Sec. 4-116. Administration; Section 114, Violations

"Notice of Violation"

114.2.1 Issuance of Notice of Violation

The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

114.2.2 Administrative Lien

Upon issuance of a notice of violation, the Building Official may place an administrative lien on the property that shall serve as notice to prospective purchasers, lessees, or other transferees. The Building Official may release the administrative lien upon abatement or correction of the underlying violation(s) giving rise to the notice of violation or upon verification that the prospective purchaser, lessee, or other transferee has been notified of the existence of the Stop Work Order.

114.4.1 Civil Penalties: Any person, firm, association, partnership, corporation, or combination thereof who shall violate a provision of the International Building Code (IBC) or of this Subtitle, or fail to comply with any of the requirements thereof, violates a lawful order issued thereunder, or any person who shall erect, construct, alter, or repair a building or structure or mechanical or electrical system without all required permits or in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this Subtitle or the IBC may be liable for a civil fine in accordance with the provisions of this section. A civil fine imposed under this subsection is in addition to any other sanction provided by law.

A civil fine may be assessed in conjunction with a written notice of violation or through the issuance of a civil citation or an administrative citation in accordance with the provisions of this Subtitle.

114.4.1.1 Civil Fine Imposed Through Notice of Violation: When a civil fine is imposed through a notice of violation, the notice of violation shall state the amount of the civil fine and a description of the circumstances giving rise to the assessment. A civil fine imposed through a notice of violation shall be one thousand dollars ($1,000) per violation. Each day that a violation continues shall be deemed a separate offense. A civil fine assessed through a notice of violation shall be due and payable within 30 days after the Building Official issues the written notice.

114.4.1.1.1 Appeal of Civil Fine Issued Through Notice of Violation: A written notice of violation assessing a civil fine under this section shall be a final decision of the Director or the Director's designee.

114.4.1.1.2 Recording of Civil Fine as tax lien: If a civil fine imposed through a notice of violation has not been paid within 30 days after the written notice of violation, the Director may cause the written notice of violation to be recorded with the Director of Finance for Prince George's County. Recordation of the notice of violation shall constitute a lien on the subject property and shall be collected in the same manner as other County real estate taxes. The filing of an appeal of a civil fine shall not affect the recordation of a tax lien under this subsection.

Upon receiving notice that a duly adjudicated appeal has resulted in a decision in favor of an appellant regarding a civil fine imposed under this subsection, the Director of Finance shall release the tax lien.

114.4.1.2 Civil Fine Imposed Through Civil Citation

114.4.1.2.1 In the event that a responsible party does not comply with a notice of violation within the time period provided, including any period allowed by appeal, and upon verification by the Director or the Director's designee that the violation still exists, the Director or the Director's designee may issue upon the responsible parties a civil citation pursuant to Subtitle 28, Division 3, of this Code.

114.4.1.2.2 Separate Violation: Each day the violation continues is deemed a separate offense and is subject to an additional citation and fine in the same dollar amount as the repeat citation(s).

114.4.1.2.3 Civil Citation in addition to other sanctions: A civil citation imposed under this subsection is in addition to any other sanction provided by law.

114.4.1.3 Administrative Citation

114.4.1.3.1 In lieu of issuing a civil citation pursuant to Section 114.4.1.2 above, upon verification of a violation of this Section, the Director or Director's designee may issue upon the responsible parties an administrative citation as that term is defined in Section 13-1121 of this Code.

114.4.1.3.2 In addition to any other matters that the Director prescribes, the issuance of an administrative citation shall comply in all respects with the requirements of Sec. 13-1125 of this Code.

114.4.1.3.3 Administrative citations issued under this subtitle shall be adjudicated in accordance with the provisions outlined in Sections 13-1126, 13-1127, 13-1128, 13-1129, 13-1130, 13-1131, and 13-1132 of this Code.

114.4.1.3.4 A civil fine imposed through an administrative citation under this section shall be One Thousand dollars ($1,000.00) per violation and shall be due and payable within 30 days after the citation is issued. Each day that a violation continues shall be deemed a separate offense.

114.5 Disclosure Requirements:

114.5.1 Disclosure to Prospective Purchaser or Lessee: When the owner of a dwelling unit or structure has received a notice of violation issued under this Subtitle, the owner shall provide a copy of the notice of violation to a prospective purchaser or lessee.

114.5.2 Recordation: The Director may record a notice of violation issued under this Subtitle among the land records in the Circuit Court for Prince George's County.