(A) Pursuant to the authority provided in § 2-2-29 of the Frederick County Code, any violation of any of the provisions of this chapter is a civil offense and shall be called a civil infraction. If after investigation a civil infraction is believed to exist, the Director shall deliver a citation or a warning to the property owner and any other person or persons responsible for the infraction. If the person responsible for the infraction cannot be located, the Director may post the citation or warning in a conspicuous place on the property and shall mail a copy of same by registered mail to the person who obtained the permit, if any, and to the property owner, which shall constitute notice sufficient for delivery 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 of the fine assessed (or possible assessment);
(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); and
(8) A certification by the Director or his or her agent attesting to the truth of the matters set forth.
(C) Whenever an alleged or possible civil infraction comes to the attention of the Director, the procedure will be as follows:
(1) The Director will investigate whether an infraction has occurred;
(2) If the Director determines that an infraction has occurred, a warning notice will be issued to the person or persons responsible in the form and manner as outlined in this section, with a time period of no more than 10 days within which to correct that infraction and to prevent further infractions;
(3) If the infraction continues or is allowed to occur after the time stated in the warning notice, the Director will issue a citation to the person or persons responsible and/or the property owner in the form and manner as outlined in this section.
(4) Notwithstanding the provisions of subparagraph (C)(2) above, the Director may issue a citation without the prior issuance of a warning notice.
(D) A fine of $1,000 shall be imposed upon any person responsible for a civil infraction for each violation. Each day such violation is permitted to exist shall be considered a separate infraction. All fines shall be payable within 20 days to the county and delivered to the Division, which shall remit same to the County Treasurer.
(E) A person who receives a citation may elect to stand trial for the offense by filing with the Director 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. Upon receipt of the notice of intention to stand trial, the Director shall forward to the District Court of Maryland for Frederick County 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 civil infractions shall be remitted to the county, through the County Treasurer.
(F) 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, the fine shall be doubled and the person is liable for the assessed fine. The Director may request adjudication of the case by the District Court, including the filing of a demand for judgment on affidavit. The District Court shall schedule the case for trial and summon the defendant to appear. The defendant's failure to appear to such summons shall result in the entry of judgment against the defendant in favor of the county in the amount then due if a proper demand for judgment on affidavit has been made.
(G) Adjudication of an infraction under this section 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. Ann. Code, Local Government Article, Title 6.
(I) If a person is found by the District Court to have committed a civil infraction, the person shall be liable for the costs of the proceedings in the District Court; and the Court may permit the county to abate any such condition at the person's expense, the same as provided in Md. Ann. Code, Local Government Article, Title 6.
(J) Depending on the circumstances of each case and after consultation with the Office of the County Attorney, the Director has the discretionary authority to reduce or suspend all or a portion of the fine assessed under this article.
(K) Nothing contained in this section shall prohibit or prevent the Director or Frederick County from seeking other legal remedies, such as injunctions or criminal prosecution.
(Ord. 10-09-544, 5-20-2010; Ord. 14-23-678, 11-13-2014)