Sec. 47a-60. (Formerly Sec. 19-347u). Stay of penalty. Violation contested by owner.
Sec. 47a-60. (Formerly Sec. 19-347u). Stay of penalty. Violation contested by
owner. (a) In any action for penalties under sections 47a-53, 47a-55 and 47a-58 to 47a-61, inclusive, the defendant may move at any time before the trial of the case for an
order to stay the further accumulation of the per diem penalty from the day the action
is commenced until the same is finally terminated by judgment or otherwise, including
the time necessary for judicial review. The court shall grant the motion if the defendant
shows to the satisfaction of the court that there is a substantial issue of fact or law
concerning the existence of the violation charged. The court may impose such conditions
on the granting of the motion as justice may require.
(b) Nothing contained in said sections shall prevent an owner or other responsible
person from contesting the finding of a violation by the enforcing agency, prior to the
enforcing agency's action for the collection of penalties, by any means provided by law.
In any such action or proceeding, the court may stay the further accumulation of the per
diem penalty in the same manner and under the same conditions as provided in subsection
(a) of this section.
(P.A. 74-345, S. 4; P.A. 79-571, S. 95.)
History: P.A. 79-571 updated list of applicable sections in Subsec. (a); Sec. 19-347u transferred to Sec. 47a-60 in 1981
and references to other transferred sections revised as necessary to reflect their transfer.
Cited. 13 CA 1.