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:
(1) 
Building or grading without a permit.
(2) 
Change in use without a permit.
(3) 
Commercial occupancies without a permit.
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.
(b) 
To hear and decide special exceptions, as provided in Article XV, Permissible Uses.
(c) 
To authorize, upon application, a variance from the provisions of this code, as provided in § 360-141 herein.
(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:
(a) 
Witnesses will be sworn in.
(b) 
The County will present the appeal case and all pertinent documents.
(c) 
The applicant or his agent will present his case.
(d) 
Proponents may speak.
(e) 
Opponents may speak.
(f) 
Rebuttal testimony may be made by the applicant or his agent following Subsection F(3)(e).
(g) 
Board members may question any applicant or witness during their testimony.
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:
(a) 
Its findings made during field inspections.
(b) 
Information gathered by the County.
(c) 
Information provided by other agencies.
(d) 
Information provided by the applicant or his agent. In all cases, it is the applicant's responsibility to show that the project meets:
[1] 
The requirements of this Part 4.
[2] 
Other agency requirements.
(e) 
Information provided by witnesses present at the hearing.
(f) 
The standards and criteria set forth in this Part 4.
(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.