Any person aggrieved by the action of any official charged with
the enforcement of this chapter, as the result of the disapproval
of a properly filed application for a permit or issuance of a written
notice of violation, shall have the right to appeal the action to
the Board of Appeals. The appeal shall be filed in writing within
30 days of the date of official transmittal of the final decision
or determination to the applicant, state clearly the grounds on which
the appeal is based, and be processed in the manner prescribed for
hearing administrative appeals under the Board of Appeals' Rules of
Procedure.
If any portion of this chapter is held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall not affect
the validity of the remaining portions of this chapter. It is the
intent of Wicomico County that this chapter shall stand, even if a
section, subsection, sentence, clause, phrase, or portion may be found
invalid.
Any person convicted of violating the provisions of this chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be subject to a fine of not more than $1,000 or imprisonment not exceeding
one year, or both, for each violation, with costs imposed in the discretion
of the court and not to exceed $50,000. The Director of the Department
of Public Works or his designee is hereby authorized to issue citations
for civil infractions of this chapter. Each day that a violation continues
shall be a separate offense. In addition, Wicomico County may institute
injunctive, mandamus or other appropriate action or proceedings of
law to correct violations of this chapter. Any court of competent
jurisdiction shall have the right to issue temporary or permanent
restraining orders, injunctions or mandamus, or other appropriate
forms of relief.
