board must be in writing and signed by the individual making said complaint. Upon receiving a complaint of an alleged violation of the code, the Board shall, within seven Town working days, notify, in writing, the person about whom said complaint has been filed, advising the concerned party of the specific nature of the complaint made and being investigated by the Board and enclosing therewith a copy of the complaint. Upon receipt of said notice, the party so notified shall have the right to file a response within 10 days and may, within said time period, demand a hearing by the Board. If a hearing is so requested, it shall be convened within 20 days after such request. If no request for a hearing is made, the Board, by a vote of at least three members, shall determine within 30 days after the mailing of the notice of such complaint whether a hearing is required.
  2. In the event that a hearing is held, the person or persons against whom such complaint is filed and the person or persons who filed the complaint shall be notified, in writing, of the date, time and place of the hearing. In such hearing, the person or persons against whom such complaint is filed and the person or persons who filed the complaint shall have the right to counsel, to confrontation of all witnesses, to cross-examination and to present evidence on their own behalf. No hearing may be conducted with less than five members in attendance. The complainant must appear at the hearing or the complaint will be dismissed. There can be a one-time request for a delay of a hearing date, as long as it is requested 48 hours before the hearing date.
  3. All notices to the person or persons about whom such complaint was made shall be mailed by certified mail.
  4. In the event that a hearing is held, the Board shall render a decision within 10 days of the final day of said hearing. In the event that no hearing is held, the Board shall render a decision within 30 days of the receipt of the complaint.

§ 10-74. Reports to Appointing Authority.

The Board shall report its findings to the Appointing Authority as to any violations of the Code of Ethics, together with recommendations as to disposition to be made. The Appointing Authority shall consider such findings and shall determine within 30 days what disposition shall be made and shall notify the Board and all interested parties.

 
Official Website of
the Town of Wethersfield