The Critical Area provisions of this chapter, in accordance
with the Critical Area Act and Criteria, supersede any inconsistent
law, ordinance or plan of the Town of Federalsburg. In the case of
conflicting provisions, the stricter provisions shall apply.
The following persons may each be held jointly or severally
responsible for a violation:
A. Persons
who apply for or obtain any permit or approval;
F. Any person
who has committed, assisted, or participated in the violation.
In the case of violations of this chapter, Federalsburg 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; and
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.
Except as otherwise authorized and in accordance with the procedures
specified herein, the Town's 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 Federalsburg has probable
cause to believe that a violation of this chapter has occurred, is
occurring, or will occur. Federalsburg shall make a reasonable effort
to contact a property owner before obtaining access to or entering
the property. If entry is denied, Federalsburg may seek an administrative
search warrant.
In addition to any other penalty applicable under state or Federalsburg
law, every violation of a provision of Natural Resources Article,
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, Federalsburg 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
Federalsburg 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 Federalsburg with written notice of the date(s) the violation
has been or will be brought into compliance and the date(s) for Federalsburg's
inspection to verify compliance. Administrative civil penalties for
continuing violations continue to accrue as set forth herein until
Federalsburg 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 Federalsburg
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 Federalsburg under this chapter are
cumulative and not alternative or exclusive, and the decision to pursue
one remedy does not preclude pursuit of others.
Federalsburg 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.
A. The pendency of an appeal to the Board of Appeals or subsequent judicial
review shall not prevent Federalsburg 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.
Federalsburg may accept an application for a variance regarding
a parcel or lot that is subject to a current violation of this subtitle
or any provisions of an order, permit, plan, or this chapter in accordance
with the variance provisions of this chapter. However, the application
shall not be reviewed, nor shall a final decision be made until all
abatement, restoration, and mitigation measures have been implemented
and inspected by the Town of Federalsburg.
Federalsburg may not issue any permit, approval, variance, or
special exception, unless the person seeking the permit has:
A. Fully paid all administrative, civil, or criminal penalties as set forth in §
45-62 above;
B. Prepared a restoration or mitigation plan, approved by Federalsburg,
to abate impacts to water quality or natural resources as a result
of the violation;
C. Performed the abatement measures in the approved plan in accordance
with the Federalsburg regulations; and
D. Unless an extension of time is approved by Federalsburg 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
Federalsburg 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 Federalsburg
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 Federalsburg seeking enforcement or
compliance with the order or decisions being appealed, unless Federalsburg
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 Federalsburg shall not be stayed
except by order of the Board of Appeals or a court on application
of the party seeking the stay.