CANDLEWOOD TAX DISTRICT
ORDINANCES
1. All driveways and parking areas to be constructed shall be constructed so as not to interfere, block or hamper the present drainage and/or culvert system as now exists or that may be constructed by the Candlewood Tax District. Passed at 5/27/78 meeting.
2. The Candlewood Tax District shall require from all property owners or their builder for new home construction or major alterations, security posted in the form of a bond in the amount of $2000.00 to cover the cost of damage to the roadway or Tax District right-of-way. This damage is to be assessed by the legally constituted road committee of the tax district. Any owner of land which abuts a road owned by the Candlewood Tax District or any owner of land within the Candlewood Tax District who files an application with any land use board, agency, commission or office in the Towns of Sherman or New Milford that involves substantial construction activity, substantial filling, grading, or excavation, or timber harvesting, or driveway construction or repair, shall, within seven (7) days of the date of filing the application, send written notice by certified mail of each such application to the president of the Candlewood Tax District.
Passed at 5/27/78 meeting. Amended at May 28, 2005 meeting.
3. No vehicle is permitted to be parked or left unattended on any of the paved roadways within the Candlewood Tax District, and each property owner is to provide a proper parking area in accordance with the Town of Sherman's zoning regulations revised 1977. Any such vehicle may be removed by CTD, or its designated agent, from its property at the sole risk, cost and expense of the owner, or rightful possessor, thereof and such removal may include towing and storage charges. A violation of this ordinance constitutes a nuisance, hazard, impediment and/or obstruction to the open and safe use of the roads and rights-of-way requiring removal of the offending vehicle and shall constitute an emergency under section 17-3 of these ordinances. Unless waived by the Board of Directors, any such vehicles so removed shall not be returned to the owner, or rightful possessor, thereof until any costs and expenses incurred by CTD, and/or its designated agent, for the removal and storage thereof have been paid in full. Passed at 5/27/78 meeting. Amended at May 31, 2014 meeting.
4. Except where specifically governed by a Candlewood Tax District ordinance, the Connecticut Motor Vehicle Code is adopted as an ordinance for the roadways of the Candlewood Tax District. Passed at 8/26/78 meeting.
5. No motorized boat, vessel or other means of conveyance shall be operated upon or within the waters of Green Pond, a/k/a Emerald Lake, during any season, Winter, Summer, Spring or Fall, as the boundaries of the same lake have been drawn and defined by the appurtenant land records and maps recorded by the Town of Sherman, State of Connecticut. For the purpose of this ordinance, a motorized boat, vessel, etc. shall be one propelled in whole or part by artificial means. i.e. any motor and/or engine of any sort whatever. Passed at 8/26/78 meeting.
6. The activities of camping and/or picnicking within the established boundaries of the Candlewood Tax District are hereby prohibited, except that this ordinance shall not be construed to prohibit such activities by a property owner, or the bona fide guest of a property owner, upon the land owned by such person or persons. Passed at 8/26/78 meeting.
7. The speed limit on the roadways of the Candlewood Tax District shall not exceed 25 miles per hour. Passed at 8/26/78 meeting.
8. No piece or parcel of land located or lying in whole or in part within the boundaries or confines of the Candlewood Tax District shall be deemed adjacent to or contiguous with any piece or parcel of land located or lying outside said boundaries or confines for any requirements or other purpose of the planning, zoning or health codes, or ordinances of the Town of Sherman, whatsoever; and further, no piece or parcel of land located or lying within the said boundaries or confines shall be used for the purposes of ingress and egress to or from any property, piece, parcel or lot of land located or lying without the same, except as heretofore may have been recorded and established for such said purpose upon the land records of the Town of Sherman. Passed at 1/22/83 meeting.
9. No roadway, access way, driveway, other traverse or easement of any sort whatsoever shall be constructed, or the use thereof granted, within the boundaries or confines of the Candlewood Tax District; except a roadway, accessway, driveway, other traverse or easement constructed, granted or used for the sole purpose of ingress or egress to or from a fully approved single‑family residential dwelling lot dedicated to such single family residential use, which lot lies or is located wholly within the boundaries or confines of the said district, or further, is constructed or used as an approved part or portion of such a said dwelling lot for the sole purpose of access to and from the waters of Candlewood Lake and/or Green Pond a/k/a Emerald Lake; unless and until approved by a majority of the Tax District members at a Tax District meeting for which such proposed approval has been duly warned prior to such meeting in accordance with applicable laws and by-laws. Passed at 1/22/83 meeting.
10. The Candlewood Tax District, its officers and board of directors are prohibited from the sale of any easements under the roadways of said Candlewood Tax District. Said prohibition to be inclusive of all of the area known as "Candlewood Lake Estates" whether said roadway is located in Sherman or New Milford. Nothing herein contained shall be construed to prohibit the sale of other easements. Passed at 5/28/98 meeting.
11. Lessees of lots, unimproved by any permanent dwelling situated thereon, located within the Candlewood Tax District cannot use any beach located within the Candlewood Tax District. Passed at 7/9/88 meeting.
12. The Candlewood Tax District is prohibited from the sale of easements from the roads and beaches. Passed at the 7/9/88 meeting.
13. The president and any other person(s) designated by the board of directors are the only persons authorized to contact the CTD attorney on district matters. Others may do so at their own expense. Passed at the 10/24/92 meeting.
14. Activities such as (a) topping and/or cutting of trees, (b) dumping brush, and (c) installation of electrical wiring of any nature on CTD property are prohibited unless authorized by the officers and board of directors of the district. Passed at the 10/24/92 meeting.
15. It is the duty of the officers and board of directors of the CTD to adhere to recommendations of the insurance company regarding our liability in the district. Passed at 10/24/92 meeting.
16. No items including, but not limited to, boats, trailers, motor vehicles, vehicles, rafts, chairs, inflatables, toys or other personal property may be placed or remain on CTD property overnight by the owner thereof, except, where appropriate, in such areas as may be designated by CTD for that purpose. CTD property includes, but is not limited to, roads, rights‑of‑way, grass and beach areas. No boat racks, boat docks or buoys or similar items may be installed or constructed without duly authorized written permission from CTD. Any such items may be removed by CTD, or its designated agent, from its property at the sole risk, cost and expense of the owner, or rightful possessor, thereof and such removal may include towing and storage charges. A violation of this ordinance constitutes a nuisance, hazard, impediment and/or obstruction to the open and safe use of CTD property requiring removal of the offending items and shall constitute an emergency under section 17-3 of these ordinances. Unless waived by the Board of Directors, any such items so removed shall not be returned to the owner, or rightful possessor, thereof until any costs and expenses incurred by CTD, and/or its designated agent, for the removal and storage thereof have been paid in full. Passed at 5/26/01 meeting. Amended at May 31, 2014 meeting.
17. Enforcement
17-1. Notice of Violation
(a) Notice of Violation. If a majority of the Board of Directors determines that there is a violation of the Ordinances, By-Laws or Beach Regulations of the Candlewood Tax District (hereinafter "CTD"), it shall issue a Notice of Violation, the form of which is set forth herein, by mailing said Notice of Violation to the person it is alleged to be responsible for the violation or to the owner of the property with respect to which the violation exists by Certified Mail, Return Receipt Requested, to the address of said owner as recorded in the records of the CTD Tax Collector. Service may also be made by in-hand or abode service by a CTD Officer or Director.
The Notice of Violation shall contain sufficient details about the Violation to give adequate notice thereof. The Notice of Violation shall also contain sufficient details about the required remedial or curative action that must be taken to give the person or owner adequate notice thereof. The person or owner shall be required to remove or to commence diligent efforts to remove or cure the violation within thirty (30) days after the receipt of the Notice of Violation. The person or owner may demand a Hearing before the Board of Directors if, within said thirty (30) day period, he or she makes a written demand therefor that is received by the Board within said thirty (30) day period. Such request shall be mailed to the Board by Certified Mail, Return Receipt Requested or delivered using an overnight carrier. The Board shall use its best efforts to conduct said Hearing on or before the 45th day after the date of the mailing, service or posting of the Notice of Violation but its failure or inability to do so shall not prejudice or deprive it of its right to conduct said Hearing at any reasonable time thereafter. The failure of the person or owner to request a Hearing shall constitute a waiver of the right thereto. The receipt of a timely, written request for a Hearing will automatically stay any further enforcement of the remedial action set forth in the Notice of Violation until a decision of the CTD Board has been made and served upon the person or owner. A Hearing decision of the CTD Board shall be deemed to have been served on the date a copy thereof has been mailed to the person or owner by Certified Mail, Return Receipt Requested, to the address set forth in the demand for a Hearing or to any other address requested by the owner in writing.
(b) Hearing. At the Hearing, the person or owner may contest the proprie1y of the Issuance of the Notice of Violation. The Board shall consider the person's or owner's arguments and shall thereafter render its written decision by a majority of those present and voting. The Board may, but shall not be required to, issue or continue any stay for a period not to exceed fifteen (15) days.
(c) Decision. The decision of the Board shall be final and may be appealed to the Superior Court in accord with the applicable provisions of the Connecticut General Statutes.
17-2. Penalty
(a) Board Affirmance of Notice of Violation. In the event that the Board upholds the issuance of the Notice of Violation, the person or owner shall pay a fine to CTD in the sum of $25.00 for each day that the Violation shall continue to exist. Each day that the Violation continues to exist shall constitute a separate offense. The fine shall commence on the earliest of: (i) the thirty-first (31) day after the date of the receipt by the owner of the Notice of Violation if no Hearing has been requested; or (ii) the date of service of the decision of the Board to uphold the Notice of Violation; or (iii) the day after the expiration date of a stay of enforcement, if any; or. (iv) as the Board may direct. The CTD President or any Board Member may determine whether the Violation is continuing.
(b) Failure to Comply With Notice of Violation. If a person or owner fails to demand a Hearing in a timely manner, the person or owner shall pay a fine to CTD in the sum of $25.00 for each day that the Violation shall continue to exist. Each day that the Violation continues to exist shall constitute a separate offense. In addition thereto, on any date after the expiration of the thirty (30) day period set forth in the Notice of Violation, the Board or its agent may undertake to remove or cure the violation set forth therein and to place a lien on the subject property for the cost of the removal or curing thereof and interest shall accrue thereon at a rate that is in accord with the provisions of Section 37-1 of the Connecticut General Statutes.
(c) Failure to Comply with Decision of Board. If a person or owner fails to comply with a decision of the Board and the violation-shall continue to exist for ten (10) days subsequent to the service of its decision on the person or owner, in addition to the penalty set forth in (a) supra, on any date after the expiration of said ten (10) days, the Board or its agents may undertake to remove or cure the violation(s) set forth in the Notice of Violation and to place a lien on the subject property for the cost of the removal or curing thereof and interest shall accrue thereon at a rate that is in accord with the provisions of Section 37-1 of the Connecticut General Statutes.
(d) Enforcement Action. If the Board determines that CTD must seek to enforce the Ordinances, By-Laws or Beach Regulations of the Tax District or to collect the fines or penalties, the person or owner responsible for the violation thereof shall pay all costs and expenses, including, but not limited to, reasonable attorney’s fees related to said enforcement or collection of the fines or penalties, upon written demand, setting forth the total costs and expenses. The total costs and expenses plus interest thereon at the statutory rate set forth in Section 37-1 of the Connecticut General Statutes, as amended, shall be an additional penalty for said violation(s) of the Ordinances; By-Laws or Beach Regulations in accord with the provisions of Section 7-328 of the Connecticut General Statutes. The unpaid principal amount of the fines or penalties plus interest thereon may be secured by a lien on the property of the person or owner responsible for the violation(s). Interest shall begin to accrue on the unpaid penalties after 30 days from the date of demand setting forth the total penalties.
17-3. Emergency
(a) If the Board determines that there is a condition that causes an immediate danger to the health, safety or welfare of a user, occupant or owner of property or to the health, safety or welfare of the residents of the District, the Board shall cause its agents to take immediate measures to effect whatever work may be necessary to eliminate the cause or causes of such danger and place a lien on the subject property for the cost of the repairs or other work which shall accrue interest at the statutory rate set forth in Section 37-1 of the Connecticut General Statutes.
(b) If the Board determines that there is a condition that causes an immediate danger to the health, safety or welfare of a user, occupant or owner of property or to health, safety or welfare of the residents of the District, the CTD President or his designee shall have the right to enter upon said property for the purpose of evaluating the extent and cause of the danger and for making repairs.
(c) As soon as is practicable under the circumstances, the CTD President or his designee shall make all reasonable efforts to contact the owner of the subject property and give information concerning the emergency.
17-4. Special Consideration
The Board may give special consideration to individuals who are elderly or disabled and who demonstrate that the issuance of a Notice of Violation results from an inability to maintain an owner-occupied residence and no person with that ability resides therein. Such special consideration shall be limited to the reduction or elimination of fines and an agreement that the Board or its agents will perform the work necessary to cure or remove the Violation and place a lien on the property for the cost thereof as hereinabove set forth.
18. Each Tax District entity, Candlewood Tax District (“CTD”) and Tax District of Candlewood Lake Estates, New Milford (“CLENM”), shall pay the annual costs for beach tags for each taxpayer of the respective district with proper rights to use a beach or beaches within the boundaries of the Candlewood Tax District. The costs include, but are not limited to, the cost of the tags, envelopes and postage for mailing the tags. The cost for beach tags shall be the same per beach tag rate for each such taxpayer, regardless of which district he/she resides within. Each Tax District shall pay the costs for beach tags for its respective taxpayers within thirty (30) days of receiving a bill for the costs. The projected annual costs for each beach tag for the ensuing beach season will be provided by CTD to CLENM by April 15th of each year. Upon receipt from CLENM of a list of names and addresses of CLENM taxpayers with legal beach rights and payment by CLENM of the appropriate per beach tag cost for the beach tags for its residents, CTD must issue the beach tags and gate access card within thirty (30) days. Passed at May 28, 2011 meeting. Amended at May 31, 2014 meeting.
19. No watercraft is permitted to launch in Community landings or any other docks or locations on either Green Pond or Candlewood Lake within CTD unless:
A. It is registered and operated in compliance with all applicable laws and regulations of the State of Connecticut and the Town of Sherman; and
B. It has been thoroughly cleaned, drained and dried for at least 72 continuous hours after use in any body of water different than the body of water it is being launched in. This is to prevent the introduction of foreign plant, animal, or microbial species into Green Pond or Candlewood Lake in compliance with all State of Connecticut statutes and regulations pertaining to Aquatic Invasive Species. This ordinance is intended to protect both Green Pond and Candlewood Lake from the introduction of non-native, invasive species and specifically applies to watercraft being transported into and between Green Pond and Candlewood Lake.
“Watercraft” shall mean any boat or other watercraft capable of carrying one or more persons on or over the surface of a lake or other water body and, for the purpose of this ordinance, shall include any trailer used to transport a watercraft. Passed at May 31, 2014 meeting.
ORDINANCES
1. All driveways and parking areas to be constructed shall be constructed so as not to interfere, block or hamper the present drainage and/or culvert system as now exists or that may be constructed by the Candlewood Tax District. Passed at 5/27/78 meeting.
2. The Candlewood Tax District shall require from all property owners or their builder for new home construction or major alterations, security posted in the form of a bond in the amount of $2000.00 to cover the cost of damage to the roadway or Tax District right-of-way. This damage is to be assessed by the legally constituted road committee of the tax district. Any owner of land which abuts a road owned by the Candlewood Tax District or any owner of land within the Candlewood Tax District who files an application with any land use board, agency, commission or office in the Towns of Sherman or New Milford that involves substantial construction activity, substantial filling, grading, or excavation, or timber harvesting, or driveway construction or repair, shall, within seven (7) days of the date of filing the application, send written notice by certified mail of each such application to the president of the Candlewood Tax District.
Passed at 5/27/78 meeting. Amended at May 28, 2005 meeting.
3. No vehicle is permitted to be parked or left unattended on any of the paved roadways within the Candlewood Tax District, and each property owner is to provide a proper parking area in accordance with the Town of Sherman's zoning regulations revised 1977. Any such vehicle may be removed by CTD, or its designated agent, from its property at the sole risk, cost and expense of the owner, or rightful possessor, thereof and such removal may include towing and storage charges. A violation of this ordinance constitutes a nuisance, hazard, impediment and/or obstruction to the open and safe use of the roads and rights-of-way requiring removal of the offending vehicle and shall constitute an emergency under section 17-3 of these ordinances. Unless waived by the Board of Directors, any such vehicles so removed shall not be returned to the owner, or rightful possessor, thereof until any costs and expenses incurred by CTD, and/or its designated agent, for the removal and storage thereof have been paid in full. Passed at 5/27/78 meeting. Amended at May 31, 2014 meeting.
4. Except where specifically governed by a Candlewood Tax District ordinance, the Connecticut Motor Vehicle Code is adopted as an ordinance for the roadways of the Candlewood Tax District. Passed at 8/26/78 meeting.
5. No motorized boat, vessel or other means of conveyance shall be operated upon or within the waters of Green Pond, a/k/a Emerald Lake, during any season, Winter, Summer, Spring or Fall, as the boundaries of the same lake have been drawn and defined by the appurtenant land records and maps recorded by the Town of Sherman, State of Connecticut. For the purpose of this ordinance, a motorized boat, vessel, etc. shall be one propelled in whole or part by artificial means. i.e. any motor and/or engine of any sort whatever. Passed at 8/26/78 meeting.
6. The activities of camping and/or picnicking within the established boundaries of the Candlewood Tax District are hereby prohibited, except that this ordinance shall not be construed to prohibit such activities by a property owner, or the bona fide guest of a property owner, upon the land owned by such person or persons. Passed at 8/26/78 meeting.
7. The speed limit on the roadways of the Candlewood Tax District shall not exceed 25 miles per hour. Passed at 8/26/78 meeting.
8. No piece or parcel of land located or lying in whole or in part within the boundaries or confines of the Candlewood Tax District shall be deemed adjacent to or contiguous with any piece or parcel of land located or lying outside said boundaries or confines for any requirements or other purpose of the planning, zoning or health codes, or ordinances of the Town of Sherman, whatsoever; and further, no piece or parcel of land located or lying within the said boundaries or confines shall be used for the purposes of ingress and egress to or from any property, piece, parcel or lot of land located or lying without the same, except as heretofore may have been recorded and established for such said purpose upon the land records of the Town of Sherman. Passed at 1/22/83 meeting.
9. No roadway, access way, driveway, other traverse or easement of any sort whatsoever shall be constructed, or the use thereof granted, within the boundaries or confines of the Candlewood Tax District; except a roadway, accessway, driveway, other traverse or easement constructed, granted or used for the sole purpose of ingress or egress to or from a fully approved single‑family residential dwelling lot dedicated to such single family residential use, which lot lies or is located wholly within the boundaries or confines of the said district, or further, is constructed or used as an approved part or portion of such a said dwelling lot for the sole purpose of access to and from the waters of Candlewood Lake and/or Green Pond a/k/a Emerald Lake; unless and until approved by a majority of the Tax District members at a Tax District meeting for which such proposed approval has been duly warned prior to such meeting in accordance with applicable laws and by-laws. Passed at 1/22/83 meeting.
10. The Candlewood Tax District, its officers and board of directors are prohibited from the sale of any easements under the roadways of said Candlewood Tax District. Said prohibition to be inclusive of all of the area known as "Candlewood Lake Estates" whether said roadway is located in Sherman or New Milford. Nothing herein contained shall be construed to prohibit the sale of other easements. Passed at 5/28/98 meeting.
11. Lessees of lots, unimproved by any permanent dwelling situated thereon, located within the Candlewood Tax District cannot use any beach located within the Candlewood Tax District. Passed at 7/9/88 meeting.
12. The Candlewood Tax District is prohibited from the sale of easements from the roads and beaches. Passed at the 7/9/88 meeting.
13. The president and any other person(s) designated by the board of directors are the only persons authorized to contact the CTD attorney on district matters. Others may do so at their own expense. Passed at the 10/24/92 meeting.
14. Activities such as (a) topping and/or cutting of trees, (b) dumping brush, and (c) installation of electrical wiring of any nature on CTD property are prohibited unless authorized by the officers and board of directors of the district. Passed at the 10/24/92 meeting.
15. It is the duty of the officers and board of directors of the CTD to adhere to recommendations of the insurance company regarding our liability in the district. Passed at 10/24/92 meeting.
16. No items including, but not limited to, boats, trailers, motor vehicles, vehicles, rafts, chairs, inflatables, toys or other personal property may be placed or remain on CTD property overnight by the owner thereof, except, where appropriate, in such areas as may be designated by CTD for that purpose. CTD property includes, but is not limited to, roads, rights‑of‑way, grass and beach areas. No boat racks, boat docks or buoys or similar items may be installed or constructed without duly authorized written permission from CTD. Any such items may be removed by CTD, or its designated agent, from its property at the sole risk, cost and expense of the owner, or rightful possessor, thereof and such removal may include towing and storage charges. A violation of this ordinance constitutes a nuisance, hazard, impediment and/or obstruction to the open and safe use of CTD property requiring removal of the offending items and shall constitute an emergency under section 17-3 of these ordinances. Unless waived by the Board of Directors, any such items so removed shall not be returned to the owner, or rightful possessor, thereof until any costs and expenses incurred by CTD, and/or its designated agent, for the removal and storage thereof have been paid in full. Passed at 5/26/01 meeting. Amended at May 31, 2014 meeting.
17. Enforcement
17-1. Notice of Violation
(a) Notice of Violation. If a majority of the Board of Directors determines that there is a violation of the Ordinances, By-Laws or Beach Regulations of the Candlewood Tax District (hereinafter "CTD"), it shall issue a Notice of Violation, the form of which is set forth herein, by mailing said Notice of Violation to the person it is alleged to be responsible for the violation or to the owner of the property with respect to which the violation exists by Certified Mail, Return Receipt Requested, to the address of said owner as recorded in the records of the CTD Tax Collector. Service may also be made by in-hand or abode service by a CTD Officer or Director.
The Notice of Violation shall contain sufficient details about the Violation to give adequate notice thereof. The Notice of Violation shall also contain sufficient details about the required remedial or curative action that must be taken to give the person or owner adequate notice thereof. The person or owner shall be required to remove or to commence diligent efforts to remove or cure the violation within thirty (30) days after the receipt of the Notice of Violation. The person or owner may demand a Hearing before the Board of Directors if, within said thirty (30) day period, he or she makes a written demand therefor that is received by the Board within said thirty (30) day period. Such request shall be mailed to the Board by Certified Mail, Return Receipt Requested or delivered using an overnight carrier. The Board shall use its best efforts to conduct said Hearing on or before the 45th day after the date of the mailing, service or posting of the Notice of Violation but its failure or inability to do so shall not prejudice or deprive it of its right to conduct said Hearing at any reasonable time thereafter. The failure of the person or owner to request a Hearing shall constitute a waiver of the right thereto. The receipt of a timely, written request for a Hearing will automatically stay any further enforcement of the remedial action set forth in the Notice of Violation until a decision of the CTD Board has been made and served upon the person or owner. A Hearing decision of the CTD Board shall be deemed to have been served on the date a copy thereof has been mailed to the person or owner by Certified Mail, Return Receipt Requested, to the address set forth in the demand for a Hearing or to any other address requested by the owner in writing.
(b) Hearing. At the Hearing, the person or owner may contest the proprie1y of the Issuance of the Notice of Violation. The Board shall consider the person's or owner's arguments and shall thereafter render its written decision by a majority of those present and voting. The Board may, but shall not be required to, issue or continue any stay for a period not to exceed fifteen (15) days.
(c) Decision. The decision of the Board shall be final and may be appealed to the Superior Court in accord with the applicable provisions of the Connecticut General Statutes.
17-2. Penalty
(a) Board Affirmance of Notice of Violation. In the event that the Board upholds the issuance of the Notice of Violation, the person or owner shall pay a fine to CTD in the sum of $25.00 for each day that the Violation shall continue to exist. Each day that the Violation continues to exist shall constitute a separate offense. The fine shall commence on the earliest of: (i) the thirty-first (31) day after the date of the receipt by the owner of the Notice of Violation if no Hearing has been requested; or (ii) the date of service of the decision of the Board to uphold the Notice of Violation; or (iii) the day after the expiration date of a stay of enforcement, if any; or. (iv) as the Board may direct. The CTD President or any Board Member may determine whether the Violation is continuing.
(b) Failure to Comply With Notice of Violation. If a person or owner fails to demand a Hearing in a timely manner, the person or owner shall pay a fine to CTD in the sum of $25.00 for each day that the Violation shall continue to exist. Each day that the Violation continues to exist shall constitute a separate offense. In addition thereto, on any date after the expiration of the thirty (30) day period set forth in the Notice of Violation, the Board or its agent may undertake to remove or cure the violation set forth therein and to place a lien on the subject property for the cost of the removal or curing thereof and interest shall accrue thereon at a rate that is in accord with the provisions of Section 37-1 of the Connecticut General Statutes.
(c) Failure to Comply with Decision of Board. If a person or owner fails to comply with a decision of the Board and the violation-shall continue to exist for ten (10) days subsequent to the service of its decision on the person or owner, in addition to the penalty set forth in (a) supra, on any date after the expiration of said ten (10) days, the Board or its agents may undertake to remove or cure the violation(s) set forth in the Notice of Violation and to place a lien on the subject property for the cost of the removal or curing thereof and interest shall accrue thereon at a rate that is in accord with the provisions of Section 37-1 of the Connecticut General Statutes.
(d) Enforcement Action. If the Board determines that CTD must seek to enforce the Ordinances, By-Laws or Beach Regulations of the Tax District or to collect the fines or penalties, the person or owner responsible for the violation thereof shall pay all costs and expenses, including, but not limited to, reasonable attorney’s fees related to said enforcement or collection of the fines or penalties, upon written demand, setting forth the total costs and expenses. The total costs and expenses plus interest thereon at the statutory rate set forth in Section 37-1 of the Connecticut General Statutes, as amended, shall be an additional penalty for said violation(s) of the Ordinances; By-Laws or Beach Regulations in accord with the provisions of Section 7-328 of the Connecticut General Statutes. The unpaid principal amount of the fines or penalties plus interest thereon may be secured by a lien on the property of the person or owner responsible for the violation(s). Interest shall begin to accrue on the unpaid penalties after 30 days from the date of demand setting forth the total penalties.
17-3. Emergency
(a) If the Board determines that there is a condition that causes an immediate danger to the health, safety or welfare of a user, occupant or owner of property or to the health, safety or welfare of the residents of the District, the Board shall cause its agents to take immediate measures to effect whatever work may be necessary to eliminate the cause or causes of such danger and place a lien on the subject property for the cost of the repairs or other work which shall accrue interest at the statutory rate set forth in Section 37-1 of the Connecticut General Statutes.
(b) If the Board determines that there is a condition that causes an immediate danger to the health, safety or welfare of a user, occupant or owner of property or to health, safety or welfare of the residents of the District, the CTD President or his designee shall have the right to enter upon said property for the purpose of evaluating the extent and cause of the danger and for making repairs.
(c) As soon as is practicable under the circumstances, the CTD President or his designee shall make all reasonable efforts to contact the owner of the subject property and give information concerning the emergency.
17-4. Special Consideration
The Board may give special consideration to individuals who are elderly or disabled and who demonstrate that the issuance of a Notice of Violation results from an inability to maintain an owner-occupied residence and no person with that ability resides therein. Such special consideration shall be limited to the reduction or elimination of fines and an agreement that the Board or its agents will perform the work necessary to cure or remove the Violation and place a lien on the property for the cost thereof as hereinabove set forth.
18. Each Tax District entity, Candlewood Tax District (“CTD”) and Tax District of Candlewood Lake Estates, New Milford (“CLENM”), shall pay the annual costs for beach tags for each taxpayer of the respective district with proper rights to use a beach or beaches within the boundaries of the Candlewood Tax District. The costs include, but are not limited to, the cost of the tags, envelopes and postage for mailing the tags. The cost for beach tags shall be the same per beach tag rate for each such taxpayer, regardless of which district he/she resides within. Each Tax District shall pay the costs for beach tags for its respective taxpayers within thirty (30) days of receiving a bill for the costs. The projected annual costs for each beach tag for the ensuing beach season will be provided by CTD to CLENM by April 15th of each year. Upon receipt from CLENM of a list of names and addresses of CLENM taxpayers with legal beach rights and payment by CLENM of the appropriate per beach tag cost for the beach tags for its residents, CTD must issue the beach tags and gate access card within thirty (30) days. Passed at May 28, 2011 meeting. Amended at May 31, 2014 meeting.
19. No watercraft is permitted to launch in Community landings or any other docks or locations on either Green Pond or Candlewood Lake within CTD unless:
A. It is registered and operated in compliance with all applicable laws and regulations of the State of Connecticut and the Town of Sherman; and
B. It has been thoroughly cleaned, drained and dried for at least 72 continuous hours after use in any body of water different than the body of water it is being launched in. This is to prevent the introduction of foreign plant, animal, or microbial species into Green Pond or Candlewood Lake in compliance with all State of Connecticut statutes and regulations pertaining to Aquatic Invasive Species. This ordinance is intended to protect both Green Pond and Candlewood Lake from the introduction of non-native, invasive species and specifically applies to watercraft being transported into and between Green Pond and Candlewood Lake.
“Watercraft” shall mean any boat or other watercraft capable of carrying one or more persons on or over the surface of a lake or other water body and, for the purpose of this ordinance, shall include any trailer used to transport a watercraft. Passed at May 31, 2014 meeting.