Gaithersburg City Zoning Code

(A)

Generally. Failure to comply with any provision of this chapter by the owner or occupant of any building, structure, premises, lot or parcel of land or any part thereof, and any violation of this chapter by any architect, builder, contractor, agent or any other person who commits, participates in, assists in, directs or maintains any such violation shall be declared to be municipal infractions and enforceable pursuant to chapter 1, section 1-9 of the Gaithersburg City Code.

(1)

Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such a complaint stating fully the causes and basis thereof shall be filed with the planning and code administration, which shall record such complaint properly, diligently investigate, and act thereon as provided by this chapter.

(2)

Notification of violations. If violations of this chapter are found, the violator shall be notified in writing.

(3)

Action to abate violations. The city manager or designee shall order discontinuance of any illegal use of land, buildings, structures, or appurtenances; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; and shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(4)

Maximum penalty. The maximum penalty for each initial and repeat violation shall be established by resolution of the city council.

(B)

Permit authorization. Building permits or use and occupancy permits issued based on site plans and applications approved by the city manager or designee authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any use, arrangement, or construction differing with the authorized use, arrangement, or construction shall be deemed a violation of this chapter.

(C)

Violations and penalties of the signage standards article. Any person, firm, or entity that violates a provision of article 8, Signage Standards is subject to the remedies and penalties provided within this article 15, Enforcement, or as specified in other sections of this Code.

(1)

Enforcement. The city manager or designee is hereby authorized and directed to enforce all provisions of article 8, Signage Standards.

(a)

Upon presentation of proper credentials, the city manager or designee may enter, at reasonable times, any building, structure, property, or premises in the city to perform any duty imposed upon the city manager or designee by article 8 or article 15.

(b)

The city manager or designee is authorized to promulgate rules, regulations, and interpretations with respect to the location, installation, erection, maintenance and removal of signs, which are not inconsistent with the provisions of article 8, Signage Standards.

(c)

The city manager or designee is authorized to order the removal of any sign not conforming to the provisions of article 8, Signage Standards or not complying with the provisions of any permit issued therefor.

(d)

Where there is noncompliance with an order to remove a sign, the city manager or designee is authorized to remove said sign.

(2)

Sign removal.

(a)

The city manager or designee is authorized to order the removal of any sign not conforming to the provisions of article 8, Signage Standards or not complying with the provisions of any permit issued therefor.

(b)

The city manager or designee may declare signs unsafe and order their removal if, due to structural or component defects, location, or operation, they constitute a danger to the health, safety, and welfare of the public or occupants or visitors to the property upon which said sign is located.

(c)

Where the city manager or designee is authorized to remove a sign due to noncompliance with this article, noncompliance with the provisions of the permit, or noncompliance with an order to remove, the permittee or owner of the sign is liable to the city for all costs of removal.

(3)

Appeals. Any person may appeal any order of the city manager or designee issued pursuant to article 8, Signage Standards to the board of appeals pursuant to section 24-12.9, Administrative review.

(D)

Violations and penalties of the historic preservation article. Any person who violates a provision of article 9, Historic Preservation, or fails to comply with any of the requirements thereof, or disobeys or disregards a decision of the historic district commission or city manager, or fails to abide by the conditions of an applicable permit, including a historic area work permit, shall be guilty of a municipal infraction, enforceable as provided in chapter 1, section 1-9 of the Gaithersburg City Code.

(E)

Violations and penalties of the off-street parking article. Any person, firm or entity that violates any provision of article 7, Off-Street Parking and Loading, or fails to comply with any of the requirements thereof, is subject to the following:

(1)

The planning commission shall deny approval of any submitted site development plan and no building permits shall be issued for any nonconforming development plan;

(2)

The board of appeals may revoke any special exception or variance where compliance with this article is a condition of their approval; or

(3)

The city manager may order the closing of any parking lot, area or facility or part thereof and such order shall be enforceable by appropriate legal or equitable proceedings in a court of competent jurisdiction.

(Ord. No. O-5-24, 7-15-24)

Authority of city to prevent or remedy violations. In addition to other provisions of this article, the city may institute injunctive, mandamus or any other appropriate action or proceedings at law or equity for enforcement of this chapter or to correct violations of this chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or other appropriate forms of remedy or relief.

(Ord. No. O-5-24, 7-15-24)