Division 1. Zoning Violations

The purpose of this Division is to implement the authority contained in Section 20-526(c) of the Land Use Article of the Annotated Code of Maryland, for the governing body of Prince George's County to impose civil monetary fines or penalties for violations of the Zoning Ordinance.

This Subdivision sets forth the procedures for assessing civil monetary fines. The procedure of this Subdivision shall be utilized only in the case of civil violations of the Zoning Ordinance.

Upon verification of a civil violation of the Zoning Ordinance, the Department shall follow the procedures of the Enforcement Division of the Zoning Ordinance. If, at the end of any grace period (including any extension granted under the Enforcement Division), the civil violation has not ceased, the Department shall deliver or mail a citation to the responsible party(ies). The Department may issue the citation immediately upon verification of a civil violation when, under the Enforcement Division, no grace period is extended. The citation shall serve as the notification to a person that he has committed a civil violation and that he has been assessed a civil monetary fine which, in the absence of a successful appeal, shall be due and payable to the County.

A person who receives a citation may elect to stand trial for the offense by filing with the designated zoning official a notice of intention to stand trial. The notice shall be given at least five (5) days before the date of payment as set forth in the citation. On receipt of the notice of intention to stand trial, the zoning official shall forward to the District Court within thirty (30) days, a copy of the citation and the notice of intention to stand trial. On receipt of the citation, the District Court shall schedule the case for trial and notify the defendant of the trial date. The County shall request that the court set a date for trial within forty-five (45) days of receipt of the citation.

If a person who receives 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 notice of intention to stand trial, a formal notice of the violation shall be sent to the person's last known address. If the citation is not satisfied within fifteen (15) days from the date of the notice, the person is liable for an additional fine not to exceed twice the original fine. If, after fifteen (15) days, the citation is not satisfied, the zoning official may request adjudication of the case through the District Court. The District Court shall schedule the case for trial and summon the defendant to appear. The County shall request that the court set a date for trial within forty-five (45) days of receipt of the citation.

In addition to all other remedies provided by State or County law, the County Attorney on behalf of the County may institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful construction, reconstruction, erection, alteration, or use in violation of the Zoning Ordinance. The imposition of a civil monetary fine, or the payment thereof, shall not impede the authority granted in this Section to the County Attorney or the County.