(A) Pursuant to § 2-2-29 of the Frederick County Code, any violation of any of the provisions of this entire chapter, which is Chapter 1-6, entitled "Buildings," is a civil infraction and shall be called a civil building infraction. If, after investigation, a civil building infraction is believed to exist, the Frederick County Planning and Permitting Division Director ("Director") or authorized agent shall deliver a citation or warning to the property owner and any others responsible for the infraction. If the Director or authorized agent is unable to locate the owner or other responsible person, the Director or authorized agent may post the citation or warning in a conspicuous place on the property and mail a copy of same to the owner or other responsible person, which shall be sufficient for delivery of the warning or citation under this section.
(B) The citation or warning, as provided for in this section, shall be in writing and shall contain the following:
(1) The name and address of the person charged or warned;
(2) The nature of the violation;
(3) The location of the violation;
(4) The date(s) of the violation;
(5) The amount or potential amount of the fine assessed;
(6) The manner, location and time in which the fine may be paid, or violation corrected, if applicable;
(7) The person’s right to stand trial for the violation if applicable;
(8) A certification by the Director or authorized agent attesting to the truth of the matters set forth.
(C) Whenever an alleged or possible civil building infraction comes to the attention of the Director or administrative authority, the following procedures shall apply:
(1) The Director or administrative authority will investigate whether a violation has occurred;
(2) If the Director or administrative authority finds that a violation has occurred, a warning will be issued to the person(s) responsible in the form and manner as outlined in this section, with reasonable time stated to abate or to prevent future infractions;
(3) If the infraction continues or is allowed to occur after the reasonable time stated, the Director or administrative authority will issue a citation to the person(s) responsible in the form and manner as outlined in this section. Notwithstanding the provision of step (2) above, the Director or administrative authority may issue a citation at step (2) without the prior issuance of a warning.
(D) A fine of $200 shall be imposed upon any person responsible for each civil building infraction. Each day such violation exists shall be considered a separate civil building infraction. All fines shall be payable to the Treasurer of Frederick County, Maryland, in the office of the Division of Planning and Permitting.
(E) A person who receives a citation may elect to stand trial for the offense by filing with the Director or administrative authority a notice of intention to stand trial. The notice shall be delivered to the Director or administrative authority at least 10 days before the due date for payment of the fines as set forth in the citation. Upon receipt of the notice of intention to stand trial, the Director or administrative authority shall forward to the District Court of Frederick County, Maryland, a copy of the citation and the notice of intention to stand trial. Upon receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the district court for any civil building infractions shall be remitted to the Treasurer of Frederick County, Maryland.
(F) If a person who receives a citation for a civil building infraction fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial at least 10 days prior to the payment date, a formal notice of the civil building infraction shall be sent to the person's last known address. If the citation is not satisfied within 15 days from the date specified on the notice, the person shall be liable for a fine of $400 for each infraction. If the citation is not satisfied within 35 days of the date specified on the formal notice, the Director or administrative authority may request adjudication of the case through the district court by following appropriate civil procedures.
(G) Adjudication of a civil building infraction under this subsection is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(H) In a proceeding before the district court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Md. Code Ann. Local Government Article Title 6. However, the County Attorney is hereby authorized to prosecute all civil building infractions under this section.
(I) If a person is found by the district court to have committed a civil building infraction, that person shall be liable for the costs of the proceedings in the district court.
(J) Depending on the circumstances of each case and after consultation with the County Attorney, the Director or administrative authority has the discretionary authority to reduce or suspend all or a portion of the fine(s) payable through the Permits and Inspections office.
(K) Nothing contained in this section shall prohibit or prevent the Director or administrative authority from seeking other legal remedies, such as injunctions or criminal prosecution.
(L) Provisions of this section are in addition to, not in lieu of, those penalties specified in other sections of this chapter, specifically § 1-6-21.
(M) The fines specified in this section can be modified at any time by resolution of the county governing body, after a duly advertised public hearing.
(Ord. 99-10-237, 6-29-1999; Ord. 10-13-548, 6-8-2010; Ord. 12-11-606, 6-14-2012; Ord. 14-23-678, 11-13-2014; Bill No. 24-04, 5-21-2024)