The purpose of this Division is to provide for the enforcement of the Prince George's County Housing Code by civil fines and penalties. This Division shall apply to Housing Code violations in or about one-family or two-family dwellings as defined in Section 13-119. It shall also apply to a multifamily rental facility licensed under Section 13-181.
Terms used in this Division are defined as follows: Civil violation: The use of any residential structure and/or exterior property areas in violation of the Housing Code. Department: Department of Permitting, Inspections, and Enforcement. Director: Director of the Department of Permitting, Inspections, and Enforcement. Email: Is the exchange of computer-stored messages from one user to one or more recipients through the internet that requires a webmail server address. Grace period: Extension of time granted pursuant to Section 13-118 of the County Code. Housing Code: The provisions of law contained in or adopted by Division 1 of Subtitle 13 of the County Code. Person deemed responsible: Any person who uses property in violation of the Housing Code. Repeated civil violation: A recurring violation of the same provision of the Housing Code by the same person at the same location.
Any person who violates any provision of the Housing Code shall, upon citation issued pursuant to Subdivision 3, be deemed to have committed a civil violation and shall pay to the County a civil monetary fine in the amount prescribed by Section 28-221. Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed by Section 28-221. The penalty provided in Section 13-115 of the County Code shall not apply to enforcement of the Housing Code when the procedures of Division 2, Subtitle 28 are invoked.
The civil monetary fine for each civil violation of the Housing Code shall be One Hundred Dollars ($100.00), except as provided in Subsection (b). For a repeated civil violation, at the same location, within a thirty-six month period, the following fines shall apply: 2nd violation $500.00 Each subsequent violation $1,000.00
Subsequent to service of notice of violation pursuant to Section H-140.1 of the Housing Code; the expiration of a grace period, if any; and verification by the Department that the civil violation exists, the Department may deliver or mail or by written consent, email a citation to the person deemed responsible. The Department shall provide guidelines for implementation of email methods of service. It is the responsibility of those who consent in writing to be served a civil citation of the Housing Code by email to maintain a current email address with the Department. The citation shall serve as the notification to the person concerned that he is charged with a civil violation of the Housing Code and that he has been assessed a civil monetary fine which, unless overturned by Court action, shall be due and payable to the County.
The citation shall be on a form adopted by the Department and shall include: Date of issuance of the citation; The name and address of the person charged; The Section number of the Housing Code that has been violated; The nature of the violation; The place where and time that the violation occurred; The amount of the civil fine assessed; The manner, location, and time in which the fine may be paid; The notice that each day of continued violation thereafter shall be deemed a separate violation subject to additional citation; The name, business address, and telephone number of the Department official cognizant of the case; The person's right to elect to stand trial for the violation.
A person who receives a citation may elect to stand trial for the offense by filing with the Department 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 Director 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 Director 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.
The County Attorney shall prosecute all civil violations before the District Court. Upon finding of a violation the civil fine imposed by the Court shall be in an amount deemed appropriate by the Court but shall not be less than half the amount in the schedule contained in Section 28-221(a) and (b). The Court may suspend or defer the payment of the civil fine upon such reasonable grounds as the Court determines.
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 enforce the Housing Code. 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.