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Secs. 1-11, 1-12. Reserved.
Editor's note-Sections 1-11, 1-12, relating to existing rights, liabilities and actions, derived from Mont. Co. Code 1965, §§ 1-14, 1-15, and 1912, ch. 790, § 2 were repealed by 1987 L.M.C., ch. 35, § 3.
Any officer of the county required by law to publish any notice, return, report, schedule, sample ballot, list of delinquent taxpayers or any official publication whatsoever shall make such publication in not more than two (2) newspapers regarded as county newspapers of general circulation in the county; provided, however, and notwithstanding the provision of any law to the contrary the county council may in its discretion authorize and direct such publication as set out by this section or any part of such publication in more than two (2) newspapers that are published in the county, or any portion of the county. The payment for such publication hereby authorized may be made from any fund which the council may direct. (Mont. Co. Code 1965, § 1-16; 1927, ch. 497, § 1; 1943, ch. 65.)
Any officer or official authorizing the publication of any report, notice, return, schedule, list of delinquent taxpayers or any official publication, in violation of the preceding section, shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred dollars ($100.00) for each violation. (Mont. Co. Code 1965, § 1-17; 1927, ch. 497, § 2; 1973 L.M.C., ch. 4, § 1.)
Notwithstanding the provisions of any previous law, the boundary line between Prince George's and Montgomery County is defined and established by the following metes, bounds and coordinates:
Beginning at a point on the District of Columbia Line, where formerly stood a stone established to mark the point common to Montgomery and Prince George's Counties by a survey of the county line in 1868 to 1872, said point having been re-established by this survey from reference notes recorded by the District of Columbia surveyor prior to the removal of the stone during the reconstruction of Eastern Avenue in 1947 and 1948, said point now being marked by a brass screw cemented in a two-inch iron pipe standing two inches above the macadam and at the base of a concrete retaining wall on the northeast side of Eastern Avenue approximately thirty-six (36) feet northwest of the southeast end of said retaining wall, with coordinates of the beginning point of north 413,898.60 and east 797,723.97, and running thence with the county line, as now determined, N 30o06'02" E (north thirty degrees six minutes two seconds east) for 17,351.72 (seventeen thousand three hundred fifty-one and seventy-two one hundredths) feet to a granite stone marked "M.C.P.G. 1872" and with coordinates of N 428,910.38 and E 806,426.19 established by the 1868-72 survey and set flush with the ground on the northeasterly side of Mt. Pisgah Road;
Thence N 29o59'05" E (north twenty-nine degrees fifty-nine minutes five seconds east) for 38,363.53 (thirty-eight thousand three hundred sixty-three and fifty-three one hundredths) feet to the outline of part of a conveyance from Theodore B. Siehler and Bessie M. Siehler, his wife, and Eugene Dustin and Goldie M. Dustin, his wife, to Martin C. Darnall and Mildred T. Darnall, his wife, by a deed dated the 2nd of May 1950 and recorded among the land records of Prince George's County, Maryland in Liber 1227 at Folio 389;
Thence N 40 degrees 29'11" W (north forty degrees twenty-nine minutes eleven seconds west) for 271.84 (two hundred seventy-one and eighty-four one hundredths) feet to an iron pipe (pin) previously set;
Thence N 48 degrees 00'29" E (north forty-eight degrees zero minutes twenty-nine seconds east) for 383.09 (three hundred eighty-three and nine one hundredths) feet to an iron pipe (pin) previously set;
Thence S 23 degrees 13'08" E (south twenty-three degrees thirteen minutes eight seconds east) for 171.93 (one hundred seventy-one and ninety-three one hundredths) feet to a point on the Montgomery County and Prince George's County line, said point being 39.73 (thirty-nine and seventy-three one hundredths) feet from an iron pipe (pin) previously set opposite station 92 + 50.00 as shown on State Roads Commission Plat 46592;
Thence leaving said outline of the M.C. and M.T. Darnall property and with the Montgomery County and Prince George's County line N 29 degrees 59'05" E (north twenty-nine degrees fifty-nine minutes five seconds east) for 89.55 (eighty-nine and fifty-five one hundredths) feet to a granite stone established by the 1868-72 survey and with coordinates of N 462,521.90 and E 825,819.86, marked "M.C.P.G. 1872C" standing about two feet above ground and on the northerly side of Sandy Spring Road (State Route 198), and about 1,056 feet westerly from the centerline of Gunpowder Road;
Thence N 19o22'18" E (north nineteen degrees twenty-two minutes eighteen seconds east) 4405.13 (four thousand four hundred five and thirteen hundredths) feet to an iron pipe with coordinates of north 466,677.64 and east 827,281.01 on the easterly side of Riding Stable or Brooklyn Bridge Road at or near the westerly corner of the C. Shamel property as per deed recorded among the land records of Prince George's County in Liber 1043 at Folio 206;
Thence N 40o00'20" W (north forty degrees no minutes twenty seconds west) 1666.58 (sixteen hundred sixty six and fifty eight hundredths) feet to a point with coordinates of north 467,954.22 and east 826,209.63 at the end of the fourth line of a conveyance from James W. Smith, et ux, to the Washington Suburban Sanitary Commission by a deed dated the 6th day of January 1953, and recorded among the land records of Montgomery County, Maryland in Liber 1753 at Folio 89, thence with said fourth line reversed in N 54o19'39" E (north fifty-four degrees nineteen minutes thirty nine seconds east) 622.40 (six hundred twenty-two and forty hundredths) feet to a concrete monument with coordinates of north 468,317.17 and east 826,715.25, at the southwest corner of a conveyance from Thomas I. Burton, et ux, to the Washington Suburban Sanitary Commission by a deed dated the 25th day of July 1950, and recorded among the land records of Montgomery County, Maryland in Liber 1412 at Folio 395;
Thence with the last line of said deed N 54o19'39" E (north fifty-four degrees nineteen minutes thirty-nine seconds east) 683.61 (six hundred eighty-three and sixty-one hundredths) feet to a concrete monument with coordinates of north 468,715.81 and east 827,270.58 at the end thereof;
Thence with the full length of the first line of said deed and in extension thereof through parcel one of a conveyance from Norman C. Dustin to the Washington Suburban Sanitary Commission by a deed dated the 19th day of October 1950 and recorded among the land records of Montgomery County in Liber 1448 at Folio 106, N 55°25'10" E (north 55 degrees twenty-five minutes ten seconds east) 292.35 (two hundred ninety-two and thirty-five hundredths) feet to a point with coordinates of north 468,881.74 and east 827,511.28;
Thence N 31o09'50" W (north thirty-one degrees nine minutes fifty seconds west) 313.40 (three hundred thirteen and forty hundredths) feet to a concrete monument with coordinates of north 469,149.92 and east 827,349.10 at or near the southwest corner of a conveyance by L. Marshall Cuvillier, Jr., et ux to the Washington Suburban Sanitary Commission by a deed dated the 16th day of February 1951, recorded among the land records of Montgomery County in Liber 1497 at Folio 117;
Thence N 58o50'10" E (north fifty-eight degrees fifty minutes ten seconds east) 489.99 (four hundred eighty-nine and ninety-nine hundredths) feet, to a point with coordinates of north 469,403.48 and east 827,768.38; thence S 31o09'50" E (south thirty-one degrees nine minutes fifty seconds east) 399.44 (three hundred ninety-nine and forty-four hundredths) feet to a point on a concrete monument with coordinates of north 469,061.68 and east 827,975.09 at or near the southwest corner of a tract of land conveyed by Howard B. Shipley, et ux to the Washington Suburban Sanitary Commission by a deed dated the 22nd day of May 1952 and recorded among the land records of Montgomery County, in Liber 1672 at Folio 201;
Thence with the fifth line of said deed N 68o41'20" E (north sixty-eight degrees forty-one minutes twenty seconds east) 466.97 (four hundred sixty-six and ninety-seven hundredths) feet to a concrete monument at the end thereof with coordinates of north 469,231.40 and east 828,410.13;
Thence with the southerly line of a tract of land conveyed by Richard D. Boyle to the Washington Suburban Sanitary Commission by a deed dated the 17th day of July 1951, and recorded among the land records of Montgomery County in Liber 1782 at Folio 469, for the full length thereof and passing over a concrete monument at the southeast corner of said tract and continuing with the southerly line of a tract of land conveyed by Gilmer B. Randolph, et ux to the Washington Suburban Sanitary Commission by a deed dated the 26th day of March 1952 and recorded among the land records of Montgomery County in Liber 1663 at Folio 457, N 64o26'30" E (north sixty-four degrees twenty-six minutes thirty seconds east) 1680.37 (sixteen hundred eighty and thirty-seven hundredths) feet to a point with coordinates of north 469,956.35 and east 829,926.06;
Thence so as to include a part of Parcel "A" conveyed by Chester F. Naumowicz, Jr. to the Washington Suburban Sanitary Commission by a deed dated the 7th day of March 1952 and recorded among the land records of Montgomery County, in Liber 1644 at Folio 293, N 22o17'57" E (north twenty- two degrees seventeen minutes fifty-seven seconds east) 961.88 (nine hundred sixty-one and eighty-eight hundredths) feet to a point with coordinates of north 470,846.30 and east 830,291.04, said point being about six tenths of a foot southwest of a fence corner;
Thence N 64o08'00" E (north sixty-four degrees eight minutes no seconds east) 509.38 (five hundred nine and thirty-eight hundredths) feet to the end of the third line in said deed at a point with coordinates of north 471,068.53 and east 830,749.39, said point being 9866.36 feet N 29o58'32" E from a granite stone marked "M.C.P.G. 1872," standing about two feet above ground on the northerly side of the Sandy Spring Road (State Route 198);
Thence crossing said conveyance from Naumowicz to the Washington Suburban Sanitary Commission N 29o58'30" E (north twenty-nine degrees fifty-eight minutes thirty seconds east) 2085.80 (two thousand eighty-five and eighty hundredths) feet to a point with coordinates of north 472,875.34 and east 831,791.50 at the end of the 17th (seventeenth) line of said deed recorded among the land records of Montgomery County in Liber 1644 at Folio 293, said point having been in the centerline of the channel of the Patuxent River as established prior to the flooding of said river by the construction of the Rocky Gorge Reservoir. (1968, ch. 725, § 1; 1990, ch. 624, § 1.)
(a) Definitions. In Sections 1-18, 1-19 and 1-20:
(1) Citation means a document charging a person with a violation of County law. A civil citation seeks the imposition of a civil penalty. A criminal citation seeks the imposition of a criminal sanction.
(2) County law means any provision of:
(A) a law enacted by the County Council;
(B) a public local law adopted by the General Assembly which applies in Montgomery County;
(C) a law, ordinance, or subdivision amendment enacted under Division II of the Land Use Article of the Maryland Code;
(D) a health regulation adopted by the County Council sitting as the County Board of Health; or
(E) a regulation adopted under authority of the County Code.
(3) Enforcement officer means a police officer or other agent of Montgomery County, the State of Maryland, or any agency created under State or County law, whose job includes the issuance of a citation. Enforcement officer also means a police officer or other agent of any municipality that the County Executive has authorized under Section 2-96(b) to enforce any specified County law in that municipality, whose job includes the issuance of a citation. Enforcement officer also means an agent of a special taxing district who is authorized to act as an agent of the County under an agreement adopted under Section 2-96(a).
(b) Civil and Criminal Citations.
(1) Issuance. An enforcement officer may issue a civil citation or a criminal citation to a person who the enforcement officer believes is committing or has committed a violation of County law. The form of the citation must be approved by the Chief Judge of the Maryland District Court, as required by State law.
(2) Summons to Appear. In addition to a citation, the enforcement officer may issue to the person receiving the citation a summons requiring the person to appear in court on a specified date. If the citation is a civil citation, the summons must specify that the person is not required to appear in court if the fine is paid as provided in the citation. The enforcement officer must coordinate the selection of court dates with appropriate court officials.
(3) Failure to furnish proof of identity. A person issued a citation under this section must furnish proof of identity and age, upon request, to the enforcement officer who issues the citation. Any violation of this paragraph is a class C violation.
(4) Responsibility of enforcement officer. Within 10 working days after issuing a citation, the enforcement officer must deliver the original citation and summons to the Revenue Division of the Department of Finance or another office designated by regulation adopted under method (3). The Revenue Division must process a civil citation and summons as provided in subsection (c), and must forward a criminal citation and summons to the District Court within 10 business days after receiving it. Failure to deliver the citation or summons to the Revenue Division or the District Court does not affect the validity of the citation or summons.
(5) Trial Schedule. After a summons is issued, the District Court must schedule the trial on the date stated in the summons or notify the defendant of an alternative date. If no summons is issued, the District Court must schedule the case for trial and summon the defendant to appear. A defendant's failure to respond to a summons without good cause is contempt of court.
(6) Prosecution by the County Attorney. The County Attorney may prosecute a violation under this Section and exercise the normal discretion of a prosecutor.
(7) Court costs. A person found by the District Court to have committed a violation of County law is liable for the costs of the proceeding in the District Court.
(8) Payment to County. Any fine, penalty or forfeiture collected by the District Court must be paid to the County.
(9) Appeals, motion for new trial, or revision of judgment. As provided by law, a defendant who has been found to have committed a violation of County law may:
(A) appeal;
(B) file a motion for a new trial; or
(C) file a motion to revise the judgment.
(c) Civil Violations.
(1) Amount of fine. An enforcement officer must designate a civil penalty on the citation in the amount set out in Section 1-19, unless a lower amount is set for a specific violation by a regulation adopted under method (1).
(2) Election to stand trial. A person who receives a civil citation may file with the County agency listed on the citation a notice of intention to stand trial. The notice must be filed within 15 days after receiving the citation or, if the 15th day falls on a County holiday, by the end of the next business day after the holiday. After receiving the notice of intention to stand trial, the agency must forward to the District Court the original citation, the summons, and the notice of intention to stand trial. After receiving these papers, the District Court must schedule the case for trial.
(3) Default.
(A) If a person who receives a civil citation does not pay the penalty by the date set on the citation and does not file a timely notice of intention to stand trial, the penalty is increased to double the original penalty. A lesser increase may be established for specific offenses by regulation adopted under method (1).
(B) If the penalty is not paid and the defendant does not request a trial within the required time, the County may ask the District Court to set a trial date.
(4) Burden of Proof; rights of defendants. In any proceeding to impose a civil penalty:
(A) the County has the burden to prove that the defendant has committed the offense by a preponderance of the evidence;
(B) the defendant may cross-examine witnesses, produce evidence or witnesses, and testify if the defendant elects to do so; and
(C) the defendant may be represented by counsel that the defendant selects and pays.
(5) Adjudication.
(A) The defendant may enter a plea of guilty or not guilty. The court must find the defendant guilty or not guilty.
(B) If it finds the defendant guilty, the court must impose the penalty and late payment penalties prescribed by County law. The court may suspend or defer the payment of the penalties under conditions that the court sets.
(C) if a defendant willfully fails to pay a penalty or any costs imposed by the court, the court may punish the failure as contempt of court.
(D) The penalties and costs imposed by the court constitute a judgment in favor of Montgomery County. If any penalty or cost is unpaid for 30 days after judgment is entered, the County may enforce the judgment in the same manner as any other civil judgment for money, or collect the judgment in the same manner as it collects real property taxes.
(6) Civil Matter. Adjudication of a civil citation is not a criminal proceeding, and a finding of guilty does not impose any civil disability ordinarily imposed by a criminal conviction.
(7) Effect of payment of penalty. The payment of a civil penalty without a court finding under this Section is not an admission of guilt in any County licensing or permit proceeding, but does establish the "initial offense" charged in the citation for the purpose of calculating repeat offenses under Section 1-19. To be a repeat offense, an offense must be committed within one year after an initial offense.
(d) Criminal Violations. The trial of criminal citations is governed by State law and rules of court.
(e) Correcting violations of law.
(1) The court may order the defendant to:
(A) refrain from further violations; and
(B) correct any condition that is a continuing violation of County law.
(2) The court may order the County to correct, at the defendant's expense, any condition that violates County law.
(3) If the County corrects a condition that violates County law, the County must send the defendant a bill for the cost of correction by regular mail to the defendant's last known address, or by any other means that is reasonably calculated to bring the bill to the defendant's attention. If the defendant does not pay the bill within 30 days after it is presented, the County may file a verified statement of the costs of correcting violations with the court.
(4) The court must enter judgment against the defendant for the cost of correcting violations. The County may enforce a judgment so entered in the same manner as any other civil judgment for money, or collect the judgment in the same manner as it collects real property taxes.
(f) Notice of Violation.
(1) An enforcement officer may issue a notice of violation before issuing a citation.
(2) A notice of violation must:
(A) be in writing;
(B) describe in general terms a remedial action which, if taken, will achieve compliance with County law;
(C) specify a reasonable time to perform any required remedial action; and
(D) inform the recipient that noncompliance with the required remedial action is likely to result in the issuance of a civil or criminal citation under subsection (b)(1) which the enforcement agency can enforce in a court with jurisdiction.
(3) This subsection does not prevent an enforcement officer from:
(A) issuing a citation at any time, including after an enforcement officer has issued a notice of violation under which time remains for remedial action to be taken; or
(B) pursuing any remedy under Section 1-20.
However, an enforcement officer may issue a citation before time remains to complete any required remedial action under the notice of violation only if the violation presents a danger to public safety, health, or property.
(4) A person may not appeal to the Board of Appeals a decision by an enforcement officer to issue or decline to issue a notice of violation under this subsection.
(5) This subsection does not apply if another County law expressly allows an enforcement officer to issue a notice of violation or warning before a citation is issued. (1983 L.M.C., ch. 22, § 1; 1983 L.M.C., ch. 31, § 1; 1984 L.M.C., ch. 24, § 1A; 1984 L.M.C., ch. 27, § 3; FY 1991 L.M.C., ch. 10, § 2; 2000 L.M.C., ch. 11, § 1; 2011 L.M.C., ch. 17, § 1; 2013 L.M.C., ch. 4, § 1.)
Editor’s note—2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
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