(A) Any violation of any of the provisions of this entire chapter, which is Chapter 1-19, entitled Zoning (also known as the zoning ordinance for Frederick County, Maryland), is a civil zoning violation and shall be called a civil zoning infraction. If, after investigation, a civil zoning infraction is believed to exist, the Zoning Administrator or his authorized agent shall deliver a citation to the property owner and other person or persons responsible for the infraction. If the person is unable to be located personally, the Zoning Administrator or his authorized agent may post the citation in a conspicuous place on the property and mail a copy of same to the person, which shall be sufficient for delivery under this section.
(B) The citation, as provided for in this section, shall be in writing and shall contain the following:
(1) The name and address of the person charged;
(2) The nature of the violation;
(3) The location of the violation;
(4) The date(s) of the violation;
(5) The 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 elect to stand trial for the violation; and
(8) A certification by the Zoning Administrator or his authorized agent attesting to the truth of the matters set forth.
(C) A fine of $100 is hereby imposed upon any person responsible for a civil zoning infraction for each violation. Each day such violation is permitted to exist shall be considered a separate infraction. All fines shall be made payable to the Treasurer of Frederick County, Maryland; and submitted to the Community Development Division.
(D) A person who receives a citation may elect to stand trial for the offense by filing with the Zoning Administrator a notice of intention to stand trial. The notice shall be given at least 5 days before the date of payment as set forth in the citation. On receipt of the notice of intention to stand trial, the Zoning Administrator shall forward to the district court for Frederick County, Maryland, 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. All fines, penalties, or forfeitures collected by the district court for zoning infractions shall be remitted to the county, through the County Treasurer.
(E) If a person who receives a citation for an 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, a formal notice of the infraction shall be sent to the person's last known address. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for a fine of $200 for each infraction. If, after 35 days, the citation is not satisfied, the Zoning Administrator 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.
(F) Adjudication of an infraction under this subsection is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(G) 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. Ann. Code, Local Government Article, Title 6. However, the County Attorney is hereby authorized to prosecute all civil zoning infractions under this section.
(H) If a person is found by the district court to have committed a civil zoning infraction, he shall be liable for the costs of the proceedings in the district court.
(I) Depending on the circumstances of each case and after consultation with the County Attorney, the Zoning Administrator has the discretionary authority to reduce or suspend all or a portion of the fine payable through his office.
(J) Nothing contained in this section shall prohibit or prevent the Zoning Administrator, or anyone else, from seeking other legal remedies, such as injunctions or criminal prosecution.
(Ord. 83-9-276, 4-5-1983; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)