Town of Forest Heights, MD Streets and Sidewalks

It shall be unlawful for any person or persons to throw, deposit, or allow to be deposited upon any street, gutter, walkways, Town property or play area, any leaves, grass clippings, yard waste, tree trimmings, branches, glass bottles, glass, plastic bottles, nails, wire, cans, dirt, building materials, pollutants, tires, furniture, appliances, motor vehicle parts or any other type of debris.

The owner or person or persons responsible for any real property shall remove and properly dispose of litter and debris. Improper disposal of litter and debris that results in litter or debris flowing or otherwise being carried into storm drainage system shall be punishable as stated herein.

Section 19.2 Placing unlawful obstructions in the public way.

It shall be unlawful for any person or persons to encumber, obstruct or in any manner interfere with the free and uninterrupted use of the public streets or alleys of the Town by leaving goods, wares, or building materials thereon.

Section 19.3 Person obstructing a public way.

No person or persons shall be found loitering, playing, standing, hawking, working, or in any other manner obstructing the full and free use of a public way in the Town, except as expressly authorized by the Mayor and Town Council or the Chief of Police of the Town of Forest Heights.

Section 19.4 Skateboards banned.

No person shall use or ride a skateboard on any street, road; or alley of the Town unless such use is specifically authorized by the Town either by ordinance or a permit issued by the Mayor and Town Council or the Chief of Police of the Town of Forest Heights. A skateboard is defined as a toy or recreational device conventionally consisting of two or more wheels fixed to the underside of a board or similarly shaped molded slat upon which a person may balance himself or herself and ride either by pushing or coasting downhill.

Section 19.5 Permit required.

[Amended 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]

It shall be unlawful for any person, partnership, corporation or contractor to construct or modify any street, curb, gutter, sidewalk, public way, easement, or dedication under the jurisdiction of the Town without first having obtained a permit pursuant to this Article. Said permit shall not be issued until the fee as set pursuant to this Article or by the Town Council has been duly paid to the Town.

Section 19.6 Private maintenance.

Each property owner shall be required to maintain in good repair all portions of driveways on his property and which in turn may be on a public right-of-way. If the Town Council finds that such repairs are not made, it shall notify the owner of the abutting property in writing as to the nature of the corrective action required. If, at the end of 30 days, the property owners involved have not taken corrective action, the Town Council may authorize improvements with the charges therefor being added to the current tax bill.

Section 19.7 Removal of snow from sidewalks.

It shall hereby be the duty and obligation of the owners, tenants or adult occupants of property abutting a sidewalk in a public right-of-way or within an easement held for use by the public to remove the snow from the sidewalk within 48 hours after the snow has fallen. In the case of multiunit buildings, with more than one tenant or occupant, it shall be the duty of the lessor to remove the snow unless he has obligated a tenant who is actually occupying the property to do so. Any adult occupant abutting a sidewalk in a public right-of-way or within an easement held for use by the public, lessor of a multi-unit building or tenant obligated by the lessor who fails to remove the snow from the abutting sidewalk within 48 hours after the snow has fallen shall be guilty of an infraction.

Section 19.8 Penalty.

Except as stated in Subsection B, C or D, a violation of any section of this Article shall be deemed a municipal infraction and any person, upon conviction, shall be fined not more than $100 for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.

[Amended 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]

Any person convicted of violation of Section 19.2, 19.3, or 19.4 shall be fined $10 for each offense. A parent or guardian who knowingly permits a violation by a child or ward shall be fined $10 in addition to the amount of the violation fine.

Any person found in violation of Section 19.5 or 19.20 of this Article shall be cited and prosecuted pursuant to Section 19.20M and any other applicable provisions of Section 19.20.

[Added 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]

Any person found in violation of Section 19.10 and Section 19.11 of this Article shall be cited and prosecuted pursuant to said Sections.

[Added 8-15-2012 by Ord. No. 12-12, effective 9-14-2012; amended 6-19-2013 by Ord. No. 02-13, effective 7-19-2013]

Section 19.9 Unlawful activity on the streets of the Town.

Definitions:

CHILD: Shall mean a person under 18 years of age.

GAME or SPORTS ACTIVITY: Means all games played with a ball including all versions of baseball, basketball, softball, volley ball, football, kick ball, soccer, throw and catch, the throwing of disks or "Frisbees" and all childhood games including but not limited to hopscotch, hide-and-seek and tag.

STREET: Shall mean any road, street or thoroughfare in the Town of Forest Heights used for public vehicular traffic and pedestrian traffic in accordance with the Transportation Article of the Annotated Code of Maryland. It shall not include Private alleys or alleyways.

TOY WHEELED VEHICLES: Shall mean small bicycles with wheels less than 12 inches in diameter, scooters, tricycles, or other small three-wheeled vehicles, wagons, or play vehicles of any kind (excluding wagons used in the delivery of newspapers or other business deliveries in the Town).

It shall be unlawful for any person to participate in any game or sports activity on any street of the Town at any time.

It shall be unlawful for any person to use any toy wheeled vehicles on any street except while crossing a street in accordance the provisions relating to citizens crossing streets contained in the Pedestrian's Rights and Rules in the Transportation Article of the Annotated Code of Maryland.

Any parent, guardian, or other person responsible for taking care of a child who knowingly permits a child under his or her care to violate this Article shall be guilty of an infraction and upon conviction shall be fined not more than $100 for the first such offense. Repeat offenders may be assessed a fine of not to exceed $200.

Section 19.10 Sump pumps, downspouts and other drainage within rights-of-way.

[Added 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]

Definition. "Clear water drainage" for the purpose of this section is defined as stormwater, natural precipitation, ground water, or flow from roof runoff, surface runoff, subsurface drainage, downspouts, eave troughs, rainspouts, yard drains, sump pumps, foundation drains, yard fountains, ponds, cistern overflows or water discharged from any air-conditioning unit or similar system.

Installations. Sump pumps may be installed for the purpose of discharging clear water from foundation drains and ground infiltration. A sump pump shall discharge either underground into an approved infiltration trench, natural swale or onto the ground at least 10 feet from the Town right-of-way or any building and above grade unless a valid permit states otherwise. Any sump pump discharge or other clear water drainage shall not be allowed to flow onto or across a public street, right-of-way or sidewalk under the jurisdiction of the Town, nor shall any sump pump discharge or similar drainage be allowed to accumulate on an adjoining lot. No downspouts from eaves or any other clear water drainage shall be allowed to discharge onto any public street, right-of-way or sidewalk.

Orders to disconnect or reconnect; permit; fees.

(1)

Orders to cease discharge. When ordered by the Town or its authorized agent, a property owner or occupant shall cease to discharge his or her sump pump line onto a Town street, sidewalk or right-of-way and either connect to a Town-installed infiltration trench, swale, drainage system or other feature located within the Town right-of-way or a natural swale located on the owner's property, or otherwise discharge the sump pump line above ground on the owner's private property.

(2)

Permits. Should a property owner wish to connect into an infiltration trench, swale, drainage system or other feature located within the Town right-of-way, the owner or occupant must first obtain a permit from the Town and, unless waived by the Town, provide a detailed drawing of the proposed installation. Prior to backfilling the line, the Code Enforcement Officer or the Town's engineer shall inspect the line for proper installation. The costs of connecting from the building or residence to an infiltration trench, swale, drainage system or other feature located within the Town right-of-way shall be paid by the owner. An infiltration trench, drainage system or other feature designed and installed by the Town shall be paid for by the Town. No permit shall be required if the owner or occupant discharges clear water drainage to a natural swale located wholly on the owner's property, or otherwise discharges the sump pump line or other drainage above ground on the owner's private property such that no clear water drainage shall be allowed to accumulate or flow onto any other owner's property including the Town right-of-way.

(3)

Fees. Unless the fee is waived for a discharge within the right-of-way that pre-existed the effective date of this section, the Town may charge a permit fee of $25 for any application made under this section. The Council may modify said fee by resolution passed from time to time.

Waivers. The strict requirements of this section including any deadline or fee required by this section may be exempted, waived or otherwise modified by the Council for any discharge existing prior to the effective date of this section.

Permit applications. A written request for a permit to discharge clear water drainage into a Town-designed infiltration trench, swale, drainage system or other feature located within the Town right-of-way shall demonstrate that the owner's or occupant's existing discharge point produces a significant volume of water during dry periods (i.e., not within 24 hours of measurable rainfall) or some other related condition unique to the property that would present a practical difficulty or undue hardship in complying with this section. Said documentation shall further include:

(1)

Photographs of the discharge. Photographs must be time stamped and must not be taken within 24 hours of rainfall;

(2)

For sump pump permit applications, provide the capacity of any sump pumps, how often the pump runs during dry periods, and an explanation of the nature of the discharge and why it is not feasible for water to be detained on the subject property;

(3)

For roof drain permit applications, provide an explanation of why it is not feasible to discharge onto the owner's own lawn or to install a rain barrel;

(4)

For all other applications, provide a detailed explanation of the nature of the discharge and why it is not feasible for water to be detained on the subject property;

(5)

Any prior permissions or permits issued for the existing or prior discharge; and

(6)

Any other pertinent information requested by the Town or its agent.

Notice and review.

(1)

Provided that each owner or occupant affected shall be given at least 30 days' written notice delivered by first class U.S. Mail, posting on the property in a conspicuous location, or personal delivery as certified by a Town official, the Mayor or other authorized official or agent may order the removal and abatement of any unlawful discharges within the Town's public rights-of-way.

(2)

All petitions or requests for a permit, waiver or modification filed pursuant to this section shall be delivered to the Mayor or her designee by the deadline indicated on the petition or application form prepared and delivered by the Town or as otherwise stated in the order or written notice supplied to the owner or occupant pursuant to this section.

(3)

In the event an owner or occupant files a timely application or petition for a permit, waiver or modification (i.e., within 30 days) pursuant to this section after the Town has served a cease and desist order regarding an unlawful discharge, enforcement of said order shall be stayed until a determination has been made regarding the application or petition.

(4)

Petitions or requests for permits, waivers or modifications shall be reviewed by the Town's engineer or the Mayor's designee and recommendations shall be provided to the Town Council. A final determination, including any conditions, shall be made at a Town Council hearing or a subsequent Town meeting held within 60 days of the hearing. Notice of the hearing date for one or more properties shall be sent by first class U.S. Mail to each applicant or petitioner at least seven days prior to the hearing. The final determination or decision shall be placed in writing stating the Council's factual findings and legal conclusions within 90 days of the hearing.

Appeals. Any applicant, petitioner or abutting owner aggrieved by a decision of the Town Council with regard to a petition or application for a permit, waiver or modification filed under the provisions of this section and who appeared before the Town Council in person, by an attorney, or in writing, shall have the right to appeal the decision of the Town Council to the Circuit Court for Prince George's County, Maryland under the provisions of Title 7, Chapter 200 of the Maryland Rules of Procedure.

Penalty; lien.

(1)

Municipal infraction. The failure of an owner or occupant to observe and comply with the duties, orders or requirements of this section shall be liable for a municipal infraction carrying a fine of $200. Each additional 30 days that a violation of this section exists shall be deemed a separate violation subject to an additional fine of $200.

(2)

Lien on real property. Provided that the owner of record has received or been mailed proper notice pursuant to this section, any corrective action or abatement taken by the Town pursuant to court order, and any penalties otherwise assessed by the District Court of Maryland for Prince George's County pursuant to this section shall be considered a lien in favor of the Town on the subject property and may be collected and enforced in the same manner as delinquent real property taxes.

Section 19.11 Removal of goods and materials from public right-of-way due to eviction.

[Added 6-19-2013 by Ord. No. 02-13, effective 7-19-2013]

It shall be unlawful for any property owner or his/her agent to permit goods, tangible items, personal property, abandoned property or materials of any kind of an evicted tenant or occupant who has vacated said property to remain on the public right-of-way adjacent to such property including the sidewalk or the unimproved portion of the public right-of-way immediately abutting said property, following such eviction or such vacating of the property. In the event such goods, items, property or materials remain beyond four hours, the Town may employ a person or firm to immediately remove such items and the cost of such services shall be assessed against the owner of said rental property and collected as an action for debt or shall be considered as a lien on said property to be collected in the same manner as real estate taxes pursuant to Section 1.12 of this Code.

If the tenant or the tenant's agent is present at the time the warrant of restitution is executed by the Sheriff's Office, pursuant to Section 13-164 of the County Code, the tenant shall be permitted to salvage and transport the tenant's property removed from the leased premises, after the warrant of restitution is executed, for a reasonable period of time, not to exceed four hours.

Violations of Subsection A of this section are declared to be municipal infractions, the penalty for which shall be $250 for each initial offense and $500 for each repeat offense, which is defined as an identical or substantially similar violation committed within one year (i.e., 365 days) after the initial offense. Furthermore, an owner who violates this section may have his or her rental property permit for the applicable unit, units or premises revoked or denied until the owner pays any debt charged pursuant to this section.

Section 19.12 through Section 19.20. (Reserved)

Section 19.21 Street construction, utility cuts and improvements.

[Added 5-18-2011 by Em. Ord. No. 03-11]

Adoption of county law. The Mayor and Council hereby adopt by reference as incorporated herein an ordinance, as amended from time to time, entitled the "Road Ordinance of Prince George's County, Maryland" codified in Subtitle 23 of the Prince George's County Code, whereby said County Code is further designated as Article 17 of the Code of Public Local Laws of Maryland. The Mayor and Council shall further adopt by reference as incorporated herein, the minimum standards, as amended from time to time, for street construction and repairs applicable to utility companies installing or maintaining utility facilities or improvements in the public ways as found in a document known as the "Prince George's County Policy and Specification for Utility Installation and Maintenance," also to be known herein as the "County Specifications Manual," attached hereto and incorporated by reference herein as Appendix A and made available for inspection at the municipal building. Any references to officials or agents of the county government found in county law adopted herein shall be construed to apply to the applicable officials or agents of Town government.

Regulatory scope and standards.

(1)

Except as otherwise stated in this Article, from and after the effective date of this section, no person or entity, including but not limited to a private or public utility company, shall grade, install, cut, construct, or reconstruct any surface material, subsurface material, paving, drainage structure, curb, gutter, sidewalk, driveway entrance, retaining wall, step, or any other structure within the right-of-way of any public street, road, highway, avenue, lane, alley, viaduct, or public way under the jurisdiction of the Town unless said person or entity shall first obtain a permit from the Mayor, and comply with all applicable provisions of Subtitle 23 of the Prince George's County Code and said Prince George's County Policy and Specification for Utility Installation and Maintenance as though said right-of-way were located within the unincorporated area of Prince George's County, Maryland. A "utility" is defined as an organization franchised by the county or state government or authorized by law to install, operate and maintain facilities in public rights-of-way for the purpose of distribution of fuel or energy, for communication, or the distribution of a public water supply and collection and conveyance of sanitary sewage or stormwater.

(2)

The technical standards for acceptable temporary and permanent utility patching in flexible asphalt pavement are found in Standards 300.18 and 300.19, along with the mill and overlay requirements for roadways under the five-year moratorium period (Attachments 6 and 7) published in the County Specifications Manual.

(3)

Pursuant to § 27-101 et seq. of the Public Utilities Article of the Annotated Code of Maryland, the Washington Suburban Sanitary Commission (WSSC), as a state agency, is generally considered exempt from this Article; however, said Commission is required by statute to obtain a permit from the county and to repair and leave the public roadway in the same or a superior condition to that existing before the public roadway was disturbed and furthermore said agency is to pay all costs for returning the public roadway to the same or superior condition.

[Added 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]

Acceptance of improvements or repairs. Upon completion of such construction, improvements, repairs or other activity as certified by the Code Enforcement Officer, Inspector or Town Engineer as being in full compliance with the county's Road Ordinance, this section and the County Specifications Manual adopted by reference and any applicable inspections, and notification thereof to the Town, the road, sidewalk, or whatever work was performed in the right-of-way shall be deemed to be accepted for maintenance by the Town from and after the date that the same would be deemed accepted for maintenance by the county as if the work had been performed in an unincorporated area of the county.

Effect on future, existing or ongoing utility projects. This section shall take effect upon its adoption and shall apply to all applications for permits filed thereafter. Furthermore, unless previously authorized by the Mayor and Council, any existing road cuts, utility installations, maintenance, excavations, improvements or projects that have not been finally completed, patched, repaired or restored by a public or private utility company, and inspected for compliance with the minimum standards and specifications as found in the County Specifications Manual; and, unless otherwise expressly modified or waived by the Mayor and Council by a written resolution or motion entered into the journal, shall be required to obtain a permit as required by this section prior to completing, patching or restoring any currently ongoing utility cuts, projects or excavations within the Town's public ways.

Permit required; fees, application forms, and photographs.

(1)

It shall be unlawful for any "person," defined as any private person, public or private utility company, partnership, corporation, contractor, employer, agent, servant or employee, to do any excavating or other work as set forth in this Article without first obtaining authorization and a permit from the Mayor, the cost of which shall be established or amended by the Mayor and Council by written resolution adopted from time to time. Any applicant obtaining a Town building permit as part of a development project involving abutting real property, in addition to the permits required herein, shall receive a credit or reduced fee for any additional permits issued under this Article.

(2)

Unless the Mayor and Council establish such fees or fee schedule by resolution, all administrative, application and processing, inspection, moratorium and any other applicable fees found in county law as incorporated herein shall be equal to or shall be calculated pursuant to the applicable county law or County Specifications Manual. Unless they differ in amount as expressly stated herein below, the various permit fees are initially established as follows or as found in Chapter 3 of the County Specifications Manual and calculated using the Utility Permit Fee Calculation Sheet, which is Attachment 3 of said County Specifications Manual:

(I)

Special utility permit fee: a lump sum plus other fees (typically covers new utility facility construction and includes both the administrative and inspection fee, and any moratorium fee and any extension fee, if applicable, and any engineering fee).

(a)

Administrative and inspection fee: flat (lump sum) fee of $300 plus $2 per linear foot of installed utility within the paved area, $0.50 per linear foot for underground work outside the roadway, or plus $0.20 per linear foot for aerial utility facility installations;

(b)

Moratorium or impact fee: $10 per linear foot of roadway cut (paid for disturbance of streets less than five years since paving); and

(c)

Engineering fees: a variable lump sum as found in Subsection G.

(II)

Maintenance utility permit fee: lump sum plus other fees (typically covers routine maintenance or repairs of existing facilities, and includes the application and processing fee, and the administration and inspection fee, and any engineering fees).

(a)

Application and processing fee: $500;

(b)

Administrative and inspection fee: $125 for small cuts, $300 for large cuts including other fees as further described in Section 3.2.2 of the County Specifications Manual; and

(c)

Engineering fees: a variable lump sum as found in Subsection G.

(III)

Maintenance activities fee: to be estimated by the Town (paid upon demand of the Mayor by utilities that routinely enter the Town's streets to pay for all maintenance-related fees enumerated elsewhere herein which may be paid on a quarterly basis in the form of an escrow account, as applicable).

(IV)

Extension fee: $100 (paid to extend the duration of a special utility permit).

(3)

Any forms, applications, form letters, boilerplate certificates of insurance, evidence of performance and payment bonds, reports, schedules, documents, worksheets, prescribed plan formats or templates, or permit fee calculation sheets prepared or used by the county government pursuant to county law, as incorporated by reference in Subsection A of this section, may be modified for use by an applicant, subject to further modification and approval by the Town for conformity to this Article, when applying for any permits required by this Article.

(4)

The Code Enforcement Officer or his designee shall obtain and maintain photographs of the proposed work areas in order to document the before and after condition of the effected public ways. These photographs shall be maintained by the Town records custodian with the permit file pursuant to the Town's approved Records Retention Schedule.

Authority to hire Town Engineer to supervise or inspect street improvements. The Town is authorized to employ the services of an engineer for purposes of supervising or inspecting all street improvements described in this Article, and may require as a condition of granting a permit under this Article that all street improvements be subject to the supervision or inspection of the Town's designated engineer.

Engineering fee. In making application for authorization and a permit as provided in this Article, the applicant shall designate whether or not the work will be performed under the supervision of his own licensed engineer. If the applicant has the service of his own engineer, he shall, in addition, pay to the Town the sum of 3% of the total cost of such improvements to cover the expense of inspection of the improvements by the Town. If the applicant does not have the services of an engineer, he shall pay to the Town the sum of 6% of the total cost of such improvements to cover the expense of preparing plans and specifications and for supervision and inspection of the improvements by the Town. Should the Town incur additional costs for engineering services exceeding the amounts stated herein, the Town may bill the permittee after giving reasonable notice and an opportunity to alter the extent of its maintenance project or improvements, if feasible. These fee requirements are in addition to the various permit fees established by Subsection E(1) and which altogether or in part may be waived or modified by the Mayor and Council by written resolution, or motion recorded in the journal.

Sunday and holiday work.

(1)

No work shall be permitted Sunday, except in cases of emergency, and then only to such extent as it is absolutely necessary and with written permission of the Mayor. The permit holder shall not be permitted to work on any days which are legal Town holidays as designated in Section 2.6 of this Ordinance Code, unless granted permission by the Mayor. If a permittee desires to work on any such legal holidays, permission shall be sought from the Mayor in writing at least two days in advance of such holiday. The request shall state the place where such work is to be conducted.

(2)

Work hours. No work shall be performed after 6:00 p.m. or before 7:00 a.m. without prior written approval by the Mayor.

Responsibility for damages. The permit holder shall assume all responsibility for damages sustained to persons or property due to the carrying on of his work, and shall be responsible for all accidents to persons and property, saving the Town harmless from all damages resulting from any accidents which may occur to the construction operations. The permittee is responsible for the repair of damages prior to release of any applicable bond. If the Town is made a party to any action because of the granting of a permit to the permit holder, the permit holder shall be required to pay all costs and fees incurred by the Town, including the legal fees of the Town Attorney or other legal counsel.

Compliance with safety requirements of the Mayor.

(1)

The person or entity to whom a permit is issued pursuant to this Article and any agents, servants and subcontractors shall comply with all written requirements of the Mayor directed to the permittee, either before or during the course of construction or work, which are deemed necessary in the interest of public safety or for the avoidance of unnecessary inconvenience to the public during such construction.

(2)

The permittee shall have the legal duty to provide for the following, whether or not included in the written requirements of the Mayor:

(I)

Proper lighting and barricading of excavations or other hazards at all times;

(II)

Adequate access, including snow removal from the road to driveways and sidewalks abutting occupied residences;

(III)

Control of dust conditions, as directed by the Inspector;

(IV)

Correction of muddy or soft subgrade by placement of temporary gravel or stone thereon;

(V)

Prompt removal of any dirt and debris from streets in and adjacent to the work area during the construction period, as directed by the Inspector;

(VI)

Other measures, as directed by the Inspector or Chief of Police, to ensure the public safety.

Conflict of laws and waivers. Except as otherwise provided in this section, in any case where a provision of this section is found to be in conflict with a provision of any road construction, zoning, building, grading, housing, fire, safety, health or any other ordinance or code of this Town, Prince George's County, or the State of Maryland existing on the effective date of this section, the provision which establishes the higher standard for the promotion and protection of the health, safety and welfare of the public shall prevail. The Town Council may expressly grant waivers from the strict application of this section.

Approval of the Planning Commission, Sanitary Commission of Prince George's County or other entities. If any design for anticipated work covered by the application for a permit required by this Article requires further approval by the Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Miss Utility, the Maryland Department of the Environment, the Prince George's County Department of Environmental Resources or the Prince George's County Soil Conservation District, the applicant shall certify to the Town that the proposed application for work has been properly approved by said agencies or entities and that the work shall conform to all other applicable Town, county, state and federal laws, rules, regulations and ordinances.

Penalties for violation.

(1)

Any person or entity making street improvements or repairs as described in Subsection B or Subsection D without first obtaining the authorization and permit as provided in Subsection E, in violation of the provisions of this Article, which is declared to be a misdemeanor, shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment of not more than six months, or both.

(2)

The following violations of this Article shall be considered municipal infractions:

(I)

Knowingly submitting a false or incomplete permit application;

(II)

Failure to respond to a corrective order issued by a Town official or inspector;

(III)

Construction which does not comply with an approved plan, specification or permit;

(IV)

Working on work days or during work hours prohibited by this Article;

(V)

Working during the period of a stop-work order; and

(VI)

All other violations of provisions of this Article.

(3)

Except as stated in Subsection M(1) herein, violations of this Article shall be considered a municipal infraction and are subject to the maximum fine for a municipal infraction permitted by the Town Charter. Each day a violation continues is deemed a separate offense and is subject to an additional citation and fine.

(4)

In addition to any other fine, penalty, or remedy, a violator may be required to remove or restore, within 15 days of the date of notification of the violation, any structure, alteration, addition or excavation, erected or commenced, and constituting the basis of the violation, and if so required, upon expiration of such 15 days, each additional day during which that person shall not have so removed or restored the same, shall constitute a further and separate violation subject to such fine.

(5)

The Town also may correct or abate any such condition, or discrepancy at the violator's expense and, after obtaining a judgment from the court, certify any costs thereof to the County Finance Office to be collected in the same manner as taxes.

Administrative and judicial review.

(1)

A decision of the Mayor or other official of the Town under this Article may be appealed for error to the Town Council.

(2)

Except as stated herein, any person aggrieved by a decision of the Town Council with regard to an application for a permit filed under the provisions of this section and who appeared before the Town Council in person, by an attorney, or in writing, shall have the right to appeal the decision of the Town Council to the Circuit Court for Prince George's County, Maryland under the provisions of Title 7, Chapter 200 of the Maryland Rules of Procedure.

(3)

Denial of a refund of any fee paid to the Town as required by this Article may be appealed pursuant to Article 24 of the Annotated Code of Maryland to the Maryland Tax Court.