Sec. 4-117. Administration; Section 115, Stop Work Order

115.2.1 Issuance

Upon notice from the Building Official that work on any building or structure is being executed contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The Stop Work Order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a Stop Work Order, the cited work shall immediately cease. The Stop Work Order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. Stop Work Order will be in full force until all fees and penalties are paid and permits have been secured for all illegal and/or unpermitted construction.

115.2.2 Administrative Lien

Upon issuance of a Stop Work Order, 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 Stop Work Order or upon verification that the prospective purchaser, lessee, or other transferee has been notified of the existence of the Stop Work Order.

115.3.1 Civil Penalties: Any person, firm, association, partnership, or corporation, or combination thereof, who shall continue work in violation of the provisions of a Stop Work Order, or shall remove or cause to be removed a Stop Work Order sign still in effect and operation, 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.

115.3.1.1 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.

115.3.1.1.1 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.

115.3.1.1.2 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.

115.3.1.2 Civil Fine Imposed Through Civil Citation

115.3.1.2.1 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.

115.3.1.2.2 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).

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

115.3.1.3 Administrative Citation

115.3.1.3.1 In lieu of issuing a civil citation pursuant to Section 115.3.1.2 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.

115.3.1.3.2 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.

115.3.1.3.3 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.

115.3.1.3.4 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.

115.3.2 Criminal Penalties: Any person, firm, association, partnership, or corporation, or combination thereof, who shall continue work in violation of the provisions of a Stop Work Order, or shall remove or cause to be removed a Stop Work Order sign still in effect and operation, shall be guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00) per violation for as long as that the unlawful work continues, or imprisonment for six (6) months, or both.

115.4 Disclosure Requirements:

115.4.1 Disclosure to Prospective Purchaser or Lessee: When a stop work order has been issued under this Subtitle and remains effective at the time of a prospective transfer or lease, the owner shall provide notice of the stop work order to a prospective purchaser or lessee.

115.4.2 Recordation: The Director may record evidence of a stop work order issued under this Subtitle among the land records in the Circuit Court for Prince George's County.