SUMMONS - CIVIL JD-CV-1 Rev. 6-1 1 C65. 51-345. 51-347, 51-349, 51-350. 52-450, 52-48. -259. PB. Secs. 3-1 lhloufli 3-21. 8-1 if amount, legal interest or properly in demand. not including interest and costs is less than 52.500. '3 if amount, legal interest or property in demand, not including interest and costs is $2,500 or more. if claiming other relief in addition to or in lieu of money or damages. STATE OF CONNECTICUT SUPERIOR COURT Seepegezforinetructfons To: Any properoflioer. BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby this Summons and attached Complaint. 55 51-346. 51-350) 14westRiver3treet.IlilfoI'd.CT 06460 (203 )877-4293 n.gi_171_ Juticialoistrict GA At 51.339') Housing Session mm WW6 Major: Minor: 90 For the please enter the appearance of: (Mnibonsteetbmiuidzitieow) Milford City Attorney's Office, 110 River street. Milford. CT 06460 37950 (203 733-3250 Sigiduedfidrtil Number of Plaintiffs: 1 NumberafDefendarts: 1 Form JD-CV-2 attached for additional parties Parties Name Nam: KUCHTA, Kath Zoni Enforcement Officer for the of Milford P-01 Address: 110 River Street. ulirord,'3r 06460 Additional M2 Plaintiff sum D-an Address: CT 06460 TWS '5 A13 5 C0 1 Defendant . - - ATTE - Amazure ARSHAL Additional ?'53 Defendant Address. Notice to Each Defendant 1.YoUAREBElNGsUED.Thispaperlsa obtained etlhe Coutaddress aboveorat under"Court Forms.' Fibraryoron-lineat urider"Court Rules.' lggelquesttons. Signed(' and?!' xcornrrissiorierofthe NarneofPenonsigningetLefl Dmeimed egg; Debra s. Kelly, Assistant City Attorney 1012512011 If this Summons is signed by a Clerk. Forcourf Use Only 50068 loertifylhave read and 339"" '33" understand the above: Tonl Weeks, 110 River Street. Milford, CT 06460 signed( dtaldrig box) Date oocruaruuinber ZC rmoiorii DOCKET NO.: AAN CV 11 6008312 SUPERIOR COURT KATHLEEN KUCHTA, Zoning JUDICIAL DISTRICT OF Enforcement Officer for the City of Milford AT MILFORD VS. DECEMBER 2, 2011 EILEEN R. ARISIAN AMENDED COMPLAINT FIRST COUNT: 1. The Plaintiff is KATHLEEN KUCHT A Zoning Enforcement Officer for the City of Milford, duly authorized to enforce the City of Milford Zoning Regulations. 2. The Defendant. EILEEN R. ARISIAN, is the record owner of the premises known as 2 Orland Street, Milford Connecticut (hereinafter "the premises"). 3. On or about July 6, 2011, KUCHTA determined that the Defendant had erected or allowed to be erected three (3) signs on the front and side of the dwelling located on the premises. 4. On or about July 7, 2011, KUCHTA issued an order to the Defendant notifying her that the signs violate 5.3.3.1, 5.3.4 and 5.3.4.1 of the City of Milford Zoning Regulations. By her order, KUCHT A ordered the Defendant to remove the three (3) signs on the front and side of the dwelling located on the premises within ten days of the date of her order. Exhibit 5. The Defendant has failed to exhaust her administrative remedies by timely appealing -said order. 6. To date, the Defendant has failed and/or willfully failed to comply with KUCHTA's order or appeal said order. 7. KUCHTA brings this action pursuant to Connecticut General Statutes 1 2. SECOND COUNT: 1-2. Paragraphs 1 and 2 of the FIRST COUNT are hereby incorporated as Paragraphs 1 and 2 of this the SECOND COUNT as if fully set forth herein. 3. On or about October 26, 2011, KUCHTA detennined that the Defendant was occupying and/or allowing the occupancy of the dwelling lowted on the premises without a Certificate of Zoning Compliance and Certificate of Occupancy. 4. On or about October 26, 2011, KUCHTA issued an order to the Defendant notifying her that the use and occupancy of the dwelling located on the premises without a Certificate of Zoning Compliance and Certificate of Occupancy is a violation of 8.5, 8.8 and 8.9 of the City of Milford Zoning Regulations. A copy of said order is attached as Exhibit 5-7. Paragraphs 5 through 7 of the FIRST COUNT are hereby incorporated as Paragraphs 5 through 7 of this the SECOND COUNT as if fully set forth herein. THE PLAINTIFF, KATHLEEN KUCHTA Zoning Enforcement Officer for the City of Milford BY: lS/ 414765 DEBRA S. KELLY, Her Attomey City Hall - 110 River Street Milford, Connecticut 06460-3390 Tel. 783-3250 Juris 37950 DOCKET NO.: AAN CV 11 6008312 8 SUPERIOR COURT KATHLEEN KUCHTA, Zoning JUDICIAL DISTRICT OF Enforcement Officer for the City of Milford ANSONIAIMILFORD AT MILFORD VS. DECEMBER 2, 2011 EILEEN R. ARISIAN CLAIM FOR RELIEF in the above-entitled action claims: 1. A civil penalty of Two thousand five hundred dollars pursuant to Connecticut General Statutes ?8-12. 2. Attomey's fees and costs pursuant to Connecticut General Statutes ?8-12. 3. A permanent injunction enjoining the Defendant from maintaining and allowing the maintenance of the premises in violation of the City of Milford Zoning Regulations and ordering the Defendant to immediately remove the three (3) signs on the front and side of the dwelling located on the premises. 4. A permanent injunction enjoining the Defendant from occupying and/or allowing the occupancy of the dwelling located on the premises in violation of the City of Milford Zoning Regulations and ordering the Defendant to immediately obtain a Certificate of Zoning Compliance and a Certificate of Occupancy. 4. An order pennitting the periodic inspection of the premises by the Plaintiff and/or her agents in order to ensure compliance with the above orders. 5. Such other and further relief as the Court may find appropriate. THE PLAINTIFF, KATHLEEN KUCHTA Zoning Enforcement Officer for the City of Milford BY: 414765 DEBRA S. KELLY, Her Attomey City Hall - 110 River Street Milford. Connecticut 06460-3390 Tel. 783-3250 Juris 37950 DOCKET NO.: AAN CV 11 6008312 3 SUPERIOR COURT KATHLEEN KUCHTA, Zoning JUDICIAL DISTRICT OF Enforcement Officer for the City of Milford ANSONIAIMILFORD AT MILFORD vs. DECEMBER 2, 2011 EILEEN R. ARISIAN AMENDED AMOUNT IN DEMAND The amount, legal interest or property in demand, is more than Two Thousand Five Hundred Dollars exclusive of interest and costs. THE PLAINTIFF, KATHLEEN KUCHTA Zoning Enforcement Officer for the City of Milford BY: 414765 DEBRA S. KELLY, Her Attomey City Hall - 110 River Street Milford, Connecticut 06460-3390 Tel. 783-3250 Juris 37950 RETURN DATE: NOVEMBER 22, 2011 SUPERIOR COURT KATHLEEN KUCHTA, Zonlng JUDICIAL DISTRICT OF Enforcement Officer for the City of Milford ANSONIAIMILFORD AT MILFORD VS. OCTOBER 25, 2011 EILEEN R. ARISIAN COMPLAINT FIRST COUNT: 1. The Plaintiff is KATHLEEN KUCHTA Zoning Enforcement Officer for the City of Milford, duly authorized to enforce the City of Milford Zoning Regulations. 2. The Defendant, EILEEN R. ARISIAN, is the record owner of the premises known as 2 Orland Street, Milford Connecticut (hereinafter "the premises"). 3. On or about July 6, 2011, KUCHTA determined that the Defendant had erected or allowed to be erected three (3) signs on the front and side of the dwelling located on the premises. 4. On or about July 7, 2011, KUCHTA issued an order tothe Defendant notifying her that the signs violate 5.3.3.1, 5.3.4 and 5.3.4.1 of the City of Milford Zoning Regulations. By her order, KUCHTA ordered the Defendant to remove the three (3) signs on the front and side of the dwelling located on the premises within ten days of the date of her order. Exhibit 5. The Defendant has failed to exhaust her administrative remedies by timely appealing said order. 6. To date, the Defendant has failed and/or willfully failed to comply with KUCHTA's order or appeal said order. 7. KUCHTA brings this action pursuant to Connecticut General Statutes 12. SECOND COUNT: 1-2 Paragraphs 1 and 2 of the FIRST COUNT are hereby incorporated as Paragraphs 1 and 2 of this the SECOND COUNT as if fully set forth herein. 3. On or about July 6, 2011, KUCHTA determined that the Defendant was oocupying and/or allowing the occupancy of the dwelling located on the premises without a Certificate of Occupancy. 4. On or about July 7, 2011, KUCHTA issued an order to the Defendant notifying her that the use and occupancy of the dwelling located on the premises without a Certificate of Occupancy is a violation of 8.5 and 8.9 of the City of Milford Zoning Regulations. A copy of said order is attached as Exhibit A. 5-7 Paragraphs 5 through 7 of the FIRST COUNT are hereby incorporated as Paragraphs 5 through 7 of this the SECOND COUNT as if fully set forth herein. THE PLAINTIFF, KATHLEEN KUCHTA Zoning Enforcement Officer for the City of Milford DEBRA s. KELLY. Her fittomey City Hall - 110 River Street Milford, Connecticut 06460-3390 Tel. 783-3250 Juris 37950 RETURN DATE: NOVEMBER 22, 2011 SUPERIOR COURT KATHLEEN KUCHTA, Zoning JUDICIAL DISTRICT OF Enforcement Officer for the City of Milford ANSONIAIMILFORD AT MILFORD vs. OCTOBER 25, 2011 EILEEN R. ARISIAN CLAIM FOR RELIEF The plaintiff in the above-entitled action claims: 1. A civil penalty of Two thousand five hundred dollars pursuant to Connecticut General Statutes ?8-12. 2. Attomey's fees and costs pursuant to Connecticut General Statutes ?8-12. 3. A permanent injunction enjoining the Defendant from maintaining and allowing the maintenance of the premises in violation of the City of Milford Zoning Regulations and ordering the Defendant to immediately remove the three (3) signs on the front and side of the dwelling located on the premises. 4. A permanent injunction enjoining the Defendant from occupying and/or allowing the occupancy of the dwelling located on the premises in violation of the City of Milford Zoning Regulations and ordering the Defendant to immediately obtain a Certificate of Occupancy. A 4. An order permitting the periodic inspection of the premises by the Plaintiff and/or her agents in order to ensure compliance with the above orders. 5. Such other and further relief as the Court may find appropriate. THE PLAINTIFF, KATHLEEN KUCHTA Zoning Enforcement Officer for the City of Milford BY: I DEBRA s. KELLY, Her iittomey City Hall - 110 River Street Milford, Connecticut 06460-3390 Tel. 783-3250 Juris 37950 RETURN DATE: NOVEMBER 22, 201 1 SUPERIOR COURT KATHLEEN KUCHTA, Zoning JUDICIAL DISTRICT OF Enforcement Officer for the City of Milford ANSONIAIMILFORD AT MILFORD vs. OCTOBER 25, 201 1 EILEEN R. ARISIAN AMOUNT IN DEMAND The amount, legal interest or property in demand, is more than Two Thousand Five Hundred Dollars exclusive of interest and costs. THE PLAINTIFF, KATHLEEN KUCHTA Zoning Enforcement Officer for the City of Milford BY: - DEBRA s. KELLY, Her /(tiorney City Hall - 110 River Street Milford, Connecticut 06460-3390 Tel. 783-3250 Juris 37950 ind at onv/mntinn/Ffiilpfinnfinnafinn acnv'7AnH1='1'71 c..n4 0-1. EFiIeConfirmation Page 1 of I . . -.: {Connecticut Branch Instructions: Additional information about this transaction is provided below. Use the browser's print function to print a copy of this Confinnation. Then. select the "Back to E-Filing Menu' or "Logout". Print I Back to E-Filing Menu Logout Confirmation of E-Filing Docket Number: AAN--CV--1 1--6008312-S Cas?Name: KATHLEEN KUCHTA, ZON V. ARISIAN, EILEEN Type of Transaction: PIeadinglMotion/Other Date Filed: Dec-2-2011 MotionIP|eadIng by: MILFORD CITY ATTORNEY Juris# 037950 Document Filed: AMENDED COMPLAINT Date and Time of Transaction: Friday, December 02. 2011 9:43:49 AM E-File Another Pleading/Motionlother on this Case 1 Page 1 01 Qliug of - Founded I639 - 70 West River Street - Milford. CT 06460-3317 37333245 FAX 201783-3303 Planning and Zoning Te! Zgl/ebsine: D'"'id Board E-mail: planning@ci.milford.cr.us CW Plafincr July 7, 2011 Ms. Eileen R. Arisian 2 Orland Street Milford. CT 06460 Re: 2 Orland Street, corner of Bayshore Drive, Milford, CT Dear Ms. Arisian house or for pennit #4965 for a new two story addition for kitchen, laundry room and new wrap around deck on three sides of the residence 13' plus 5' 38' plus 5'x 25' deck). Therefore. this property has been found to be in violation of the following sections of the City of Milford Zoning Regulations: Section 5.3.1 General Procedure sign, shall be erected or structurally altered unless an application for a zoning permit has been approved by the Zoning Enforcement Officer. (3) protect the public health, safety. and welfare; (4) reduce traffic and pedestrian hazards; (5) protect property values by minimizing the possible adverse effects and visual blight caused by temporary signs; (6) promote economic development; and (7) ensure the fair and consistent enforwment of the temporary sign regulations specified below. ge?fction 5.3.4 Signs Allowable in Residential, Residential-Multiple Family. Residential - ice. EXHIBIT 5.3.4.1 One non-illuminated or indirectly illuminated identification sign for each separate street line not to exceed 9 square feet in area nor 8 feet in height; and further limited as follows: said sign shall be located not less than 10 feet from the front property line; the height of such sign shall not be greater than the distance it is located from any lot line. Noncommercial speech may be placed on any sign pennitted by this portion of the Regulations. Section 8.3 APPLICATION FOR ZONING PERMIT for a zoning permit shalt be submitted to the Zoning Enforcement Officer Section 8.9 CERTIFICATES OF OCCUPANCY No land shall be used except for fanning or gardening purposes, and no building or Therefore, in accordance with Section 8.13 VIOLATIONS AND PENALTIES you have been found to be in violation of Sections 5.3.1, 5.3.3.1, 5.3.4, 5.3.4.1, 8.3, 8.5 and 8.9 of the City of Milford Zoning Regulations. 'rs; are hereby ordered to remove the signs within ten (10) days of the date of this order and refrain from allowing any prohibited signage to be erected in the future. In addition you must tum Kathleen Kuchta Zoning Enforcement Officer Cc: Jocelyn Mathiasen City Attorney's Office Tom Raucci - Founded 1639 -- 70 West River Street Milford, CT 06460-3317 Tel 2034833145 FAX 2035783-3303 (R) filing at Qtunnettuut David B. Sulkis, A.I.C.P. Planning and Zoning Website: . Board E-mail: CW Planner July 7, 2011 Ms. Eileen R. Arisian 2 Orland Street Milford. CT 06460 Re: 2 Orland sheet. corner of Bayshore Drive, CT Dear Ms. Arlsian This office has received numerous complaints and after several site inspections, the latest performedon July 6, 2011 revealedthatsignshavebeen erected oneonthefrontofthe residence facing Bayshorebriveand Aflerresearching COforpemrit#12410toelevatethe house or for permit #4965 for a new two story addition for kitchen, laundry room and new wrap arounddeckonthreesides ofthe residence(9'x13' plus5'x38' plus 5'x25'deck). Therefore, this property has been found to be in violation of the following sections of the City of Milford Zoning Regulations: Section 5.3.1 General Procedure sign, shall be erected or structurally altered unless an application for a zoning permit has been approved by the Zoning Enforcement Officer. Section 5.3.3.1 Purpose and Findings: The City of Milford Planning Zoning Board is enacting this Regulation to establish reasonable regulations for the posting of temporary signs on public and private property. The Board finds that temporary signs provide an important medium through which individuals may convey a variety of noncommercial and commercial messages. However, left completely unregulated, temporary signs can become a threat to public safety as a traffic hazard and detriment to property values and the City's overall public welfare as an aesthetic nuisance. By enacting this Regulation the Board intends to: (1) balance the rights of individuals to convey their messages through temporary signs and the right ofthe public to be protected against the unrestricted proliferation of signs; (2) further the objectives of the City's Plan of Conservation and Development: (3) protect the public health, safety. and welfare; (4) reduce traffic and pedestrian hazards; (5) protect property values by minimizing the possible adverse effects and visual blight caused by temporary signs: (6) promote economic development: and (7) ensure the fair and consistent enforcement of the temporary sign regulations specified below. Section 5.3.4 Signs Allowable in Residential, Residential-Multiple Fanily, Residential - Office. EXHIBIT In addition and subject to all other applicable provisions and limitations contained in these regulations, the following signs shall be allowable in One and Two Family Reshdential, Medium Density Multiple-Family Residential, and Residential-Office. 5.3.4.1 One non-illuminated or indirectly illuminated identification sign for each separate street line not to exceed 9 square feet in area nor 8 feet in height; and further limited as follows: said sign shall be located not less than 10 feet from the front property line; the height of such sign shall not be greater than the distance it is located from any lot line. . Noncommercial speech may be placed on any sign pennitted by this portion of the Regulations. Section 8.3 FQR ZQNING Application for a zoning permit shai be submitted to the Zoning Enforcement Officer prior to construction, reconstruction. extension, enlargement, moving or alteration of any building, or other structure and prior to the use or occupancy of any land, building or other Section 8.5 APPROVAL OF FQR ZQNING PERMIT The Zoning Enforcement Officer shall approve an application for a Zoning Permit to allow the construction, reconstruction. extension, enlargement. moving or alteration of any building or other structure andlor to allow the use or occupancy of any land, building or other structure alter he determines that all requirements of these Regulations have been met Section 8.9 CERTIFICATES OF OCCUPANCY No land shall be used except for fanning or gardening purposes. and no building or structure or part thereof hereafter constructed, reconstructed, extended. enlarged, altered, moved. changed or converted, wholly or partly in its use or structure, shall be occupied or used unless a Certificate of Zoning Compliance shall have been issued by the Zoning Enforcement Officer and until a Certificate of Occupancy shall have been issued by the Building inspector Therefore, in accordance with ggtion 8.13 AND PENALTIES you have been found to be in violation of Sections 5.3.1. 5.3.3.1. 5.3.4. 5.3.4.1. 8.3, 8.5 and 8.9 of the City of Milford Zoning Regulations. You are hereby ordered to remove the signs within ten (10) days of the date of this order and refrain from allowing any prohibited signage to be erected in the future. In addition you must tum in as-buflts for the two permits that have not been inspected and have not yet received Certificates of Zoning Compliance or Certificates of Occupancy. Failure to comply will result in this matter being referred to the City Attomey's Office for enforcement proceedings. Va; truly yours, 7 Kathleen Kuchta Zoning Enforcement Officer Cc: Jocelyn Mathiasen City Attomey's Office Tom Raucci