Connecticut Senate Bill SB00862

Connecticut 2011 Regular Session

• Introduced: 1/31/11
• Refer: 1/31/11
• Report Pass: 3/7/11
• Refer: 3/17/11
• Report Pass: 3/23/11
• Refer: 4/21/11
• Report Pass: 4/26/11
• Report Pass: 4/27/11
• Engrossed: 5/26/11
• Report Pass: 5/28/11

Caption

An Act Concerning Liability Of Zoning Enforcement Officers.

Impact

The bill's provisions would directly affect the operations and responsibilities of zoning enforcement officers within municipalities. By increasing the potential liability for issuing unjustified citations, SB00862 introduces a system where such officers must exercise greater caution and diligence when citing local ordinances. This can lead to changes in local policies that govern zoning laws, as municipalities may need to provide additional training and support to their enforcement staff to mitigate risks associated with civil liabilities.

Summary

Senate Bill No. 862, also known as an act concerning liability of zoning enforcement officers, seeks to amend the existing laws regarding the accountability of zoning enforcement officers when issuing citations. Specifically, the bill proposes to make these officers liable for treble damages in any civil action if a court finds that a citation was issued frivolously or without probable cause. This change establishes a clearer standard for the accountability of enforcement actions connected to local zoning regulations and aims to safeguard against arbitrary enforcement practices.

Sentiment

The sentiment surrounding SB00862 appears to be generally favorable in the legislative discussions, particularly among members concerned with fair enforcement of zoning regulations. Supporters argue that the bill reinforces accountability and protects citizens from unfair penalization. However, there may be some apprehension regarding the implications this increased liability could have on the decision-making process of zoning enforcement officers, potentially leading to overly cautious behavior, which could impede effective zoning regulation.

Contention

Notable points of contention regarding SB00862 include concerns from various stakeholders about the potential unintended consequences of increased liability. Critics caution that this may lead to a situation where enforcement officers hesitate to take necessary enforcement action due to fear of personal liability, which could undermine the effective implementation of zoning ordinances. As a result, there is a balancing act to be achieved between protecting citizens from injustices and ensuring that local zoning regulations remain enforceable.