A.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge,
change, maintain or use any building or structure or land in violation
of any regulation or provision of this Part 4 or any amendment or
supplement thereto lawfully adopted by the County Commissioners of
Allegany County or fail to comply with any reasonable requirement
imposed by the Board of Appeals.
B.
It shall be the duty of the County to enforce the provisions of this
Part 4 and keep records of all permits, amendments and Board of Appeals
cases.
C.
The County shall have the authority to enter upon and inspect any
property other than enclosed structures when the County has probable
cause to believe a violation of this code has occurred. This authority
includes the right to make a pictorial record of any violation and
to measure the extent of any violation. The County Sheriff shall assist
with this inspection upon request. The Code Official may commence
abatement action or issue a civil citation in lieu of sending a thirty-day
notice in cases where previous violations for the same owner and property
were subject to similar enforcement action.
D.
Additionally, the County may pursue civil fines or penalties to ensure compliance with this Part 4 and may institute injunction, mandamus or other appropriate action or proceedings at law or equity for the enforcement of violations or to correct violations, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief. Any responsible party given proper notice who does not comply within the thirty-day period given shall be subject to the County abating, at the owner's cost, by court order or by administrative hearing provided by the County, the violation and/or be issued a civil citation, and/or criminal summons subject to the County abating, at the owner's cost, pursuant to authority granted by Local Government Article of the Annotated Law of Maryland, § 11-201 et seq., and Local Government Article of the Annotated Code of Maryland, § 13-501 et seq. The following violations are deemed to be civil infractions:
E.
All civil citations shall be processed in accordance with Local Government
Article of the Annotated Code of Maryland § 11-201 et seq.
Each day that a violation exists is considered a separate offense.
Repeat violations for the same offense can result in a fine of up
to $1,000.
F.
A schedule of fines for civil infractions shall be established by
the Allegany County Commissioners from time to time by resolution.
All such fines when paid shall become the property of Allegany County.
G.
Abatement:
(1)
In addition to any other remedy provided for herein, the County
may seek abatement of any violation of this chapter or may contract
for said abatement. Prior to said abatement, the following shall occur:
(a)
Notices provided for in Subsection D shall have been provided to the responsible party, including a notice that abatement may be pursued.
(b)
More than 30 days have transpired since notice was given and
the violations have not been corrected.
(c)
The responsible party has received an additional notice sent
not sooner than 30 days after the original notice advising that abatement
will be pursued and said second notice shall advise that an administrative
hearing may be requested within 10 days of receipt of the second notice.
(d)
More than 10 days have elapsed since receipt of the second notice
and no administrative hearing has been held, or an administrative
hearing has been held and the hearing officer has determined that
abatement is appropriate.
(2)
In the event that abatement is undertaken, the cost of the abatement
shall be at the responsible party's expense. Notice of the expense
shall be provided to the responsible party in writing. If the expense
is not paid to the County within 30 days of the receipt of the notice,
then the amount owed shall be a lien upon the property after filing
of notice in the land records of the Clerk of the Circuit Court for
Allegany County, Maryland.
(3)
The Board of County Commissioners of Allegany County may adopt
policies and procedures for an administrative hearing process prior
to ordering the abatement of a violation of this code.
H.
The County or any citizen may institute an injunction, mandamus,
or other appropriate actions or proceedings at law or equity for the
enforcement of violations or to correct violations, and any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus, or other appropriate
forms of remedy or relief.
A.
Pursuant to § 4-301 of the Land Use Article of the Annotated
Code of Maryland, a Board of Appeals is hereby established by the
County Commissioners.
B.
The County Commissioners shall appoint a Board of Appeals, consisting
of three members and two alternates, each with a term of three years.
Terms are to be staggered so that no more than two terms expire in
any year. Vacancies shall be filled for the unexpired terms of any
member whose term becomes vacant. Members of the Board may receive
such compensation as the County Commissioners deem appropriate. A
Chairman shall be selected annually upon a majority vote of the three
regular members. The County may procure the services of an attorney
to assist the Board of Appeals in its deliberations.
C.
Meetings of the Board of Appeals shall be held at the call of the
Chairman. Such Chairman, Acting Chairman, or attorney appointed by
the Board, may administer oaths and compel the attendance of witnesses.
All meetings of the Board shall be open to the public. The County
shall keep minutes of its proceedings showing the vote of each member
upon each question, or, if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and findings of fact,
all of which shall be immediately filed with the County and shall
be a public record.
D.
Powers and duties.
(1)
The Board of Appeals shall have the following powers and duties:
(a)
To hear and decide appeals where it is alleged that there is
an error in any order, requirement, decision, or determination made
by the Zoning Administrator or any other administrative official in
the enforcement of this code.
(2)
In exercising the above powers, the Board of Appeals may reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination which has been appealed from, to the extent
that such action is consistent with the provisions of this code. The
applicant for a special exception or variance and the appellant in
an appeal shall have the burden of proof (including the burden of
going forward with the evidence and the burden of persuasion) of all
questions of fact.
E.
The Board of Appeals shall hear all appeals for variance within 45
days. All other appeals shall be heard within 60 days of the date
of the appeal application. The Board shall publish notice of the time
and place of the hearing in a newspaper of general circulation in
the County at least 15 days prior to the hearing. The Board will require
the applicant to post the property in question at least five days
prior to the hearing date. The Board will notify, in writing, all
known property owners adjacent to the property in question at least
five days prior to the hearing. Adjacent property owners include those
separated from the property in question by roads, railroads and other
rights-of-way. Property owners are to be identified by use of the
most current Tax Map information.
F.
Board of Appeals hearing procedure:
(1)
Prior to the hearing date, the Board of Appeals members shall
make an inspection of any site where an appeal is pending. This inspection
will include a review of access to the site, setbacks from rights-of-way
and adjacent property lines, setbacks from neighboring residences,
compliance with development standards and related site criteria. This
inspection shall be done in a manner that allows public participation.
(2)
The Board may request information from and consultation with
the County staff about any pending appeal at any site. The Board may
also request information, in writing, from the County Health Department,
County Public Works Department, Soil Conservation District or any
other local or state agency prior to making a decision on any appeal.
(3)
Each appeal will be heard in the following order:
G.
Board of Appeals decisions.
(1)
The Board shall meet in executive session following the conclusion
of the meeting agenda to decide the appeals heard during that meeting.
The public may attend this executive session, but may offer no further
testimony or comment during the executive session.
(2)
When making decisions on each case, the Board shall consider
and set forth its findings of fact, in writing, based on:
(3)
When hearing appeals for special exceptions for extractive industry
permits, the Board shall refer its decision and recommendations to
the appropriate state agency charged with regulating mining activity.
(4)
The Board shall make its decision on any case known, in writing,
to the applicant and adjacent property owners within 30 days after
the hearing date.
(5)
Any condition which the Board of Appeals attaches to an approved
application will remain in force for the applicant and any successor.
H.
An appeal from any final order or decision of the Zoning Administrator
may be taken to the Board of Appeals by any person aggrieved. An appeal
is taken by filing with the Zoning Administrator a written notice
of appeal specifying the grounds therefor. A notice of appeal shall
be considered filed with the Zoning Administrator when delivered to
the Office of Land Development Services and when the application fee
is paid. The date and time of filing shall be entered on the notice
by the Zoning Administrator or other staff members.
I.
An appeal must be filed within 15 days after the date of the Zoning
Administrator's decision or action.
J.
Whenever an appeal is filed, the Zoning Administrator shall forthwith
transmit to the Board of Appeals all the papers constituting the record
relating to the action appealed from.
K.
Any person or persons or any taxpayer or any officer, department,
board, bureau or commission jointly or severally aggrieved by a decision
of the Board of Appeals may appeal the same to the Circuit Court of
Allegany County within 30 days of the notification of the decision.
L.
The Board of Appeals shall have the power to participate as a party
in any appeal of its decision before the Circuit Court of Allegany
County.
