Connecticut HB 5391: AN ACT CONCERNING THE ENFORCEMENT OF ZONING REGULATIONS.

Bill Text

Substitute House Bill No. 5391 
 
Public Act No. 26-9 
 
 
AN    ACT    CONCERNING    THE    ENFORCEMENT    OF    ZONING 
REGULATIONS. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly convened: 
 
Section  1.  Section  8-12  of  the general  statutes  is  repealed  and  the 
following is substituted in lieu thereof (Effective October 1, 2026): 
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] 
by any provision of this chapter or by any special act, 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 bylaws,   ordinances,   rules   or 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 

Substitute House Bill No. 5391 
 
Public Act No. 26-9 2 of 3 
 
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] 
Notwithstanding  the  provisions  of  any  bylaw,  ordinance,  rule  or 
regulation  made  under  authority  conferred  by  any  provision  of  this 
chapter  or  by  any  special  act,  the owner  or  agent  of  any  building  or 
premises where a violation of any provision of such bylaws, ordinances, 
rules or 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 dollars or 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  or  more  than  two  hundred  fifty  dollars  for  each  day  that  such 
violation continues, or imprisoned not more than ten days for each day 
such  violation  continues  not  to  exceed  a  maximum  of  thirty  days  for 
such violation, or both; and the Superior Court shall have jurisdiction of 
all   such   offenses,   subject   to   appeal   as   in   other   cases. [Any] 
Notwithstanding  the provisions  of  any  bylaw,  ordinance,  rule  or 
regulation  made  under  authority  conferred  by  any  provision  of  this 
chapter or by any special act, any person who, having been served with 
an  order  to  discontinue  any  such  violation,  fails  to  comply  with  such 
order [within] not later than 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 bylaws,  ordinances,  rules  or regulations  made  under 
authority of the provisions of this chapter or any special act specified in 
such order shall be subject to a civil penalty not to exceed two thousand 

Substitute House Bill No. 5391 
 
Public Act No. 26-9 3 of 3 
 
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 bylaw, 
ordinance,  rule or  regulation  which  is  the  subject  of  a  civil  action 
wherein one of the issues is the interpretation of such bylaw, ordinance, 
rule or [regulations] regulation, 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