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HomeMy WebLinkAboutC&D 2-27-09C:\Users\twilliams\AppData\Local\Temp\C&D 2-27-09_147132\C&D 2-27-09.doc TOWN OF MONTVILLE PLANNING & ZONING COMMISSION 310 NORWICH NEW LONDON TPKE UNCASVILLE, CT. 06382 PHONE (860) 848-8549 x379 Fax (860) 848-2354 CEASE AND DESIST ORDER DATE: February 27, 2009 TO: Garhard and Kathleen Leitkowski MAILING ADDRESS: 41 Bergman Drive, Uncasville, Ct 06382 Pursuant to the authority vested in me by the Zoning Regulations of the Town of Montville, Connecticut, you are hereby ordered and directed within 10 days of the date hereof, to discontinue and/or remedy the violations and conditions on premises identified as: PROPERTY OWNER: Garhard and Kathleen Leitkowski PROPERTY ADDRESS: 41 Bergman Drive, Montville, Ct– as shown on Assessor’s Map 17, Lot 21; recorded in the Montville Land Records at Vol. 274 Pg. 127, dated December 9, 1994, owned by you; which may be in violation of the said Zoning Regulations of the Town of Montville, Connecticut. An investigation by this office, discloses that the following conditions presently exist: Operation of a business in a residential zone. These conditions violate Section 9; R-20 Zoning District of the Town of Montville Zoning Regulations. Your immediate attention to this matter is hereby advised and directed. _____________________________________________ Assistant Planner/Zoning Enforcement Officer NOTE: A further inspection will be made of the subject premises after 10 days and, if compliance is not established, the full penalties prescribed by law and as set forth below will be invoked. You may consult the Zoning Enforcement Officer, if there is any question to the manner and time of establishing compliance. TES/jal Via Certified Mail # Enclosures cc: Chairman, Planning and Zoning Commission Mayor Jaskiewicz Building Department Attorney Beth Bryan Critton C:\Users\twilliams\AppData\Local\Temp\C&D 2-27-09_147132\C&D 2-27-09.doc Zoning Regulation, Section 4.11 Penalties CEASE AND DESIST ORDER In accordance with Chapter 124, Section 8-12 of the Connecticut General Statutes, any person, firm, or corporation, violating any of the provisions of these Regulations, shall for each violation upon conviction thereof, pay a penalty of not less than ten ($10.00) nor more than one hundred ($100.00) dollars for each day that such violation shall continue; but if the offense be willful, the person convicted thereof shall be fined not less than one hundred ($100.00) nor more than two hundred fifty ($250.00) dollars for each day that such violation shall continue, or imprisoned not more than ten (10) days for each day such violation shall continue, or both. Any person, firm, or corporation who, having been served with such order within ten (10) days after such service, or having been served with a cease and desist order with respect to a violation involving grading of land or removal of earth fails to comply with such order immediately, or continues to violate any provision of these Regulations shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500.00). The Planning and Zoning Commission shall have such other remedies as are provided by law to restrain, correct or abate any violation of the zoning regulations. Zoning Regulation, Section 22.1 Appeals Any person may appeal to the Zoning Board of Appeals when it is alleged that there is an error in order, requirement, or decision made by the Enforcement Officer related to the enforcement of these Regulations