(A) Noncompliance penalties under this chapter.
(1) A person found to be in noncompliance with this chapter, the associated forest conservation plan, the long-term protective agreement, or the FIPA shall be assessed by the Department inspectors a penalty in an amount established by resolution of the county governing body per square foot of the area found to be in noncompliance with required forest conservation or planting.
(2) Money collected under paragraph (1) of this subsection shall be deposited in the fee-in-lieu program and may be used by the county for purposes related to implementing forest improvements.
(B) Violations. In addition to the provisions under subsection (A), a person who violates any provision of this chapter is liable for a penalty not exceeding $1,000 per violation, which may be recovered in a civil action brought by the Department.
(C) Duration of violation. Each day a violation continues is a separate violation.
(D) Complaints. The Department inspectors shall receive complaints and initiate enforcement procedures when violations are confirmed. Any complaint received shall be acted upon routinely within 3 days, and the complainant shall be notified of any action or proposed action routinely within 7 days of receipt of the complaint.
(E) Procedure for investigation.
(1) When a Department inspector determines that a violation of the approved plan has occurred, the inspector shall notify the on-site personnel or the permittee in writing of the violation, describe the required corrective action and the time period in which to have the violation corrected.
(2) If the violation persists after the date specified for corrective action in the notice of violation, the Department inspector shall stop work on that site. The Department inspector shall determine the extent to which work is stopped, which may include all work on the site except that work necessary to correct the violation.
(3) If reasonable efforts to correct the violation are not undertaken by the permittee, the Department inspector shall refer the violation for legal action.
(4) The Department inspector may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of a building or grading permit or approved erosion and sediment control plan.
(5) Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.
(6) If a person is working without a permit, the Department inspector shall stop work on the site except activity necessary to provide erosion and sediment control.
(F) Civil infractions.
(1) Pursuant to the authority provided in §§ 2-2-28 and 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 of the Department or an authorized agent 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 Director of the Department or the authorized agent 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.
(2) The citation or warning, as provided in this section, shall be in writing and shall contain the following:
(a) The name and address of the person charged (or warned);
(b) The nature of the violation;
(c) The location of the violation;
(d) The date(s) of the violation;
(e) The amount of the fine assessed (or possibility of assessment);
(f) The manner, location and time in which the fine may be paid (or violation corrected, if applicable);
(g) The person’s right to stand trial for the violation (if applicable); and
(h) A certification by the Director of the Department or the authorized agent attesting to the truth of the matters set forth.
(3) Whenever an alleged or possible civil infraction comes to the attention of the Director of the Department, the procedure to be followed is:
(a) That the Director or the agent will investigate whether an infraction has occurred; and
(b) That, if the Director or the agent reasonably finds that an infraction has occurred, the Director 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.
(Ord. 01-20-294, 9-25-2001; Ord. 07-25-465, 7-19-2007; Ord. 14-23-678, 11-13-2014)