A.
The Town may utilize any one or a combination of the following actions
for enforcement of this chapter:
(1)
A notice of violation, specifying the need for corrective action
if noncompliance with any plan or agreement is identified;
(2)
A stop-work order, if a violation persists;
(3)
Collection of the security if reasonable efforts to correct
the violation have not been undertaken within a reasonable time period;
or
(4)
Municipal infraction citation, civil action or criminal prosecution
may be brought against any person in violation of this chapter.
B.
Any step in the enforcement process may be taken at any time, depending
on the severity of the violation.
A.
Pursuant to the authority provided in the Town Code, violation of
any of the provisions of this chapter is a civil offense and shall
be called a municipal infraction. If, after investigation, a municipal
infraction is believed to exist, the Town shall deliver a citation
or a warning to the property owner and any other person or persons
responsible for the infraction. If the person responsible for the
infraction cannot be located, the Town may post the citation or warning
in a conspicuous place on the property and shall mail a copy of same
by certified mail to the person who obtained the permit, if any, and
to the property owner, which shall constitute notice sufficient for
delivery under this section.
B.
The citation or warning, as provided for in this section, shall be
in writing and shall contain the following:
(1)
The name and address of the person charged (or warned);
(2)
The nature of the violation;
(3)
The location of the violation;
(4)
The date(s) of the violation;
(5)
The amount of the fine assessed (or possible assessment);
(6)
The manner, location, and time in which the fine may be paid
(or violation corrected, if applicable);
(7)
The person's right to stand trial for the violation (if
applicable); and
(8)
A certification by the Town or the Town's agent attesting
to the truth of the matters set forth.
C.
Whenever an alleged or possible municipal infraction comes to the
attention of the Director, the procedure will be as follows:
(1)
The Town will investigate whether an infraction has occurred;
(2)
If the Town determines that an infraction has occurred, a warning
notice will be issued to the person or persons responsible in the
form and manner as outlined in this section, with a time period of
no more than 10 days within which to correct that infraction and to
prevent further infractions;
(3)
If the infraction continues or is allowed to occur after the
time stated in the warning notice, the Town will issue a citation
to the person or persons responsible and/or the property owner in
the form and manner as outlined in this section.
D.
A fine of $1,000 shall be imposed upon any person responsible for
a municipal infraction for each violation. Each day such violation
is permitted to exist shall be considered a separate infraction. All
fines shall be payable within 20 days to the Town and delivered to
the Town.
E.
A person who receives a citation may elect to stand trial for the
offense by filing with the Town a notice of intention to stand trial.
The notice shall be given at least five days before the date of payment
as set forth in the citation. Upon receipt of the notice of intention
to stand trial, the Town shall forward to the District Court of Maryland
for Charles County a copy of the citation and the notice of intention
to stand trial. Upon receipt of the citation, the District Court shall
schedule the case for trial and notify the defendant of the trial
date. All fines, penalties, or forfeitures collected by the District
Court for civil infractions shall be remitted to the Town.
F.
If a person who receives a citation for an infraction fails to pay
the fine by the date of payment set forth on the citation and fails
to file a notice of intention to stand trial, the fine shall be doubled
and the person is liable for the assessed fine. The Town may request
adjudication of the case by the District Court, including the filing
of a demand for judgment on affidavit. The District Court shall schedule
the case for trial and summon the defendant to appear. The defendant's
failure to appear to such summons shall result in the entry of judgment
against the defendant in favor of the Town in the amount then due
if a proper demand for judgment on affidavit has been made.
G.
Adjudication of an infraction under this section is not a criminal
conviction, nor does it impose any of the civil disabilities ordinarily
imposed by a criminal conviction.
H.
In a proceeding before the District Court, the violation shall be
prosecuted in the same manner and to the same extent as set forth
for municipal infractions in the Local Government Article of the Annotated
Code of Maryland, Title 6.
I.
If a person is found by the District Court to have committed a municipal
infraction, the person shall be liable for the costs of the proceedings
in the District Court; and the Court may permit the Town to abate
any such condition at the person's expense, the same as provided
in the Local Government Article of the Annotated Code of Maryland,
Title 6.
J.
Depending on the circumstances of each case and after consultation
with the Town Attorney, the Town has the discretionary authority to
reduce or suspend all or a portion of the fine assessed under this
article.
K.
Nothing contained in this section shall prohibit or prevent the Town
from seeking other legal remedies, such as injunctions or criminal
prosecution.
Any person convicted in a criminal prosecution of violating
the provisions of this chapter shall be guilty of a misdemeanor, and
upon conviction thereof, shall be subject to a fine of not more than
$1,000 or imprisonment not exceeding one year, or both, for each violation,
with costs imposed in the discretion of the court and not to exceed
$50,000. Each day that a violation continues shall be a separate offense.
In addition, the Town 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.
