(A) Whenever the Director of the Department finds the easement grantor or owner of a property subject to an easement has failed to comply with the terms of the easement agreement, the Department may refuse to review any plans and refuse to grant any approvals applicable to the subject property until compliance with the terms of the easement have been achieved.
(B) The county may impose a civil penalty on an owner of a property whose farm is subject to the terms of an easement granted under this chapter, who violates the terms of the easement.
(C) A civil penalty may be imposed by the county instead of, or in addition to, any remedies at law or in equity.
(D) Fines shall be imposed based upon the following schedule:
(1) First offense: $50;
(2) Second offense: $100;
(3) Third offense: $200; and
(4) Subsequent offenses: $500 each.
(E) A fine may be imposed for each day a violation exists, as each day the violation exists is a separate offense.
(F) Failure to correct a violation after expiration of the time period for correction stated in a citation is a separate offense.
(G) Any person who receives a citation for an easement violation which imposes a fine shall pay the fine as set forth on the citation, within 15 days after receipt of the citation, to the County Commissioners, Collections Office, 225 North Center Street, Westminster, Maryland, 21157.
(H) Any person who fails to pay a fine imposed under this section within 15 days after the date notice was sent to such person pursuant to Md. Code, Land Use Article, § 11.205, shall be liable for twice the fine which that person had failed to pay.
(I) Any person aggrieved by a decision of an administrative official or board under this chapter, the levying of any fines, penalties, or the failure to grant a variance may appeal the action to the County Commissioners or a Board of Appeals appointed by the County Commissioners, which shall hold a hearing.
(Ord. 2022-13, passed 8-25-2022)