Elkton City Zoning Code

Any building or structure erected contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter or the provisions of any approval granted by the Town of Elkton under this chapter shall be a violation of this chapter and the same is hereby declared to be unlawful.

Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of the provisions of this chapter or the provisions of any approval granted by the Town of Elkton under this chapter shall be subject to the enforcement provisions of this article.

Upon his becoming aware of any violation, the Zoning Administrator shall serve notice of such violation on the person committing or permitting the same, and the landowner, and if such violation has not ceased within such reasonable time as the Zoning Administrator has specified in such notice, he shall institute such action as may be necessary to terminate the violation.

If the person responsible for the alleged violation denies that a violation exists, he may appeal the decision of the Zoning Administrator pursuant to the provisions of § 110-808 of this chapter.

Whenever a violation occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record such complaint, investigate, and take action thereon as provided by this chapter.

Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter as provided in § 110-1101, or permits either by granting permission to another to engage in the violating act or by not prohibiting the violating act after being informed by the Zoning Administrator that the act violates this chapter shall be deemed a criminal misdemeanor and, upon conviction thereof, shall be punishable by a fine of $200 for the first charge and $500 for each additional charge. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten-day period, and in no event shall a series of specified civil violations rising from the same operative set of facts result in civil penalties which exceed a total of $5,000. After the civil penalties reach the five-thousand-dollar limit, the violation may be prosecuted as a criminal misdemeanor under § 110-1104. Nothing in this subsection shall be construed as to prohibit the Zoning Administrator from initiating civil injunction procedures in cases of repeat offenses.

After the Zoning Administrator or his or her agent has issued a notice of violation on any person committing or permitting a violation of the Zoning Ordinance provisions enumerated in § 110-1101 and if such violation has not ceased within such reasonable time as is specified in such notice, the Zoning Administrator or his or her agent shall issue a summons and/or ticket to be issued personally upon such person or posted in a conspicuous location at the site of the violation. If a person complies in writing to a notice of violation, and agrees to cease said violation, no further fines shall be levied after the date of such agreement, provided such agreement is complied with.

The summons shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the Town Treasurer's office at least 72 hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court; however, an admission shall not be deemed a criminal conviction for any purpose.

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

Section 1103 shall not be construed to allow the imposition of civil penalties: i) for activities related to land development; or ii) for the violation of any provision of this chapter relating to the posting of signs on public property or public rights-of-way.

Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter that results in injury to any person, or to whom the five-thousand-dollar maximum aggregate civil penalty provided in § 110-1103A has been reached and who continues to violate any provision of this chapter as provided in § 110-1101, or permits either by granting permission to another to engage in the violating act or by not prohibiting the violating act after being informed by the Zoning Administrator that the act continues to violate this chapter shall be punishable by a fine of not more than $1,000 for each separate offense. Each day during which the violation is found to have existed shall constitute a separate offense.

If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of not less than $100 nor more than $1,500.

The designation of a particular violation of this chapter as a civil violation shall preclude criminal prosecution or sanctions.