The Critical Area provisions of this chapter, in accordance with the Critical Area Act[1] and criteria supersede any inconsistent law, chapter or plan of the City of Crisfield. In the case of conflicting provisions, the stricter provisions shall apply.
[1]
Editor's Note: See the Natural Resources Article of the Annotated Code of Maryland, §§ 8-1801 through 8-1817.
A. 
No person shall violate any provision of this chapter. Each violation that occurs and each calendar day that a violation continues shall be a separate offense subject to separate fines, orders, sanctions or other penalties.
B. 
Each person who violates the provisions of this chapter shall be subject to separate administrative civil penalties, abatement and restoration orders, and mitigation for each offense.
C. 
Noncompliance with any permit or order issued by the City of Crisfield related to the Critical Area shall be a violation of this chapter and shall be enforced as provided herein.
The following persons may each be held jointly or severally responsible for a violation: (1) persons who apply for or obtain any permit or approval, (2) contractors, (3) subcontractors, (4) property owners, (5) managing agents, or (6) any person who has committed, assisted, or participated in the violation.
In the case of violations of this chapter, Crisfield shall take enforcement action, including:
A. 
Assess administrative civil penalties as necessary to cover the costs associated with performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans.
B. 
Issue abatement, restoration, and mitigation orders as necessary to:
(1) 
Stop unauthorized activity.
(2) 
Restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits.
C. 
Require the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation.
A. 
A restoration or mitigation order shall specify the amount of appropriate restoration and mitigation as necessary to offset the adverse impacts to the Critical Area resulting from the violation, consistent with all other requirements of this chapter.
B. 
For restoration or mitigation that exceeds 1,000 square feet or involves expenses exceeding $1,000, the City of Crisfield shall collect a bond or other financial security.
C. 
If restoration or mitigation involves planting, a bond shall be held for at least two years after the date the plantings were installed to ensure plant survival.
D. 
A property owner may request Crisfield to schedule inspections as necessary to ensure compliance and the return of the bond or other financial security.
Except as otherwise authorized and in accordance with the procedures specified herein, the Crisfield Mayor and Council or their designee may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if Crisfield has probable cause to believe that a violation of this chapter has occurred, is occurring, or will occur. Crisfield shall make a reasonable effort to contact a property owner before obtaining access to or entering the property. If entry is denied, Crisfield may seek an injunction to enter the property to pursue an enforcement action.
In addition to any other penalty applicable under state or Crisfield law, every violation of a provision of Natural Resources Article of the Annotated Code of Maryland, Title 8, Subtitle 18, and/or the Critical Area provisions of this chapter shall be punishable by a civil penalty of up to $10,000 per calendar day.
A. 
Before imposing any civil penalty, the person(s) believed to have violated this chapter shall receive written notice of the alleged violation(s), including which, if any, are continuing violations, and an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil penalty, Crisfield shall consider:
(1) 
The gravity of the violation;
(2) 
The presence or absence of good faith of the violator;
(3) 
Any willfulness or negligence involved in the violation, including a history of prior violations;
(4) 
The environmental impact of the violation; and
(5) 
The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to Crisfield for performing, supervising, or rendering assistance to the restoration and mitigation.
B. 
Administrative civil penalties for continuing violations shall accrue for each violation, every day each violation continues, with no requirements for additional assessments, notice, or hearings for each separate offense. The total amount payable for continuing violations shall be the amount assessed per day for each violation multiplied by the number of days that each violation has continued.
C. 
The person responsible for any continuing violation shall promptly provide Crisfield with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for Crisfield's inspection to verify compliance. Administrative civil penalties for continuing violations continue to accrue as set forth herein until Crisfield receives such written notice and verifies compliance by inspection or otherwise.
D. 
Assessment and payment of administrative civil penalties shall be in addition to and not in substitution for recovery by Crisfield of all damages, costs, and other expenses caused by the violation.
E. 
Payment of all administrative civil penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this chapter.
The remedies available to Crisfield under this chapter are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others.
Crisfield may not issue any permit, approval, variance, or special exception that is subject to the violation unless the person seeking the permit has:
A. 
Fully paid all administrative, civil, or criminal penalties as set forth in § 113-52 above;
B. 
Prepared a restoration or mitigation plan, approved by Crisfield, to abate impacts to water quality or natural resources as a result of the violation;
C. 
Perform the abatement measures in the approved plan in accordance with the Crisfield regulations; and
D. 
Unless an extension of time is approved by Crisfield because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed.
An appeal to the Board of Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by Crisfield in connection with the administration and enforcement of this chapter.
A. 
An appeal is taken by filing a written notice of appeal with the Board of Appeals in accordance with the provisions in the Crisfield Zoning Ordinance and accompanied by the appropriate filing fee.
B. 
An appeal must be filed within 30 days after the date of the decision or order being appealed.
C. 
An appeal stays all actions by Crisfield seeking enforcement or compliance with the order or decisions being appealed, unless Crisfield certifies to the Board of Appeals that (because of facts stated in the certification) such stay will cause imminent peril to life or property. In such a case, action by Crisfield shall not be stayed except by order of the Board of Appeals or a court on application of the party seeking the stay.
D. 
Application for a variance pursuant to a violation constitutes a waiver of the right to appeal any order, requirement, decision or determination related to the violation and its final adjudication, including the payment of any penalties and costs assessed.
A. 
The City of Crisfield is authorized to pursue violations in Circuit Court or District Court in accordance with the Natural Resources Article of the Annotated Code of Maryland, § 8-1815(a)(2).
B. 
The City of Crisfield is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this chapter, an administrative order, a permit, a decision, or other imposed condition. The pendency of an appeal to the Board of Appeals or subsequent judicial review shall not prevent the City of Crisfield from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review.