(A) Pursuant to the authority provided in § 2-2-29, any violation of any of the provisions of this entire chapter, which is Chapter 1-10, entitled "Grading, Erosion and Sediment Control," is a civil offense, and shall be called a civil infraction. If, after investigation, a civil infraction is believed to exist, the inspection agency shall deliver a citation or a warning to the property owner and other person or persons responsible for the infraction. If the person is unable to be located personally, the inspection agency may post the citation or warning in a conspicuous place on the property and mail a copy of same by registered mail to the person, which shall be 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 possibility of 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 inspection agency attesting to the truth of the matters set forth.
(C) Whenever an alleged or possible civil infraction comes to the attention of the inspection agency, the procedure to be followed is:
(1) The inspection/enforcement authority will investigate whether an infraction has occurred;
(2) If the inspection/enforcement authority reasonably finds that an infraction has occurred, they will issue a warning to the person or persons responsible in the form and manner as outlined in this section, with a time stated of no more than 10 days to correct the infraction and to prevent future infractions;
(3) That, if the infraction continues or is allowed to occur after the time stated, the inspection/enforcement authority will issue a citation to the person or persons responsible in the form and manner as outlined in this section. Notwithstanding the provision of step (2) above, the inspection agency may issue a citation at step (2) without the prior issuance of a warning.
(D) A present fine of $1,000 is hereby 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, in the Frederick County Department of Permits and Inspections, which shall remit same on a daily basis to the County Treasurer.
(E) A person who receives a citation may elect to stand trial for the offense by filing with the Director of Frederick County Department of Permits and Inspections 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 of Frederick County Department of Permits and Inspections 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 will 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, 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 $2,000 for each infraction. If after 35 days, the citation is not satisfied, the Director of Frederick County Department of Permits and Inspections 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.
(G) 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.
(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. However, the County Attorney is hereby authorized to prosecute all civil infractions under this section.
(I) If a person is found by the District Court to have committed a civil infraction, he 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 County Attorney, the Director of Frederick County Department of Permits and Inspections has the discretionary authority to reduce or suspend all or a portion of the fine payable through his office.
(K) Nothing contained in this section shall prohibit or prevent the Director of Frederick County Department of Permits and Inspections or anyone else from seeking other legal remedies, such as injunctions or criminal prosecution.
(Ord. 12-27-622, 11-8-2012; Ord. 14-23-678, 11-13-2014)