(a)

The provisions of this chapter shall be enforced by the zoning administrator who shall be appointed by the mayor and city council. It shall be the duty of the zoning administrator to keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved. All plans and documents filed in connection with any application shall become part of the record of his office. The zoning administrator may be provided with the assistance of such other persons as the mayor and city council may direct.

(b)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the zoning administrator and that such questions shall be presented to the board of appeals only on appeal from the decision of the zoning administrator, and that recourse from the decisions of the board of appeals shall be to the courts as provided by law and particularly by the Land Use Article of the Annotated Code of Maryland.

The zoning administrator shall be given at least twenty-four (24) hours' notice by the owner or applicant prior to commencement of work at the site under building permits and zoning approval.

(a)

Building permits and zoning approvals shall be obtained from the zoning administrator prior to starting any construction, erection, or alteration of any building, structure, advertising sign, or billboard. Display of evidence that a building permit has been issued on the premises, as required by the building code, shall serve the purpose of zoning approval.

(b)

All applications for building permits shall be accompanied by site plans in duplicate, drawn to scale, showing actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the zoning administrator, including the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.

(c)

One (1) copy of the site plans shall be returned to the applicant by the zoning administrator after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the site plans, similarly marked, shall be retained by the zoning administrator.

(d)

If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire but may be extended for no more than one (1) additional six-month period, for good cause, by the zoning administrator

(e)

If the work described in any building permit has not been substantially completed within two (2) years of the date of issuance thereof, said permit shall expire and be canceled by the zoning administrator and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

(a)

Occupancy permits shall be obtained from the zoning administrator prior to the change in occupancy or use of any land or structure. All requests for occupancy permits shall be made in writing by the owner or by his authorized agent on forms supplied by the zoning administrator, and when requested by the zoning administrator shall be accompanied by a plan, drawn to scale, showing proposed structures in exact relation to lot and street lines. No occupancy permit shall be issued for any conversion, addition, or alteration or change in use of any existing structure unless that structure meets all requirements of this chapter and other applicable city codes and ordinances. Failure to obtain a occupancy permit shall be a violation of this chapter.

(b)

Temporary occupancy may be allowed by the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a finished or unfinished permanent structure pending its completion. In allowing such temporary occupancy, the zoning administrator may require such conditions and safeguards as will protect the safety of the occupants and the public.

(c)

Seasonal/event occupancy may be allowed by the zoning administrator for a period not exceeding ninety (90) consecutive days (which duration can be extended for not more than thirty (30) days as approved by the zoning administrator) for the use of a temporary structure. In allowing such seasonal/event occupancy, the zoning administrator may require such conditions and safeguards as will protect the safety of the occupants and the public.

(d)

No nonconforming structure or use shall be renewed, changed, or extended until an occupancy permit shall have been issued by the zoning administrator. The occupancy permit shall state specifically wherein the nonconforming use differs from the provisions of this chapter.

(e)

The zoning administrator shall maintain a record of all occupancy permits.

(f)

Building permits or occupancy permits issued on the basis of site plans and applications approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Use, arrangement, or construction differing with that authorized shall be deemed a violation of this chapter.

(a)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint (or the zoning administrator, or any agency of the city may initiate a complaint). Such complaint, stating fully the causes and the basis thereof, shall be filed with the zoning administrator. The zoning administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(b)

Any violation of any provision of this chapter shall be a municipal infraction and the violator shall be fined an amount not to exceed one thousand dollars ($1,000). Each day a violation occurs shall constitute a separate offense. Nothing contained in this subsection shall be construed to limit the power or authority of the mayor and city council or its appropriate officer, agent, or employee from pursuing any other remedy available to enjoin, restrain, or recover damages and costs incurred as a result of the violation. Further, nothing contained herein shall be construed to preclude any individual, person, firm, corporation, etc., from seeking any remedy which he or it might have for any violation of this chapter. All fines shall be payable to the mayor and council which shall remit the same on a daily basis to the city treasurer.

Any violation of any of the provisions of this chapter is a civil zoning violation and shall be called a municipal infraction. If, after investigation, a municipal infraction is believed to exist, the zoning administrator or his authorized agent shall deliver a citation or a warning to the property owner and other person or persons responsible for the infraction. If the person is unable to be located personally, the zoning administrator or his authorized agent may post the citation or warning in a conspicuous place on the property and mail a copy of same to the person, which shall be sufficient for delivery under this section. The citation or warning, as provided herein, shall be in writing and shall contain the following:

(1)

The name and address of the person charged (or warned);

(2)

The nature of the violation;

(3)

The location of the violation;

(4)

The date(s) of the violation;

(5)

The amount of the fine assessed (or possible assessment);

(6)

The manner, location and time in which the fine may be paid (or violation corrected, if applicable);

(7)

The person's right to stand trial for the violation (if applicable); and

(8)

A certification by the zoning administrator or his authorized agent attesting to the truth of the matters set forth.

Whenever an alleged or possible municipal infraction comes to the attention of the zoning administrator, the procedure to follow is:

(1)

That the zoning administrator will investigate whether an infraction has occurred.

(2)

After investigation, if the zoning administrator shall find that any of the provisions of this chapter are being violated he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it, including, but not limited to, discontinuance of illegal use of land, buildings, or structures; additions, alterations, or structural changes; discontinuance of any illegal work being done; or any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(3)

That, if he reasonably finds that an infraction continues to occur, he will issue a warning to the person or persons responsible in the form and manner as outlined in this section, with a reasonable time stated to abate or to prevent future infractions.

(4)

That, if the infraction continues or is allowed to occur after the reasonable time stated, the zoning administrator will issue a citation to the person or persons responsible in the form and manner as outlined herein. Notwithstanding the provisions of steps 2 and 3 above, the zoning administrator may issue a citation at step 2 or 3 without the prior issue of a warning.

(a)

A person who receives a citation may elect to stand trial for the offense by filing with the zoning administrator a notice of intention to stand trial. The notice shall be given at least five (5) days before the date of payment as set forth in the citation. On receipt of the notice of intention to stand trial, the zoning administrator shall forward to the district court for the county, a copy of the citation and the notice of intention to stand trial. On receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the district court for zoning infractions shall be remitted to the mayor and council through the city treasurer.

(b)

If a person who receives a citation for an infraction fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, the zoning administrator may request adjudication of the case through the district court. The district court shall schedule the case for trial and summon the defendant to appear.

(c)

Adjudication of an infraction under this subsection is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction. In a proceeding before the district court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Ann. Code of Md. art. 23A, §§ 3(B)(8) through (15). However, the city attorney is hereby authorized to prosecute all civil zoning infractions under this section. If a person is found by the district court to have committed a civil zoning infraction he shall be liable for the costs of the proceedings in the district court.

(d)

Depending on the circumstances of each case and after consultation with the city attorney, the zoning administrator has the discretionary authority to reduce or suspend all or a portion of the fine payable through his office. Nothing contained in this section shall prohibit or prevent the zoning administrator, or anyone else, from seeking other legal remedies for civil zoning infractions such as injunctions or criminal prosecutions.

The city may recover damages in a civil action, which damages may be used at the city's discretion to correct violations of this chapter.

Projects requiring zoning approval shall also comply with all other applicable local, state, and federal laws and regulations, such as the city subdivision regulations, city stormwater management ordinance, soil erosion and sediment control requirements of the natural resources conservation service, requirements of the state department of water resources regarding earth disturbance within floodplain areas, requirements of the state department of environment regarding the disposal of contaminated materials, etc.