The Planning Director is hereby authorized and directed to enforce the provisions of this Chapter 14:1. The Planning Director, the Deputy Planning Director, the Zoning Administrator and any employees of the Department designated by any one of them are authorized to enter upon open land in Queen Anne's County for such purposes.
A.Â
When authorized. The Planning Commission, the Board of Appeals, or the Planning Director may at any time request that any information necessary to any determination to be made under any provision of this Chapter 14:1 be submitted under affidavit.
B.Â
Form. The affidavit shall be in writing and signed
by the owner or other person from whom the affidavit is requested.
The affidavit shall contain a written certificate, bearing the signature
and official seal of a notary public or other person authorized to
administer oaths, that the affiant has personally appeared and stated
under the penalties of perjury that the statements contained in the
affidavit are true to the best of the affiant's knowledge, information
and belief.
C.Â
Use. The affidavit shall be considered with all other
evidence of the matter to which it relates and be a permanent part
of that record.
A.Â
Application. This section applies to any case in which:
(1)Â
Any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or any development or
development activity maintained;
(2)Â
Any building, structure, sign, or land is used in violation of this Chapter 14:1 or any amendment or supplement thereto; or
(3)Â
Destruction or disturbance of a habitat protection
area as defined herein.
B.Â
Remedies. Upon the occurrence of an event referred to in Subsection A of this section, the County Commissioners of Queen Anne's County, the Planning Commission or the Planning Director, in addition to other remedies, may institute any appropriate action or proceeding to:
(1)Â
Prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, activity, or use;
(2)Â
Restrain, correct, or abate the violation;
(3)Â
Prevent the occupancy of the building, structure,
or land; or
(4)Â
Prevent any illegal act, conduct, business, activity,
or use in or about such premises.
A.Â
Civil penalties. A person who commits or assists in the commission of any act enumerated in any subsection of this section is guilty of a civil violation of this Chapter 14:1 and subject to an original preset fine, not to exceed $500, as set forth in that section. Each day on which the violation continues constitutes a separate violation.
B.Â
Additional penalties. A person who does not pay the original preset fine within the time specified in the original citation issued in accordance with § 14:1-101 of this article, fails to file a timely notice of intention to stand trial and does not pay the original preset fine within 15 days from the date of formal notice of the violation shall pay an additional fine equal to twice the amount of the original preset fine.
C.Â
Enumeration of violations. An act or conduct referred to in any paragraph of this subsection is a civil violation of this Chapter 14:1:
(1)Â
An act for which project approval is required, which is done without having made application for such approval as required by this Chapter 14:1: $500.
(2)Â
An act for which project approval is required, which is done after such approval has been issued but has expired by the terms of this Chapter 14:1: $100.
(3)Â
An act done on a lot with respect to which project
approval has been issued, which violates or exceeds the authority
conferred by that approval: $500.
(4)Â
An act which violates any express covenant or condition of any project approval given by the Planning Commission, the Board of Appeals, or the Planning Director under this Chapter 14:1: $500.
(5)Â
An act which constitutes the changing, moving, enlarging, expanding, extending, or modifying of any use, activity, or structure in a manner not authorized by this Chapter 14:1: $250.
(6)Â
Any use, development, or development activity maintained within the critical area or land disturbance, clearing of natural vegetation, or grading within the critical area which is prohibited by the provisions of this Chapter 14:1: $500.
(7)Â
Failure to complete any required improvements,
habitat protection, reforestation, afforestation, or enhancement measure
within the time prescribed by the plans for such improvements or measures:
$500.
A.Â
Manner of collection. The procedure for the issuance
of citations, collection of fines and trial with respect to disputed
or unsatisfied citations shall be that prescribed in § 7.01
of Article 66B of the Annotated Code of Maryland, as amended from
time to time.
B.Â
Duty of local officials. For purposes of this Chapter 14:1:
(1)Â
The Planning Director, the Deputy Planning Director, the Zoning Administrator, or an employee of the Department of Planning and Zoning designated by any one of them has the authority to issue an original citation and deliver it to a person believed to be committing a civil violation of this Chapter 14:1 and is hereby declared to be the official with the duty of enforcing this Chapter 14:1 for that purpose. A copy of each original citation shall be given to the County Commissioners and the County Finance Director.
(2)Â
The County Finance Director has the duty to enforce this Chapter 14:1, and is hereby declared to be the zoning official with the duty of enforcing this Chapter 14:1, with respect to receiving and filing a copy of each original citation and any fines or notices of intention to stand trial; mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and notifying the District Court of any notice of intention to stand trial or any request for adjudication when a fine is not paid after the Finance Director has given formal notice thereof.
C.Â
Court appearances. The person who issued the initial
citation and any other members of the Department of Planning and Zoning
so directed by the Planning Director shall appear and testify in any
trial held with respect to the citation in the District Court.
D.Â
County Attorney. The County Attorney is authorized
to prosecute any civil zoning violation.
A.Â
Penalties for violation. A person who commits or assists
in the commission of any unlawful act referred to in this section
is guilty of a misdemeanor and subject to a fine of not less than
$100 nor more than $500 or to imprisonment for not more than 90 days,
or to both fine and imprisonment. Each day on which the violation
continues constitutes a separate offense.
B.Â
Definitions. As used in this section, "authority"
includes the Planning Commission, the Planning Director, the Deputy
Planning Director, the Zoning Administrator, and any other employee
of the Department of Planning and Zoning, and "writing" includes plats
and other nontextual writing.
C.Â
Unlawful act. The conduct described in any paragraph
of this subsection is an unlawful act referred to in this section.
(1)Â
Making any materially false writing in an application for any project approval required by this Chapter 14:1.
(2)Â
With respect to any other application or procedure required or authorized by this Chapter 14:1, making any materially false writing which the person knows or should reasonably believe will form a significant part of the basis for a decision required to be made by an approving authority under this Chapter 14:1.
(3)Â
Submitting to an approving authority, with respect to any determination to be made under this Chapter 14:1, any writing which the person knows or should reasonably believe is a false or incomplete representation of any action taken by any other zoning authority.
(4)Â
Submitting to an approving authority, with respect to any determination to be made under this Chapter 14:1, any writing which the person knows or should reasonably believe is a false or incomplete representation of the action or findings of any governmental agency whose review or approval is a prerequisite to any action by an approving authority under this Chapter 14:1.
(7)Â
Making any willfully false statement with respect to any guarantee required by this Chapter 14:1 or any release of any such guarantee.
(8)Â
Willfully providing any false or incorrect information to an approving authority in connection with a determination of whether any use is a nonconforming use as defined in this Chapter 14:1.
(9)Â
Willfully allowing any use, development, development activity, or land disturbance not authorized or permitted by this Chapter 14:1 to continue for a period of more than 30 days after written notification by the Planning Director that such is a violation of this Chapter 14:1. For purposes of this subsection a "use, development or development activity not authorized or permitted by this Chapter 14:1" includes any use, development or development activity which might also constitute a civil violation, other than a civil violation which has not been adjudicated in the District Court after the issuance of a citation and timely notice of intention to stand trial; and a person "allows any use" if that person has the power or authority to prohibit such use.
(10)Â
Willfully using any property for any purpose or in any manner which could not be authorized by a project approval and has not been authorized by variance in accordance with the provisions of this Chapter 14:1.
(11)Â
Willfully misrepresenting to an approving authority the boundaries of any lot or the location of any existing or proposed structure, or any other physical characteristics of any land or structure which this Chapter 14:1 requires to be represented or disclosed. Proof of such misrepresentation must include a nonverbal act, such as the submission of a plat or drawing or the exhibition of staking or other physical representation of the location of existing or proposed characteristics.
It is expressly provided that if any property
owner, developer, or any other person interested therein is dissatisfied
with any final ruling of any County official, elected or appointed,
board, or commission as to the interpretation or application of the
terms and conditions herein provided the person may appeal to the
Circuit Court for Queen Anne's County, Maryland, provided said appeal
is taken within 30 days after the final decision has been rendered.
In the event it be judicially determined that any word, phrase, clause, sentence, paragraph, section, or part in or of this Chapter 14:1, or the application thereof to any person or circumstances, is invalid, the remaining provisions and the applications of such provisions to other persons or circumstances shall not be affected thereby, it being hereby declared that the remaining provisions of this Chapter 14:1 without the word, phrase, clause, sentence, paragraph, section, or part in or of this Chapter 14:1, or the application thereof, so held invalid would have been adopted and approved.
This Chapter 14:1 shall become effective 45 days after passage. Any subdivision plat, site plan or other development action that has received preliminary approval prior to the passage of this Chapter 14:1 shall be subject to the conditions effective at the time of its original approval and for a period of one year from that date. All other subdivision plats, site plans, or other project approval requests submitted after the passage of this Chapter 14:1 shall conform in all respects to the provisions of this Chapter 14:1.
