Berwyn Heights City Zoning Code
PART 27
8 ENFORCEMENT
27-8101. Generally
(a)
All use of the property shall be in conformance with the temporary use permit or the use and occupancy permit, including the accompanying plans.
(b)
When an occupant vacates premises, and a different occupancy assumes possession of such premises, the new occupant is required to obtain a use and occupancy permit, regardless of whether the use has changed.
(c)
No temporary use permit shall be issued except in accordance with the procedures of Section 27-3607, Temporary Use Permit.
(d)
No use and occupancy permit shall be issued by the Department of Permitting, Inspections, and Enforcement until after the expiration of the specified appeal period from a Planning Board decision concerning the subject property of the permit, unless the right of appeal has been waived; nor shall any permit be issued during the pendency of any appeal to, or review by, the BOA, Zoning Hearing Examiner, or the District Council.
(e)
The Chief of Police and the Fire Chief are authorized to direct the Police Department and the Fire/Emergency Medical Services Department, respectively, to take all immediate reasonable and necessary action to cease and desist the operation of any activity requiring a temporary use permit or use and occupancy permit when such permit has not been issued.
(f)
The Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement are authorized to direct the Police Department, the Fire/Emergency Medical Services Department, and the Department of Permitting, Inspections, and Enforcement, respectively, to take all immediate and necessary action to cease and desist the operation of any activity requiring a temporary use permit or a use and occupancy permit when such permit has been issued and is not in compliance with the provisions of this Part and all applicable temporary and use and occupancy provisions of the Zoning Ordinance.
(g)
The Chief of Police and the Fire Chief are authorized to direct the Police Department and the Fire/Emergency Medical Services Department respectively, to take all immediate reasonable and necessary action to cease and desist the operation of any activity requiring a temporary use permit or use and occupancy permit when the activity is found to present an imminent danger and threat to the health, safety, and welfare of the public by not doing so, that there are no other mitigating actions to be taken to resolve the imminent danger and threat to the health, safety, and welfare of the public, and that there are no other reasonable means of preventing further danger and threat to the health, safety, and welfare of the public resulting from the continuation of the activity.
(h)
Immediate reasonable and necessary action shall include, but not be limited to: entering the building, structure, and land; securing the building, structure, and land; removing the occupants of the building, structure, and land; padlocking the building, structure, and land; and preventing the use and occupancy of the building, structure, and land.
(i)
Actions taken pursuant to Sections 27-8101(e), (f), and (g), above, shall remain in force and effect unless amended or vacated by a decision of the Zoning Hearing Examiner in accordance with Section 27-8204(g) or by a decision of a court of competent jurisdiction.
27-8201. Authorization
(a)
The Department of Permitting, Inspections, and Enforcement and, when specified, the Police Department, and the Fire/Emergency Medical Services Department shall have the duty of enforcing the requirements of this Subtitle.
(b)
27-8202. Inspections and Complaints
(a)
The Department of Permitting, Inspections, and Enforcement, and when specified, pursuant to Sections 27-8101(e), (f), and (g) of the Zoning Ordinance, the Police Department and the Fire/Emergency Medical Services Department shall conduct a Zoning Enforcement Program to assure continuing compliance with the Zoning Ordinance.
(b)
Inspections shall primarily be programmed on an area-by-area basis, but shall also include the investigation of individual complaints from private sources of alleged zoning violations. All complaints shall be submitted to the Department, and when specified, to the Police Department and the Fire/Emergency Medical Services Department.
27-8203. Enforcement Procedures
(a)
Erection of Building or Structure
When it determines that a violation of this Subtitle has occurred with respect to the erection of a building or other structure, the Department shall order the work to stop and shall post the building or structure with a “Stop Work” order form. The owner or builder shall also be given formal written notice of the “Stop Work” order. No work shall proceed after posting, except to correct the violation and continue in full compliance with the provisions of this Subtitle. If the work does not stop, or corrective action has not been completed within five (5) business days of posting (or another greater grace period determined by the Department), the Department shall take appropriate action against the violator.
(b)
Use
- (1)Notwithstanding the provisions of PART 27-3: Administration, and PART 27-7: Nonconforming Buildings, Structures, Uses, Lots, and Signs, of the Zoning Ordinance, when it determines that a violation of this Subtitle has occurred with respect to the use of any building, structure, or land, or there is a failure to obtain a use and occupancy permit, with the exception of violations of Sections 27-5303(b)(3), (4), (5), (9), (14), and (16), the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, directing that the violation cease. If, at the expiration of five (5) business days of the notice (or another greater period determined by the Department), the violation has not ceased, the Department shall take appropriate action against the violator. If it is not possible to serve the notice, the building, structure, or land shall be posted with the notice.
- (2)When it determines that a violation of Sections 27-5303(b)(3), (4), (5), (9), (14), and (16) has occurred with respect to the use of any building, structure, or land, the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, and upon the person, firm, or corporation conducting the activities, directing that the violation cease. If, at the expiration of fourty-eight (48) hours of the notice, the violation has not ceased or a temporary use and occupancy permit has not been issued, the Department of Permitting, Inspections, and Enforcement shall notify the Police Department to take appropriate action against the violator, as set forth below.
- (A)A police officer shall direct the violator to remove all goods and equipment from the property. If the violator fails to obey said direction and continues in violation of this Subtitle, the equipment and goods shall be removed by the Department of Permitting, Inspections, and Enforcement and taken to a designated County facility.
- (B)Goods and equipment removed pursuant to this provision may be claimed by their owner on the next business day or within fifteen (15) days thereafter upon payment of any fine which has not been appealed. Any goods or equipment not claimed by the owner within fifteen (15) days shall be deemed abandoned and shall become the property of the County.
- (C)The Department of Permitting, Inspections, and Enforcement shall have no responsibility to preserve or protect any equipment or goods removed under this Section.
- (D)A violation notice issued for the conducting of activities without a temporary use and occupancy permit shall serve as notice of a continuing violation by those persons at the subject site or any other site within the County, and no further notice of violation need be issued prior to utilizing the procedures in subparagraphs (A) and (B), above.
- (3)When it determines that a violation has occurred with respect to the use of any building, structure, or land for an adult use, the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, and upon the person, firm, or corporation conducting the activities, directing that the violation cease. If, at the expiration of forty-eight (48) hours of the notice, the violation has not ceased, the Department shall notify the Police Department to take appropriate action against the violator as set forth below.
- (A)A police officer may direct the violator to discontinue operation as an adult use.
- (B)If the violation continues, the violator shall be deemed to be guilty of a misdemeanor and, upon confiction thereof, shall be subject to a fine of Five Hundred Dollars ($500.00), or imprisonment in jail for a period of not more than six (6) months, or both such fine and imprisonment.
(c)
Repeated Violation
- (1)A grace period for correction of a civil violation need not be given in the case of a subsequent, repeated violation of the same provision of this Subtitle by the same violator. A “repeated violation,” for the purposes of this Subsection, may take place at a location which is identical to or different from the first violation within a thirty-six (36) month period from the first violation. If it determines that a repeated violation has occurred, the Department can immediately take appropriate action against the violator.
- (2)Notwithstanding the provisions of Subtitle 28, Section 28-111 of this Code, repeated violations for operating outside the scope of a valid use and occupancy permit shall be subject to a fine of One Thousand Dollars ($1,000.00) for each “repeated violation.”
27-8204. Expedited Enforcement Procedures
(a)
The Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement shall establish policies, rules, and procedures to implement this Part.
(b)
Notwithstanding the provisions of Section 27-8203, Enforcement Procedures, when the Chief of Police, the Fire Station, or the Director of the Department of Permitting, Inspections, and Enforcement determine that a violation has occurred with respect to the use of any building, structure, or land, or there is a failure to obtain a use and occupancy permit, the Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement are authorized to direct the Police Department, the Fire/Emergency Medical Services Department, and the Department of Permitting, Inspections, and Enforcement, respectively, to issue a written violation notice directing that the violation cease and that all activities in the building, structure, and on the land cease pending a hearing before the Zoning Hearing Examiner in accordance with Section 27-8204(g), below.
(c)
The Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement shall provide the written violation notice, issued pursuant to Section 27-8204, Expedited Enforcement Procedures, to one (1) of the following: the owner, general agent, or lessee of the building, structure, or land; the person, firm, or corporation conducting the activities; or any person in the building, structure, or on the land that directs, manages, or is in control or is in apparent control or management of the activity or activities on the property. In the event that no person or no person representing entities set forth in this Section are present or any person or any person representing entities set forth in this Section flees when the activity or activities take place and the written violation notice is being issued, the written violation notice shall be posted on the building, structure, or on the land in which or upon which the activity or activities took place, directing that the violation cease and that all activities in the building, structure, or on the land cease pending a hearing before the Zoning Hearing Examiner in accordance with Section 27-8204(g), below. Posting of the issued written notice shall be deemed to be constructive notice to the owner, general agent, or lessee of the building, structure, or land; the person, firm, or corporation conducting the activities; or any person in the building, structure, or on the land that directs, manages, or is in control or is in apparent control or management of the building, structure, or on the land in which or upon which the activity or activities took place.
(d)
For violations of Sections 27-8101(e), (f), and (g) of the Zoning Ordinance, the owner, general agent, or lessee of the building, structure, or land, the person, firm, or corporation conducting the activities, or any person in the building, structure, or on the land that directs, manages, or is in control or is in apparent control or management of the building, structure, or on the land in which or upon which the activity or activities took place may request a hearing before the Zoning Hearing Examiner. The Zoning Hearing Examiner shall commence a hearing within four (4) days following receipt of the request for a hearing.
(e)
The Zoning Hearing Examiner shall provide a hearing on the record.
(f)
The enforcement action of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement shall not be stayed during the pendency of the hearing.
(g)
The Zoning Hearing Examiner shall render a decision on the enforcement action within two (2) days after the conclusion of the hearing on the record. The decision shall include the following findings of fact: whether a use and occupancy permit has been issued for the use alleged to be in violation; whether the activity in the building, structure, or on the land in which the activity took place is in compliance with any existing use and occupancy permits; whether there was an imminent danger and threat to the public health, safety, and welfare, and whether the activity constitutes a continuing threat to the public health, safety, and welfare.
(h)
The Zoning Hearing Examiner may reverse, modify, or remand the decision of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement, respectively, only if the decision of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement, respectively, is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence.
(i)
The enforcement action of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement, respectively, shall terminate or continue according to the determination of the Zoning Hearing Examiner.
(j)
Any party aggrieved by a decision of the Zoning Hearing Examiner may appeal the decision to the Circuit Court for Prince George’s County, Maryland. The appeal shall proceed in accordance with the provisions of Title 7 of the Maryland Rules of Procedure.
27-8205. Computation of Time Pursuant to this Part
For purposes of computing a period of time pursuant to the provisions of this Part, the day of the act, event, or default, after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless:
- (a)It is a Sunday or a legal holiday, in which event the period runs until the end of the next day, which is neither a Sunday or a holiday; or
- (b)The act to be done is the filing of some paper in court and the office of the clerk of said court on said last day of the period is not open, or is closed for a part of a day, in which event, the period runs until the end of the next day which is neither a Sunday, Saturday, a legal holiday, or a day on which the said office is not open the entire day during ordinary business hours. When the period of time allowed is more than seven (7) days, intermediate Sundays and holidays shall be considered as other days; but if the period of time allowed is seven (7) days or less, intermediate Sundays and holidays shall not be counted in computing the period of time.
27-8206. Penalties
(a)
Any person may be liable for a civil fine (provided for in Subtitle 28: Civil Monetary Fines or Penalties, of the Code) or be prosecuted for a misdemeanor if he:
- (1)Erects, maintains, or uses any structure or land in violation of any portion of the Zoning Ordinance;
- (2)Violates any order issued in accordance with this Subtitle; or
- (3)Fails to erect structures or use land in accordance with the provisions of this Subtitle.
(b)
If a person is convicted of a misdemeanor, the violator shall be subject to a fine of Five Hundred Dollars ($500.00) or up to ninety (90) days imprisonment, or both, in the discretion of the Court. The application of the penalty shall not preclude abatement of the violation through appropriate proceedings in equity.
(c)
If the violation is of a continuing nature, each and every day during which the violation continues is a separate violation. Each violation issued within a thirty-six (36) month period from the first violation to the same person will be considered a violation of a continuing nature.
(d)
Relation to Subtitle 28: Civil Monetary Fines or Penalties:
- (1)The County Attorney has been authorized to prosecute violations noted herein in accordance with the provisions of Subtitle 28: Civil Monetary Fines or Penalties.
- (2)Subtitle 28: Civil Monetary Fines or Penalties, also sets forth the procedures, fines, and penalties for the enforcement of, and all violations of this Ordinance.
27-8207. Extension of Grace Period
The Board of Zoning Appeals may grant additional time to correct a violation in accordance with Section 27-3616, Appeal to Board of Appeals (BOA),
27-8301. Fee Regulations
(a)
In General
A payment instrument covering all applicable fees shall accompany the application, made payable to Prince George’s County, Maryland or the Maryland-National Capital Park and Planning Commission.
(b)
Alternative Compliance
- (1)Upon filing an application for Alternative Compliance, the applicant (or his agent) shall pay a fee to the Planning Board to help defray the costs related to processing the application.
- (2)The schedule of fees shall be determined by the District Council.
- (3)A reduction in the fee may be permitted by the Planning Board if it finds that payment will be an undue hardship on the applicant.
(c)
Zoning Map Amendments
- (1)Base Zones. The applicant shall remit a fee of Five Thousand Dollars ($5,000.00) plus Two Hundred Dollars ($200.00) per acre up to and including ten (10) acres, plus One Hundred Dollars ($100.00) for each additional acre.
- (2)Planned Development Zones. The applicant shall remit a fee of Five Thousand Dollars ($5,000.00) plus Two Hundred Dollars ($200.00) per acre up to and including fifty (50) acres, plus One Hundred Dollars ($100.00) for each additional acre.
- (3)Chesapeake Bay Critical Area Overlay Zone.
- (A)If no changes are proposed to the underlying zoning, the applicant shall remit a fee of Five Thousand Dollars ($5,000.00), plus Two Hundred Dollars ($200.00) per acre up to and including ten (10) acres, plus One Hundred Dollars ($100.00) for each additional acre.
- (B)If changes to the underlying zone are proposed, the applicant shall remit the fee stated in Section 27-8301(c)(2), above.
- (C)The total fee shall not exceed Sixty Thousand Dollars ($60,000.00).
(d)
Special Exceptions
- (1)The following table describes the fee ratings, H (high), M (medium), and L (low), for various special exceptions in the Zoning Ordinance. The ratings for the special exceptions are indicative of the time and effort necessary for the review of the specific application.
- (2)The following fees per impact level shall apply:
- (A)For low impact uses, the fee is Two Thousand, Five Hundred Dollars ($2,500.00) up to and including fifty (50) acres, plus Fifty Dollars ($50.00) per acre over fifty (50) acres.
- (B)For medium impact uses, the fee is Four Thousand Dollars ($4,000.00) up to and including fifty (50) acres, plus Fifty Dollars ($50.00) per acre over fifty (50) acres.
- (C)For high impact uses, the fee is Five Thousand, Five Hundred Dollars ($5,500.00) up to and including fifty (50) acres, plus Fifty Dollars ($50.00) per acre over fifty (50) acres.
- (D)For a mobile home as a single-family dwelling, the fee is Two Hundred Dollars ($200.00).
- (E)For a day care center in a single-family residence, the fee is One Hundred Dollars ($100.00).
- (F)There shall be no fee for a special exception application filed by a place of worship.
- (e)Revision of a Special Exception Site Plan
The fee is one-half of the original fee.
- (f)Departures
- (1)The fee for single-family attached or detached units, not exceeding ten (10) acres, is One Hundred Dollars ($100.00).
- (2)For all other applications, the fee is Two Thousand Dollars ($2,000.00).
- (g)Certification of Nonconforming Uses
- (1)For a maximum of two houses on one lot, the fee is One Hundred Dollars ($100.00)
- (2)For each mobile home, the fee is One Hundred Dollars ($100.00).
- (3)For places of worship, there shall be no fee.
- (4)For all other uses, the fee is One Thousand Dollars ($1,000.00).
- (5)For a revision of site plan for a nonconforming use, one half of the original fee.
- (h)Tree Conservation Plans
- (1)Upon filing a Tree Conservation Plan, the applicant (or his agent) shall pay to the Planning Board a fee to help defray the costs related to processing the application.
- (2)The fee schedule shall be determined by the District Council.
- (3)The Planning Board may permit a reduction in the fee if the Board finds that payment will be an undue hardship on the applicant.
- (i)Conservation Plan
- (1)Upon filing a Conservation Plan, the applicant (or his agent) shall pay to the Planning Board a fee to help defray the costs related to processing the application.
- (2)The fee schedule shall be determined by the District Council.
- (3)The Planning Board may permit a reduction in the fee if the Board finds that payment will be an undue hardship on the applicant.
- (j)Zoning Certification Letters
- (1)Upon requesting a Zoning Certification Letter, a letter signed by the Planning Department staff certifying that a use or structure on a given piece of property is allowed as a permissible use in accordance with the existing zoning, the applicant (or his agent) shall pay to the Planning Board a fee to help defray the costs related to processing the application.
- (2)The applicant shall remit a fee of $200 per address, Tax ID number, parcel, or lot.
- (3)The Planning Board may permit a reduction in the fee if the Board finds that payment will be an undue hardship on the applicant.
- (k)Variances
- (1)For existing single-family attached and detached residences, the applicant shall remit a fee of Two Hundred Dollars ($200.00).
- (2)For single-family attached and detached residences that are proposed, newly constructed, or under construction, the applicant shall remit a fee of Five Hundred Dollars ($500.00).
- (3)For all other structures, the applicant shall remit a fee of One Thousand, Five Hundred Dollars ($1,500.00).
- (4)For places of worship in conjunction with a special exception, there shall be no fee.
- (l)Zoning Ordinance Interpretations
The fee shall be Four Hundred Eighty Dollars ($480) for each application for a Zoning Ordinance interpretation.
- (m)Authorization of Permit within Proposed Right-of-Way
The fee shall be Five Hundred Dollars ($500) for each application for authorization of a permit within a proposed right-of-way.
- (n)Validation of Permit Issued in Error
The fee shall be One Hundred Dollars ($100) for each application for the validation of a permit issued in error.
- (o)Other Related Fees; Refunds
- (1)Sign Posting Fees
- (A)In addition to the filing fee, a fee of Forty Dollars ($40.00) shall be paid for posting each public notice sign for:
- (i)Applications processed and/or decided by the Board of Appeals;
- (ii)
Validations of permits issued in error (Section 27-3615) processed by the Zoning Hearing Examiner and decided by the District Council; or
- (iii)
Authorizations of permits within proposed rights-of-way (Section 27-3617) processed by the Zoning Hearing Examiner and decided by the District Council.
- (B)For all other applications, the applicant shall be responsible for all costs associated with the sign posting requirements of this Ordinance.
- (C)The Department of Permitting, Inspections, and Enforcement shall not be required to pay a sign posting fee for any application or petition filed.
- (2)Revision of Approved Plan Fees
With the filing of each application for the revision of an approved plan, a fee equal to fifty percent (50%) of the filing fee, shall be paid, except as otherwise provided.
- (3)Fees for Amendment of Applications
- (A)If an application is amended by increasing the total area of the property, the appropriate additional fees (including filing and sign posting fees) for the additional land shall be paid (except where this land was the subject of another application that was withdrawn for the purpose of adding the land to the subject application).
- (B)If an application is amended by requesting a different zoning classification or special exception use, and if the new zone or special exception use has a greater filing fee than previously requested, the difference shall be paid.
- (4)Refunds and waivers
- (A)No part of a fee shall be refunded or waived unless the Planning Board, Board of Appeals, or Zoning Hearing Examiner, as applicable determines that one (1) of the following applies:
- (i)The fee was paid by mistake, and the applicant has requested (in writing) a refund.
- (ii)The application is filed by (or on behalf of) any department or agency of the County, or any municipal, State, or Federal government, except as otherwise provided.
- (iii)Filing Fee (Original Application)
- (aa)A request to withdraw an application is received in proper form prior to the release of the Technical Staff Report. In this case, fifty percent (50%) of the filing fee shall be refunded.
- (bb)A request to withdraw an application is received in proper form after the public release of the Technical Staff Report. In this case, twenty-five percent (25%) of the filing fee shall be refunded.
- (iv)An error was made on an approved application through governmental action, and the filing of an additional application is necessary to correct the error. In this case, all fees may be refunded.
- (v)An application is filed and property rezoned because of a clear mistake by a governmental agency in the adoption of a Sectional Map Amendment. In this case, the Council may direct the refunding of all fees.
- (vi)Sign Posting Fee
- (aa)The application is withdrawn prior to the posting of the sign. In this case, the entire sign posting fee shall be refunded.
- (bb)The application is withdrawn after the posting of the sign(s). In this case no portion of the sign posting fee shall be refunded.
- (B)The refund provisions of Subparagraph 27-8301(l)(4)(A)(iii), above, shall not apply to:
- (i)Any application which is for property within the boundaries of a Sectional Map Amendment and the application was pending upon transmittal of the Sectional Map Amendment to the District Council (provided the Sectional Map Amendment is approved by the District Council); or
- (ii)Any portion of property subject to a Zoning Map Amendment application which has been withdrawn and then added by amendment to another application on adjoining land. That portion of the property which was withdrawn (but not added to the other application) shall be entitled to a refund under the provisions of subparagraph 27-8301(l)(4)(A)(iii), above.
- (5)Application in a Revitalization Tax Credit District
With the filing of each application in a Revitalization Tax Credit District, the fee equal to fifty percent (50%) of the standard fee shall be paid.
- (p)Deferred Parking
The applicant shall remit a fee of $250 for single-family detached dwellings and townhouse dwellings located on property (including the sum of multiple lots or parcels) not exceeding 10 acres in size, and $500 for any other development, for any requests for deferred parking pursuant to Section 27-6307(f) of this Ordinance.
- (q)
Filing Appeal or Variance Application to Board of Appeals
- (1)The fee for an extension of time to cease or correct a zoning violation shall be:
- (A)If residential property is involved, one hundred dollars ($100.00).
- (B)For all other requests of time, two hundred dollars ($200.00).
- (2)The fee for all other zoning appeals shall be three hundred dollars ($300.00).