Burkittsville City Zoning Code

SECTION 9

27 An Ordinance Regulating "Code Enforcement," Codified At Burkittsville Code Section 1.22 Ordinance No 04--2002

Purpose. This Ordinance establishes municipal procedures for the processing of citizen complaints falling under Town ordinance infractions in every category except for those passed pursuant to Article 66B of the Maryland Code. Complaints and applications under Ordinances promulgated pursuant to Article 66B shall be processed according to the Planning & Zoning Regulations of the Town of Burkittsville, codified at Burkitt. Code, Art. 5 (“Land Use, Planning, Preservation & Restoration”).
Applicability. This Ordinance shall apply to all municipal infractions of Ordinances for which a “Penalty” has been proscribed. It shall not apply to criminal offenses under State or county law; all municipal infractions are civil offenses. All ordinances containing a clause are prima facie municipal infractions.
Written Complaints, Only. No Town official may entertain or act upon an oral complaint. To be a valid complaint pursuant to the laws of Burkittsville, the complainant must identify the property and the condition complained of, in writing, and present it to the Town Council by First Class Mail or in person at the regularly scheduled Town Meeting.
Council Review and Disposition. Once a non-Artic1e 66B complaint is filed, the Town Council shall review the complaint at a workshop or the very next Town Meeting. By resolution of the Town Council, the complaint will either be (1) deemed insufficient to trigger an infraction under the Town Code or (2) deemed sufficient to forward to the Town's Code Enforcement Officer for investigation and, if necessary, the issuance of a citation.
Issuance of Citation. Citations shall be delivered by the Code Enforcement Officer to the resident complained of, and a copy, of the Citation shall be posted for public inspection on The Burkittsville Bugle. Another copy of the Citation shall be filed with the Mayor. Citations shall include:
1. Name and address of person charged;
2. The nature of the infraction, including a cite to the Ordinance offended;
3. The location and time of infraction;
4. The amount of the infraction fine assessed and the amount that shall be due upon failure to make timely payment;
5. The manner, location and time in which the fine may be paid to the municipality; and
6. The right of the accused to elect to stand trial for the municipal infraction.
Remediation, and/or Mediation. Upon the issuance of a citation, the resident complained of shall have sixty (60) days to remedy the infraction and/or pay any associated fine(s). The Code Enforcement Officer may attempt mediation of the issue and an informal resolution of the problem, to the satisfaction of the Council. At the first Town Meeting following the expiration of the sixty (60) day grace period, the Code Enforcement Officer shall recommend either (1) extension of the grace period or (2) civil action pursuant to the terms of the offended Ordinance. The Town Council must approve, by resolution, an extension or civil action and forward such resolution to the Mayor. No extension shall be granted without the presentation of a compliance plan, signed by the resident complain of, and giving specific dates for correction of a problem. No formal hearings shall be heard on the issuance of a citation.
Election to Stand Trial. A person who receives a citation for an infraction may elect to stand trial before the Maryland courts. Notice of trial election must be given to the Mayor and Council within five (5) days of the first Town Meeting following the expiration of the sixty (60) day grace period. Upon receipt of such notice, the Mayor and Council shall forward a copy of the election of trial to the Maryland courts.
Failure to Remedy Issued Complained Of; Failure to Pay Fine. Fifteen (15) days following the failure to pay fines, the fines shall double. Upon failure of the person complained of to remedy the problem and/or pay the associated fine(s), the Town may proceed to the issuance of a Notice of Violation. The Notice of Violation is the Town's indication that it is taking an infraction to the Maryland courts.
Notice of Violation. If the Citation does not lead to compliance, the Officer – following approval of the Council – shall issue a Notice of Violation to the person complained of. The violation of any Town Code provision not specifically declared to be punishable as a municipal infraction may be evidenced by the issuance of a Notice of Violation as an alternative to arrest or obtaining of a warrant for such violation. The Code Enforcement Officer witnessing the violation shall be authorized to issue such Notice of Violation to the person complained of provided that the person consents voluntarily, in writing, to accept such Notice of Violation and to appear in court as provided herein.
Contents, Notice of Violation. The Notice of Violation shall contain and specify:
1. The violation – citing the Ordinance – with which the person complained of is charged;
2. The hour, date, location of the court for the county in which such person will be summoned to appear.
3. A place in which the person may endorse the notice by signing his or her name and address, indicating his or her receipt thereof and willingness to appear.
Rejection of Service. If the person does not willingly consent to the issuance of the Notice of Violation, the Code Enforcement Officer – based on the previous approval of the Council – shall proceed to request an arrest warrant in the manner provided by law. Upon issuance of the arrest warrant, the Mayor shall liaison with the Sheriff of Frederick County, to arrange for arrest. The Code Enforcement Officer shall make his proof of service to the court within thirty (30) days. Failure to make the proof of service shall not affect the validity of the Notice of Violation.
Civil Action. If civil action is taken and awards assessed by the Maryland courts, costs shall be remitted to the Town treasury, attorneys' fees shall be paid to the attorneys, and fines shall be exacted against the resident complained of in the form of a lien against the offending property.
Tilly Frank Proviso. In the event that any valid law, rule, or regulation of any governing authority having jurisdiction – including but not limited to the State of Maryland and the County of Frederick – contravenes the provisions of this Section, the provisions herein shall be superseded by any such valid law, rule or regulation only to the extent that the provisions herein are in conflict or contrary to any such law, rule or regulation.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following “Definitions,” Section 1.20 Town of Burkittsville Planning & Zoning Regulations 2 (1993) are hereby amended and/or added.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.

Burkittsville City Zoning Code

SECTION 9

27 An Ordinance Regulating "Code Enforcement," Codified At Burkittsville Code Section 1.22 Ordinance No 04--2002

Purpose. This Ordinance establishes municipal procedures for the processing of citizen complaints falling under Town ordinance infractions in every category except for those passed pursuant to Article 66B of the Maryland Code. Complaints and applications under Ordinances promulgated pursuant to Article 66B shall be processed according to the Planning & Zoning Regulations of the Town of Burkittsville, codified at Burkitt. Code, Art. 5 (“Land Use, Planning, Preservation & Restoration”).
Applicability. This Ordinance shall apply to all municipal infractions of Ordinances for which a “Penalty” has been proscribed. It shall not apply to criminal offenses under State or county law; all municipal infractions are civil offenses. All ordinances containing a clause are prima facie municipal infractions.
Written Complaints, Only. No Town official may entertain or act upon an oral complaint. To be a valid complaint pursuant to the laws of Burkittsville, the complainant must identify the property and the condition complained of, in writing, and present it to the Town Council by First Class Mail or in person at the regularly scheduled Town Meeting.
Council Review and Disposition. Once a non-Artic1e 66B complaint is filed, the Town Council shall review the complaint at a workshop or the very next Town Meeting. By resolution of the Town Council, the complaint will either be (1) deemed insufficient to trigger an infraction under the Town Code or (2) deemed sufficient to forward to the Town's Code Enforcement Officer for investigation and, if necessary, the issuance of a citation.
Issuance of Citation. Citations shall be delivered by the Code Enforcement Officer to the resident complained of, and a copy, of the Citation shall be posted for public inspection on The Burkittsville Bugle. Another copy of the Citation shall be filed with the Mayor. Citations shall include:
1. Name and address of person charged;
2. The nature of the infraction, including a cite to the Ordinance offended;
3. The location and time of infraction;
4. The amount of the infraction fine assessed and the amount that shall be due upon failure to make timely payment;
5. The manner, location and time in which the fine may be paid to the municipality; and
6. The right of the accused to elect to stand trial for the municipal infraction.
Remediation, and/or Mediation. Upon the issuance of a citation, the resident complained of shall have sixty (60) days to remedy the infraction and/or pay any associated fine(s). The Code Enforcement Officer may attempt mediation of the issue and an informal resolution of the problem, to the satisfaction of the Council. At the first Town Meeting following the expiration of the sixty (60) day grace period, the Code Enforcement Officer shall recommend either (1) extension of the grace period or (2) civil action pursuant to the terms of the offended Ordinance. The Town Council must approve, by resolution, an extension or civil action and forward such resolution to the Mayor. No extension shall be granted without the presentation of a compliance plan, signed by the resident complain of, and giving specific dates for correction of a problem. No formal hearings shall be heard on the issuance of a citation.
Election to Stand Trial. A person who receives a citation for an infraction may elect to stand trial before the Maryland courts. Notice of trial election must be given to the Mayor and Council within five (5) days of the first Town Meeting following the expiration of the sixty (60) day grace period. Upon receipt of such notice, the Mayor and Council shall forward a copy of the election of trial to the Maryland courts.
Failure to Remedy Issued Complained Of; Failure to Pay Fine. Fifteen (15) days following the failure to pay fines, the fines shall double. Upon failure of the person complained of to remedy the problem and/or pay the associated fine(s), the Town may proceed to the issuance of a Notice of Violation. The Notice of Violation is the Town's indication that it is taking an infraction to the Maryland courts.
Notice of Violation. If the Citation does not lead to compliance, the Officer – following approval of the Council – shall issue a Notice of Violation to the person complained of. The violation of any Town Code provision not specifically declared to be punishable as a municipal infraction may be evidenced by the issuance of a Notice of Violation as an alternative to arrest or obtaining of a warrant for such violation. The Code Enforcement Officer witnessing the violation shall be authorized to issue such Notice of Violation to the person complained of provided that the person consents voluntarily, in writing, to accept such Notice of Violation and to appear in court as provided herein.
Contents, Notice of Violation. The Notice of Violation shall contain and specify:
1. The violation – citing the Ordinance – with which the person complained of is charged;
2. The hour, date, location of the court for the county in which such person will be summoned to appear.
3. A place in which the person may endorse the notice by signing his or her name and address, indicating his or her receipt thereof and willingness to appear.
Rejection of Service. If the person does not willingly consent to the issuance of the Notice of Violation, the Code Enforcement Officer – based on the previous approval of the Council – shall proceed to request an arrest warrant in the manner provided by law. Upon issuance of the arrest warrant, the Mayor shall liaison with the Sheriff of Frederick County, to arrange for arrest. The Code Enforcement Officer shall make his proof of service to the court within thirty (30) days. Failure to make the proof of service shall not affect the validity of the Notice of Violation.
Civil Action. If civil action is taken and awards assessed by the Maryland courts, costs shall be remitted to the Town treasury, attorneys' fees shall be paid to the attorneys, and fines shall be exacted against the resident complained of in the form of a lien against the offending property.
Tilly Frank Proviso. In the event that any valid law, rule, or regulation of any governing authority having jurisdiction – including but not limited to the State of Maryland and the County of Frederick – contravenes the provisions of this Section, the provisions herein shall be superseded by any such valid law, rule or regulation only to the extent that the provisions herein are in conflict or contrary to any such law, rule or regulation.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following “Definitions,” Section 1.20 Town of Burkittsville Planning & Zoning Regulations 2 (1993) are hereby amended and/or added.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.

Burkittsville City Zoning Code

SECTION 9

27 An Ordinance Regulating "Code Enforcement," Codified At Burkittsville Code Section 1.22 Ordinance No 04--2002

Purpose. This Ordinance establishes municipal procedures for the processing of citizen complaints falling under Town ordinance infractions in every category except for those passed pursuant to Article 66B of the Maryland Code. Complaints and applications under Ordinances promulgated pursuant to Article 66B shall be processed according to the Planning & Zoning Regulations of the Town of Burkittsville, codified at Burkitt. Code, Art. 5 (“Land Use, Planning, Preservation & Restoration”).
Applicability. This Ordinance shall apply to all municipal infractions of Ordinances for which a “Penalty” has been proscribed. It shall not apply to criminal offenses under State or county law; all municipal infractions are civil offenses. All ordinances containing a clause are prima facie municipal infractions.
Written Complaints, Only. No Town official may entertain or act upon an oral complaint. To be a valid complaint pursuant to the laws of Burkittsville, the complainant must identify the property and the condition complained of, in writing, and present it to the Town Council by First Class Mail or in person at the regularly scheduled Town Meeting.
Council Review and Disposition. Once a non-Artic1e 66B complaint is filed, the Town Council shall review the complaint at a workshop or the very next Town Meeting. By resolution of the Town Council, the complaint will either be (1) deemed insufficient to trigger an infraction under the Town Code or (2) deemed sufficient to forward to the Town's Code Enforcement Officer for investigation and, if necessary, the issuance of a citation.
Issuance of Citation. Citations shall be delivered by the Code Enforcement Officer to the resident complained of, and a copy, of the Citation shall be posted for public inspection on The Burkittsville Bugle. Another copy of the Citation shall be filed with the Mayor. Citations shall include:
1. Name and address of person charged;
2. The nature of the infraction, including a cite to the Ordinance offended;
3. The location and time of infraction;
4. The amount of the infraction fine assessed and the amount that shall be due upon failure to make timely payment;
5. The manner, location and time in which the fine may be paid to the municipality; and
6. The right of the accused to elect to stand trial for the municipal infraction.
Remediation, and/or Mediation. Upon the issuance of a citation, the resident complained of shall have sixty (60) days to remedy the infraction and/or pay any associated fine(s). The Code Enforcement Officer may attempt mediation of the issue and an informal resolution of the problem, to the satisfaction of the Council. At the first Town Meeting following the expiration of the sixty (60) day grace period, the Code Enforcement Officer shall recommend either (1) extension of the grace period or (2) civil action pursuant to the terms of the offended Ordinance. The Town Council must approve, by resolution, an extension or civil action and forward such resolution to the Mayor. No extension shall be granted without the presentation of a compliance plan, signed by the resident complain of, and giving specific dates for correction of a problem. No formal hearings shall be heard on the issuance of a citation.
Election to Stand Trial. A person who receives a citation for an infraction may elect to stand trial before the Maryland courts. Notice of trial election must be given to the Mayor and Council within five (5) days of the first Town Meeting following the expiration of the sixty (60) day grace period. Upon receipt of such notice, the Mayor and Council shall forward a copy of the election of trial to the Maryland courts.
Failure to Remedy Issued Complained Of; Failure to Pay Fine. Fifteen (15) days following the failure to pay fines, the fines shall double. Upon failure of the person complained of to remedy the problem and/or pay the associated fine(s), the Town may proceed to the issuance of a Notice of Violation. The Notice of Violation is the Town's indication that it is taking an infraction to the Maryland courts.
Notice of Violation. If the Citation does not lead to compliance, the Officer – following approval of the Council – shall issue a Notice of Violation to the person complained of. The violation of any Town Code provision not specifically declared to be punishable as a municipal infraction may be evidenced by the issuance of a Notice of Violation as an alternative to arrest or obtaining of a warrant for such violation. The Code Enforcement Officer witnessing the violation shall be authorized to issue such Notice of Violation to the person complained of provided that the person consents voluntarily, in writing, to accept such Notice of Violation and to appear in court as provided herein.
Contents, Notice of Violation. The Notice of Violation shall contain and specify:
1. The violation – citing the Ordinance – with which the person complained of is charged;
2. The hour, date, location of the court for the county in which such person will be summoned to appear.
3. A place in which the person may endorse the notice by signing his or her name and address, indicating his or her receipt thereof and willingness to appear.
Rejection of Service. If the person does not willingly consent to the issuance of the Notice of Violation, the Code Enforcement Officer – based on the previous approval of the Council – shall proceed to request an arrest warrant in the manner provided by law. Upon issuance of the arrest warrant, the Mayor shall liaison with the Sheriff of Frederick County, to arrange for arrest. The Code Enforcement Officer shall make his proof of service to the court within thirty (30) days. Failure to make the proof of service shall not affect the validity of the Notice of Violation.
Civil Action. If civil action is taken and awards assessed by the Maryland courts, costs shall be remitted to the Town treasury, attorneys' fees shall be paid to the attorneys, and fines shall be exacted against the resident complained of in the form of a lien against the offending property.
Tilly Frank Proviso. In the event that any valid law, rule, or regulation of any governing authority having jurisdiction – including but not limited to the State of Maryland and the County of Frederick – contravenes the provisions of this Section, the provisions herein shall be superseded by any such valid law, rule or regulation only to the extent that the provisions herein are in conflict or contrary to any such law, rule or regulation.
Superseded Laws. All Town Ordinances or parts of Ordinances in conflict with this Section are hereby repealed to the extent of such conflict. Specifically, but not entirely, the following “Definitions,” Section 1.20 Town of Burkittsville Planning & Zoning Regulations 2 (1993) are hereby amended and/or added.
Failure of Government. No individual is exempt from the provisions of this Section by reason of any failure on the part of the Mayor, the Council, or their agents.
Penalty. Any person violating or failing to comply with this section or any provision thereof, shall, on conviction, forfeit and pay a fine of Five Hundred ($500.00) Dollars, excluding costs of enforcement through the courts. Adjudged offenders shall be responsible for attorneys' fees and court costs. The Mayor and Council may, upon discovering activity not in accordance with this Ordinance, apply to the Maryland courts for relief against the offending party.