[Adopted 11-2-1965 by Res. No. 23[1]]
[1]
Editor's Note: The preamble to this resolution
read as follows:
"WHEREAS, property owners and/or contractors
and public utility companies have been entering the right-of-way of
the public roads owned by Wicomico County, Maryland, and placing pipes,
wires, gas mains or lines, irrigation pipes, driveway improvements,
curbs, gutters and sidewalks thereon which have caused a blocking
of stormwater drainage along said County right-of-way, and otherwise
damaging said right-of-way; and
"WHEREAS, said Wicomico County, Maryland deems
it necessary for the health, safety, and general welfare of the citizens
of said County to control such works along and under said County right-of-way.
"THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL
OF WICOMICO COUNTY, MARYLAND, That..."
Any property owner, contractor or public utility
using the public right-of-way for the purpose of laying pipes, wires,
gas mains or lines, irrigation pipes, driveway improvements, curbs,
gutters or sidewalks shall first obtain a permit from the Department
of Public Works of said county before beginning any such work.
The applicant for said permit shall first file
with said Department a written application showing the property line,
the county road lines, the type and the exact location of work to
be done on said right-of-way.
The Department of Public Works, in issuing said
permit, shall place such reasonable conditions and restrictions thereon
so as to ensure the proper drainage along said county right-of-way
and that, when said work is completed, said county right-of-way shall
be in the same condition as before the work was started, all of said
work to be done at the expense of the owner, contractor or public
utility.
[Added 5-3-2011 by Bill No. 2011-03]
The placement of mailboxes and other objects in Wicomico County
rights-of-way, the standards of mailboxes allowed in Wicomico County
and the repair of any damage shall be made in accordance with the
mailbox and incidental damage policy of the Department of Public Works
as established by the County Executive and approved by the County
Council.
[Added 12-18-2012 by Bill No. 2012-14]
A.
Drain pipe installations or modifications of drainage systems located
on or within County rights-of-way or easements shall be in accordance
with the pipe installation policy of the Department of Public Works
as established by the County Executive and approved by the County
Council of Wicomico County, Maryland, from time to time.
B.
Any person who desires to erect, construct, reconstruct, extend,
alter, repair, change or modify the drainage systems located on or
within County rights-of-way or easements shall first make application
to the Department of Public Works and obtain a permit therefor.
[Added 12-18-2012 by Bill No. 2012-14]
Any person who violates this article is guilty of a civil infraction.
Each day on which a violation of this article continues shall constitute
a separate offense. The Director of the Department of Public Works
or his designee is hereby authorized to issue citations for civil
infractions of this article. A person receiving a citation must correct
the violation as well as pay a fine of $100 for the first violation
and a fine of not less than $100 and not more than $1,000 for each
subsequent violation. 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.
