Sec. 8-12. Procedure when regulations are violated.
Sec. 8-12. Procedure when regulations are violated. If any building or structure
has been erected, constructed, altered, converted or maintained, or any building, structure or land has been used, in violation of any provision of this chapter or of any bylaw,
ordinance, rule or regulation made under authority conferred hereby, any official having
jurisdiction, in addition to other remedies, may institute an action or proceeding to
prevent such unlawful erection, construction, alteration, conversion, maintenance or
use or to restrain, correct or abate such violation or to prevent the occupancy of such
building, structure or land or to prevent any illegal act, conduct, business or use in or
about such premises. Such regulations shall be enforced by the officer or official board
or authority designated therein, who shall be authorized to cause any building, structure,
place or premises to be inspected and examined and to order in writing the remedying
of any condition found to exist therein or thereon in violation of any provision of the
regulations made under authority of the provisions of this chapter or, when the violation
involves grading of land, the removal of earth or soil erosion and sediment control, to
issue, in writing, a cease and desist order to be effective immediately. The owner or
agent of any building or premises where a violation of any provision of such regulations
has been committed or exists, or the lessee or tenant of an entire building or entire
premises where such violation has been committed or exists, or the owner, agent, lessee
or tenant of any part of the building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building or premises in
which any such violation exists, shall be fined not less than ten nor more than one
hundred dollars for each day that such violation continues; but, if the offense is wilful,
the person convicted thereof shall be fined not less than one hundred dollars nor more
than two hundred and fifty dollars for each day that such violation continues, or imprisoned not more than ten days for each day such violation continues or both; and the
Superior Court shall have jurisdiction of all such offenses, subject to appeal as in other
cases. Any person who, having been served with an order to discontinue any such violation, fails to comply with such order within ten days after such service, or having been
served with a cease and desist order with respect to a violation involving grading of
land, removal of earth or soil erosion and sediment control, fails to comply with such
order immediately, or continues to violate any provision of the regulations made under
authority of the provisions of this chapter specified in such order shall be subject to a
civil penalty not to exceed two thousand five hundred dollars, payable to the treasurer
of the municipality. In any criminal prosecution under this section, the defendant may
plead in abatement that such criminal prosecution is based on a zoning ordinance or
regulation which is the subject of a civil action wherein one of the issues is the interpretation of such ordinance or regulations, and that the issues in the civil action are such that
the prosecution would fail if the civil action results in an interpretation different from
that claimed by the state in the criminal prosecution. If the court renders judgment for
such municipality and finds that the violation was wilful, the court shall allow such
municipality its costs, together with reasonable attorney's fees to be taxed by the court.
The court before which such prosecution is pending may order such prosecution abated
if it finds that the allegations of the plea are true.
(1949 Rev., S. 846; 1959, P.A. 28, S. 46; February, 1965, P.A. 109, S. 1; P.A. 73-434; P.A. 74-183, S. 181, 291; P.A.
76-436, S. 160, 681; P.A. 77-509, S. 7; P.A. 79-348; P.A. 87-244; 87-347.)
History: 1959 act changed jurisdiction of violations from local police court to circuit court; 1965 act added provisions
concerning civil and criminal actions involving violation of one zoning regulation; P.A. 73-434 added provision allowing
issuance of cease and desist orders for violations involving land grading or earth removal; P.A. 74-183 substituted court
of common pleas for circuit court; P.A. 76-436 substituted superior court for court of common pleas, effective July 1,
1978; P.A. 77-509 made no change; P.A. 79-348 increased civil penalty for violation of order from $250 to $500 and added
provision re costs and attorneys' fees; P.A. 87-244 authorized soil erosion and sediment control orders to be effective
immediately; P.A. 87-347 changed amount of civil penalty from $500 to an amount not to exceed $2,500.
Cited. 135 C. 423. Plea in abatement overruled where town named as plaintiff as no substantive rights affected. 146
C. 178. Structural alterations on nonconforming use change building into substantially different structure adapted to an
extension of the nonconforming use. Id. Cited. 150 C. 439. When ordinance requires approval for extension of nonconforming use, extension without approval is prohibited. Id., 584. Judgment denying plaintiff injunctive relief based on unsound
proposition of law set aside. 155 C. 431. Cited. 165 C. 185. Measure of damages for breach of contact and warranty deed
in that house was constructed in violation of zoning regulations; ripening of use under Sec. 8-13a after breach does not
affect damages. 170 C. 177. Cited. 180 C. 575. Cited. 181 C. 556. Cited. 186 C. 106. Cited. 199 C. 575. Cited. 208 C. 1;
Id., 696. Cited. 221 C. 374. Cited. 225 C. 575. Cited. 230 C. 622. Cited. 232 C. 122. Cited. 239 C. 515. Although federal
regulations allow a local zoning commission to consider compliance with local health regulations in evaluating recreational
uses within a hydroelectric power project, federal regulations do not require that licensee obtain local zoning and building
permits for development of recreational resources. 285 C. 498.
Held to be unnecessary for zoning enforcement officer to allege and prove irreparable harm and lack of an adequate
legal remedy in order for injunction to issue. 1 CA 176. Cited. Id., 285. Cited. 2 CA 515. Cited. 4 CA 252. Application of
prior pending action rule to bar action under this section is neither equitable or just where prior action was brought under
Sec. 8-6. 9 CA 534. Cited. 10 CA 41; Id., 190. Cited. 15 CA 550. Cited. 17 CA 17; judgment reversed, see 212 C. 570;
Id., 344. Cited. 19 CA 208. Cited. 28 CA 379. Cited. 41 CA 89. Cited. 46 CA 5. Imposition of fine for violation of zoning
ordinance when defendant also violated State Building Code not double jeopardy since zoning ordinance and code are
distinct and fines characterized as remedial. 65 CA 265. There is a legitimate remedial purpose in imposing fines for zoning
violations; such fines are civil fines, not criminal penalties. Id. Does not require court to impose fines and to award attorney's
fees, despite use of word "shall". 78 CA 818.
In criminal action for alleged violation of order of zoning board of appeals, accused must be charged with violation of
provision of ordinance, not merely order of board. 6 CS 375. Board's power to institute legal proceedings held to include
right to engage counsel. 12 CS 192. Cited. 15 CS 485. Where two permits for "all liquor package store" were issued by
liquor control commission in violation of 1500 foot requirement of local ordinance, injunction against one permittee on
action brought by building inspector refused. 16 CS 349. Appeal under Sec. 8-7 stays all proceedings in action appealed
from including criminal proceedings provided for in this section. 23 CS 125. Information which didn't specify crime or
section of zoning ordinance held defective. Court could not take judicial notice of ordinance or of order of building inspector
which defendant was charged with violating. Id. Allows for injunctive relief where fines provided by law would not deter
violation. 29 CS 62. Cited. 34 CS 69. Cited. 39 CS 334.
School dormitory has educational purpose and is itself a school, rather than an accessory use, within zoning ordinance.
2 Conn. Cir. Ct. 294.