Anne Arundel County Unincorporated City Zoning Code
TITLE 17
ENFORCEMENT AND PENALTIES
§ 18-17-101. Junkyards; solid waste.
(a) Scope. This section does not apply to nonconforming uses registered in accordance with Title 15.
(b) Prohibition. Except as provided otherwise by this article, land may not be used partially or principally as a junkyard or for the disposal of solid waste.
(Bill No. 4-05)
§ 18-17-102. Inoperable and unregistered vehicles.
(a) Definition. For purposes of this section, the term "vehicle" means a motor vehicle, trailer, or boat.
(b) Scope. This section does not apply to the storage of vehicles as accessory to a marina or a service and sales facility or to the storage of unregistered vehicles within a roofed structure entirely enclosed on all sides.
(c) Prohibition. Except as provided otherwise by this article, land may not be used for the parking, storage, collection, accumulation, or abandonment of any inoperable, wrecked, partially dismantled, or destroyed vehicle or of any vehicle that does not display all information required by law, including a current registration plate and validation sticker.
(d) Exemption. No more than one vehicle on a lot may be exempted from the prohibition of section (c) if the property owner can demonstrate that the vehicle is:
(1) recently purchased, pending inspection, for a single period not to exceed 60 consecutive days;
(2) being advertised for sale, for a period not to exceed 60 consecutive days;
(3) actively being repaired to a permitted condition and that it will be registered within a 90-day period or within an extension of the period granted by the Planning and Zoning Officer after the filing of a written application showing good cause; or
(4) being held pending settlement of insurance, estate, or similar legal claims.
(Bill No. 4-05; Bill No. 65-17)
§ 18-17-103. Oversized vehicles on residentially zoned or developed lots.
(a) Scope. This section does not apply to recreational vehicles. For purposes of this section, the term “recreational vehicle” means a motor vehicle designed and constructed primarily to provide temporary living quarters for recreation, camping, or travel.
(b) Prohibition. Except as provided in subsection (c), a vehicle with a manufacturer’s gross vehicle weight rating of more than 10,000 pounds may not be parked on a residentially zoned or developed lot except for the purpose of providing temporary service.
(c) Exceptions.
(1) A vehicle of any gross vehicle rating may be parked on a residentially zoned or developed lot if the owner demonstrates that the vehicle is customarily used in connection with an existing lawful use.
(2) The owner of a lot or parcel located in an RA or RLD Zoning District with an agricultural use assessment from the State Department of Assessments and Taxation or an approved soil conservation and water quality plan from the Soil Conservation District may park or store a vehicle of any gross vehicle weight on the lot or parcel provided the vehicle is used as part of an active farming operation.
(Bill No. 78-05; Bill No. 62-23)
§ 18-17-104. Portable storage containers in residential districts.
Shipping or cargo containers, trailers, truck compartments, and similar portable storage containers are prohibited in residential districts for a period of more than 60 days unless used in connection with construction authorized by an active building permit issued by the Department of Inspections and Permits.
(Bill No. 4-05)
§ 18-17-201. Zoning violations; enforcement.
(a) What constitutes a zoning violation. It is a zoning violation for an owner, occupant, person in charge, or any other person to use or to permit another person to use property in violation of this article or to perform work for another person in violation of this article. Each day that a violation continues is a separate zoning violation.
(b) Who may file a complaint. Any person may file with the Office of Planning and Zoning a written complaint of a zoning violation.
(c) Duty to enforce. The Office of Planning and Zoning has the duty to investigate and respond to complaints of zoning violations and may take enforcement action against a person who commits a zoning violation.
(d) Cumulative remedies. The remedies available to the County under this title are cumulative and not alternative, and the decision to pursue one remedy does not preclude pursuit of any other remedy.
(1) The Office of Planning and Zoning may serve an administrative order on a person who has committed a zoning violation. The order shall direct the person to cure the violation described in the order within a specified time period. The order also shall advise the person of the right to appeal to the Board of Appeals within 15 days after service of the order, that failure to appeal results in an inability to contest the violation, and that violation of the order may result in civil or criminal penalties.
(2) (i) The order shall be served by delivery to the person; leaving a copy of the order with a person of suitable age and discretion at the person’s dwelling or place of business; or certified mail, restricted delivery, return receipt requested. If reasonable efforts to serve the person by one of these methods fail, service of the order may be accomplished by sending it by first class mail to the person at the person’s last known address and by posting a copy of the order on the land associated with the violation.
(ii) An order for an alleged violation on property with an agricultural use assessment or an approved soil and water quality plan from the Soil Conservation District shall be sent by certified mail, in addition to any other method allowed by this section.
(iii) Any person aggrieved by the order may appeal to the Board of Appeals within 15 days after service.
(b) Informal letters. Instead of an administrative order, the Office of Planning and Zoning may send an informal letter as notification that a zoning violation may exist. An informal letter does not constitute a final decision that a violation exists, and it is not appealable to the Board of Appeals.
(Bill No. 4-05; Bill No. 65-17; Bill No. 62-23)
§ 18-17-203. Civil fines and citations.
(a) How civil fine imposed; service. A civil fine may be imposed for a zoning violation through the issuance and prosecution of a civil citation in accordance with Land Use Article, §§ 11-201 through 11-209, of the State Code. Civil citations shall be served in accordance with Maryland Rule 3-121.
(b) Amount of fine. The civil fines for a zoning violation that occurs on property located in the critical area are $500 for the first violation and $1,000 for any subsequent violation. For a zoning violation that occurs on any other property other than for the posting of a temporary sign, the civil fines are $125 for the first violation, $500 for the second violation, and $1,000 for any subsequent violation. For the posting of a temporary sign, the civil fine is $125 for each violation.
(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07)
§ 18-17-204. Civil actions.
(a) Injunctive or other relief. The County at any time may file an action for injunctive or other appropriate relief for a zoning violation or for violation of an administrative order.
(b) Civil penalties. In an action for injunctive or other appropriate relief for a zoning violation or for violation of an administrative order, a court also may impose a civil penalty of up to $500 for each day that the zoning violation continued or that the administrative order was violated. A person is not subject to civil penalties for violations of an administrative order that occur during the pendency of an appeal of the order to the Board of Appeals or during subsequent judicial review of the Board's decision.
(c) Correction of zoning violations. In an action for injunctive or other appropriate relief for a zoning violation, a court may order that the County is authorized to enter a property and correct a zoning violation. The cost of such correction shall constitute a lien on the land and improvements, and shall become due and payable upon sale or title transfer by deed of the property. The Planning and Zoning Officer or the Director of Public Works, or their designees, shall send notice of the County's intent to correct the zoning violation, by certified or electronic mail, to the County Council member for the Councilmanic District in which the property in violation is located at least 10 days prior to the County taking action to correct the zoning violation.
(Bill No. 4-05; Bill No. 115-15; Bill No. 65-17; Bill No. 32-18)
§ 18-17-205. Private cause of action.
(a) Notice.
(1) An aggrieved property owner may seek relief for abatement of a zoning violation upon showing that the notice requirements of this subsection have been satisfied, unless the Office of Planning and Zoning gives notice to the aggrieved property owner within the time established under this subsection that the Office of Planning and Zoning intends to pursue enforcement remedies.
(2) An aggrieved property owner shall give notice of the zoning violation and of the aggrieved property owner's intent to bring an action under this section by certified mail, return receipt requested, to the owner of record, any tenant, and the Office of Planning and Zoning.
(3) The notice shall specify:
(i) the nature of the alleged zoning violation;
(ii) the location of the property where the zoning violation is allegedly occurring;
(iii) the location of the aggrieved property owner's property;
(iv) the specific relief sought; and
(v) the name and telephone number of the person to contact for additional information.
(4) If the Office of Planning and Zoning intends to pursue enforcement remedies, it shall give notice of its intention to the aggrieved property owner within 60 days of receipt of notice from the aggrieved property owner.
(b) Construction of section. This section may not be construed as granting standing for an action challenging any zoning application or approval.
(Bill No. 4-05; Bill No. 65-17)
Anne Arundel County Unincorporated City Zoning Code
TITLE 17
ENFORCEMENT AND PENALTIES
§ 18-17-101. Junkyards; solid waste.
(a) Scope. This section does not apply to nonconforming uses registered in accordance with Title 15.
(b) Prohibition. Except as provided otherwise by this article, land may not be used partially or principally as a junkyard or for the disposal of solid waste.
(Bill No. 4-05)
§ 18-17-102. Inoperable and unregistered vehicles.
(a) Definition. For purposes of this section, the term "vehicle" means a motor vehicle, trailer, or boat.
(b) Scope. This section does not apply to the storage of vehicles as accessory to a marina or a service and sales facility or to the storage of unregistered vehicles within a roofed structure entirely enclosed on all sides.
(c) Prohibition. Except as provided otherwise by this article, land may not be used for the parking, storage, collection, accumulation, or abandonment of any inoperable, wrecked, partially dismantled, or destroyed vehicle or of any vehicle that does not display all information required by law, including a current registration plate and validation sticker.
(d) Exemption. No more than one vehicle on a lot may be exempted from the prohibition of section (c) if the property owner can demonstrate that the vehicle is:
(1) recently purchased, pending inspection, for a single period not to exceed 60 consecutive days;
(2) being advertised for sale, for a period not to exceed 60 consecutive days;
(3) actively being repaired to a permitted condition and that it will be registered within a 90-day period or within an extension of the period granted by the Planning and Zoning Officer after the filing of a written application showing good cause; or
(4) being held pending settlement of insurance, estate, or similar legal claims.
(Bill No. 4-05; Bill No. 65-17)
§ 18-17-103. Oversized vehicles on residentially zoned or developed lots.
(a) Scope. This section does not apply to recreational vehicles. For purposes of this section, the term “recreational vehicle” means a motor vehicle designed and constructed primarily to provide temporary living quarters for recreation, camping, or travel.
(b) Prohibition. Except as provided in subsection (c), a vehicle with a manufacturer’s gross vehicle weight rating of more than 10,000 pounds may not be parked on a residentially zoned or developed lot except for the purpose of providing temporary service.
(c) Exceptions.
(1) A vehicle of any gross vehicle rating may be parked on a residentially zoned or developed lot if the owner demonstrates that the vehicle is customarily used in connection with an existing lawful use.
(2) The owner of a lot or parcel located in an RA or RLD Zoning District with an agricultural use assessment from the State Department of Assessments and Taxation or an approved soil conservation and water quality plan from the Soil Conservation District may park or store a vehicle of any gross vehicle weight on the lot or parcel provided the vehicle is used as part of an active farming operation.
(Bill No. 78-05; Bill No. 62-23)
§ 18-17-104. Portable storage containers in residential districts.
Shipping or cargo containers, trailers, truck compartments, and similar portable storage containers are prohibited in residential districts for a period of more than 60 days unless used in connection with construction authorized by an active building permit issued by the Department of Inspections and Permits.
(Bill No. 4-05)
§ 18-17-201. Zoning violations; enforcement.
(a) What constitutes a zoning violation. It is a zoning violation for an owner, occupant, person in charge, or any other person to use or to permit another person to use property in violation of this article or to perform work for another person in violation of this article. Each day that a violation continues is a separate zoning violation.
(b) Who may file a complaint. Any person may file with the Office of Planning and Zoning a written complaint of a zoning violation.
(c) Duty to enforce. The Office of Planning and Zoning has the duty to investigate and respond to complaints of zoning violations and may take enforcement action against a person who commits a zoning violation.
(d) Cumulative remedies. The remedies available to the County under this title are cumulative and not alternative, and the decision to pursue one remedy does not preclude pursuit of any other remedy.
(1) The Office of Planning and Zoning may serve an administrative order on a person who has committed a zoning violation. The order shall direct the person to cure the violation described in the order within a specified time period. The order also shall advise the person of the right to appeal to the Board of Appeals within 15 days after service of the order, that failure to appeal results in an inability to contest the violation, and that violation of the order may result in civil or criminal penalties.
(2) (i) The order shall be served by delivery to the person; leaving a copy of the order with a person of suitable age and discretion at the person’s dwelling or place of business; or certified mail, restricted delivery, return receipt requested. If reasonable efforts to serve the person by one of these methods fail, service of the order may be accomplished by sending it by first class mail to the person at the person’s last known address and by posting a copy of the order on the land associated with the violation.
(ii) An order for an alleged violation on property with an agricultural use assessment or an approved soil and water quality plan from the Soil Conservation District shall be sent by certified mail, in addition to any other method allowed by this section.
(iii) Any person aggrieved by the order may appeal to the Board of Appeals within 15 days after service.
(b) Informal letters. Instead of an administrative order, the Office of Planning and Zoning may send an informal letter as notification that a zoning violation may exist. An informal letter does not constitute a final decision that a violation exists, and it is not appealable to the Board of Appeals.
(Bill No. 4-05; Bill No. 65-17; Bill No. 62-23)
§ 18-17-203. Civil fines and citations.
(a) How civil fine imposed; service. A civil fine may be imposed for a zoning violation through the issuance and prosecution of a civil citation in accordance with Land Use Article, §§ 11-201 through 11-209, of the State Code. Civil citations shall be served in accordance with Maryland Rule 3-121.
(b) Amount of fine. The civil fines for a zoning violation that occurs on property located in the critical area are $500 for the first violation and $1,000 for any subsequent violation. For a zoning violation that occurs on any other property other than for the posting of a temporary sign, the civil fines are $125 for the first violation, $500 for the second violation, and $1,000 for any subsequent violation. For the posting of a temporary sign, the civil fine is $125 for each violation.
(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07)
§ 18-17-204. Civil actions.
(a) Injunctive or other relief. The County at any time may file an action for injunctive or other appropriate relief for a zoning violation or for violation of an administrative order.
(b) Civil penalties. In an action for injunctive or other appropriate relief for a zoning violation or for violation of an administrative order, a court also may impose a civil penalty of up to $500 for each day that the zoning violation continued or that the administrative order was violated. A person is not subject to civil penalties for violations of an administrative order that occur during the pendency of an appeal of the order to the Board of Appeals or during subsequent judicial review of the Board's decision.
(c) Correction of zoning violations. In an action for injunctive or other appropriate relief for a zoning violation, a court may order that the County is authorized to enter a property and correct a zoning violation. The cost of such correction shall constitute a lien on the land and improvements, and shall become due and payable upon sale or title transfer by deed of the property. The Planning and Zoning Officer or the Director of Public Works, or their designees, shall send notice of the County's intent to correct the zoning violation, by certified or electronic mail, to the County Council member for the Councilmanic District in which the property in violation is located at least 10 days prior to the County taking action to correct the zoning violation.
(Bill No. 4-05; Bill No. 115-15; Bill No. 65-17; Bill No. 32-18)
§ 18-17-205. Private cause of action.
(a) Notice.
(1) An aggrieved property owner may seek relief for abatement of a zoning violation upon showing that the notice requirements of this subsection have been satisfied, unless the Office of Planning and Zoning gives notice to the aggrieved property owner within the time established under this subsection that the Office of Planning and Zoning intends to pursue enforcement remedies.
(2) An aggrieved property owner shall give notice of the zoning violation and of the aggrieved property owner's intent to bring an action under this section by certified mail, return receipt requested, to the owner of record, any tenant, and the Office of Planning and Zoning.
(3) The notice shall specify:
(i) the nature of the alleged zoning violation;
(ii) the location of the property where the zoning violation is allegedly occurring;
(iii) the location of the aggrieved property owner's property;
(iv) the specific relief sought; and
(v) the name and telephone number of the person to contact for additional information.
(4) If the Office of Planning and Zoning intends to pursue enforcement remedies, it shall give notice of its intention to the aggrieved property owner within 60 days of receipt of notice from the aggrieved property owner.
(b) Construction of section. This section may not be construed as granting standing for an action challenging any zoning application or approval.