Calvert County, MD Enforcement

A violation of this chapter shall be enforced in the same manner and to the same extent as provided for municipal infractions under §§ 6-108 through 6-115 of the Local Government Article of the Annotated Code of Maryland.

A person is in violation of this chapter and is liable for the sanctions in this article if the person:

(1)

Violates any of the provisions of this chapter.

(2)

Fails to comply with any of the requirements thereof, or who improves any road in violation of any plan submitted or permits issued.

(3)

Exceeds the scope of, or is not in compliance with, any permit issued.

Notification; correction. The Department shall give notice of a violation of this chapter which shall:

(1)

Be in writing.

(2)

State the nature of the noncompliance.

(3)

Set forth the nature of the corrections required.

(4)

Set forth the time within which the corrections shall be made.

(5)

Be sent to the permittee/or the person charged and surety by:

(a)

Certified mail, restricted delivery, to the last known address; or.

(b)

Personal hand-delivery.

(c)

If certified mail is returned by the postal service marked "unclaimed," then by first-class mail, postage prepaid, to the last known address.

Stop-work notice or citation.

(1)

The Department shall issue a stop-work notice or citation to:

(a)

A permittee who does not act on a notice of noncompliance issued pursuant to this chapter within the time set forth in said notice.

(b)

Any person who undertakes work without first obtaining a permit.

(c)

Any person who is performing any work which is creating unsafe conditions as determined by the representative of the Department.

(2)

The Department shall attempt to deliver the stop-work notice and/or a citation to the permittee, the person actually performing the work, or the owner of the property, as appropriate, by any means reasonably calculated to be effective delivery.

(3)

Once the stop-work notice and/or citation is delivered, no further work shall be permitted on the site other than as necessary to correct the noncompliance.

Civil citation and fines.

(1)

On verification of a violation of this chapter, a Department inspector may issue a civil citation to the person, including a contractor, deemed responsible for committing the violation. The citation shall serve as a notification to the person charged that he/she has been assessed a civil fine that is due and payable to Calvert County, subject to the person's right to stand trial.

(2)

The citation shall be on a form approved by the Board, which shall include:

(a)

The date of issuance of the citation;

(b)

The Department's inspector's certification:

[1]

Attesting to the truth of the matter set forth in the citation; or

[2]

That the citation is based on an affidavit.

(c)

The name and the address of the person charged;

(d)

The section number of the ordinance that has been violated;

(e)

The nature of the violation;

(f)

The place where and time when the violation occurred;

(g)

The amount of the civil fine assessed;

(h)

The manner, location and time period in which the fine is to be paid;

(i)

Where applicable, the notice that each day of continued violation thereafter shall be deemed a separate violation subject to additional citation;

(j)

The name, business address and telephone number of the County official cognizant of the case;

(k)

The person's right to elect to stand trial for the violation, and instructions and timing necessary to exercise the right to stand trial; and

(l)

The effect of failing to pay the assessed fine or demand a trial within the prescribed time.

(3)

The citation is to be delivered in hand or by certified mail, restricted delivery, to the last known address. If certified mail is returned by the postal service marked "unclaimed," then by first-class mail, postage prepaid, to the last known address.

(4)

Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed in this section.

(5)

The fine for each civil violation of this chapter is:

(a)

$250 for the first violation.

(b)

$500 for the second violation.

(c)

$750 for the third violation.

(d)

$1,000 for each violation in excess of three.

(6)

Any civil penalties recovered under this section shall be deposited into the Calvert County General Fund.

(7)

Subject to the person's right to stand trial, any person or contractor who violates any provision of this chapter and who is issued a citation under this section shall:

(a)

Be deemed to have committed a civil violation.

(b)

Pay to Calvert County a civil fine in the amount prescribed.

(8)

Election to stand trial.

(a)

Upon receipt of the citation:

[1]

A person who receives a citation may elect to stand trial for the violation in the District Court of Maryland by filing with the Department a notice of intention to stand trial.

[2]

The notice shall be filed with the Department at least five days before the last date on which payment of the fine is due as set forth in the citation.

(b)

On receipt of the notice of intention to stand trial, the Department shall cause to be forwarded to the County Attorney a copy of the citation and the notice of intention to stand trial.

(9)

Failure to pay fine.

(a)

If a person who received a citation for a violation fails to pay the fine by the date of payment set forth in the citation and fails to file a timely notice of intention to stand trial, a formal notice of the violation shall be sent to the person's last address, if known.

(b)

If the citation is not satisfied within 20 days from the date of the notice, the person is liable for an additional fine not to exceed twice the original fine or $1,000, and if, after 35 days, the citation is not satisfied, the County may request adjudication of the case through the District Court.

(c)

The District Court shall schedule the case for trial and summon the defendant to appear.

(d)

The defendant's failure to respond to such summons shall result in the entry of judgment against the defendant in favor of the Board in the amount then due if a proper demand for judgment on affidavit has been made.

(10)

If the Board abates a violation pursuant to an order of the District Court, the Board shall present the defendant with a bill for the cost of abatement by:

(a)

Regular mail to the defendant's last known address.

(b)

Any other means that are reasonably calculated to bring the bill to the defendant's attention.

(11)

Any fines, penalties, or forfeitures collected by the District Court for the Board shall be remitted the Board.

Forfeiture of security.

(1)

If the Department deems it necessary to obtain forfeiture of any security posted pursuant to this chapter for any noncompliance with a permit or approved plans, a notice of noncompliance shall be sent to the permittee and the surety.

(2)

The notice shall:

(a)

Be in writing.

(b)

State the nature of the noncompliance.

(c)

Set forth the nature of the corrections required.

(d)

Set forth the time in which the corrections shall be made.

(e)

Be sent to the permittee and surety by:

[1]

Certified mail, restricted delivery, to the last known addressor.

[2]

Personal hand-delivery.

[3]

If certified mail is returned by the postal service marked "unclaimed," then by first-class mail, postage prepaid, to the last known address.

(3)

If the corrections required by the notice are not commenced and diligently pursued within five days of notice and continued thereafter:

(a)

The permittee shall be considered in default of the obligations imposed by this chapter.

(b)

The Director may take immediate action to obtain the necessary security posted.

Cost of control and restoration.

(1)

If a person who has been found to be in violation of this article fails to take the corrective action required, the County may perform the work necessary to correct the violation on the property as set forth in Subsection D(10) of this section. If the County is required to correct the violation on the property, then the person who has been issued the civil citation, in addition to any other sanction under this article, shall be liable for any and all costs associated with the County performing, or causing to be performed, the work in accordance with an approved plan and/or County construction standards.

(2)

Calvert County may bring a civil action in the appropriate court of law against the person found to be in violation of this chapter. The purpose of the civil action is to recover the cost set forth in Subsection F(1).