HomeMy WebLinkAboutCEASE & DESIST diamantini 4-15-11TOWN 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: April 15, 2011
TO: Diamantini Construction, LLC
MAILING ADDRESS: 1399 Old Colchester Road
Oakdale, CT 06370
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: Diamantini Construction, LLC
PROPERTY ADDRESS: 1399 Old Colchester Road, Montville, Ct– as shown on Assessor’s Map 35, Lot 3; recorded in the Montville land records at Vol. 481 Pg. 575 dated December 23, 2005:
owned by you; which may be in violation of the said Zoning Regulations of the Town of Montville, Connecticut.
An investigation of the subject premises by this office, discloses that the following conditions presently exist:
The manufacture, assembly, processing, fabrication, compounding, treatment, maintenance, repair or packaging of raw materials, goods, or products provided that such uses are not dangerous,
injurious, or detrimental to the community by reason of noise, odor, dust, vibration, refuse matter, smoke, fire, explosion, toxic fumes, or water, air and ground pollution. These operations
are in violation of Section 10.A Commercial (C-1) Zoning District.
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 # 7008 1830 0003 8183 5452
Enclosures
cc: Chairman, Planning and Zoning Commission
Mayor Jaskiewicz
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