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Howard County Unincorporated
City Zoning Code

SECTION 102

0: - Violations, Enforcement, and Penalties

A.

Violations

Any structure erected, constructed, altered, enlarged, converted, moved or used contrary to any of the provisions of these Regulations by any person taking such action, or permitting such action, and any use of any land or any structure which is conducted, operated or maintained by any person using, or permitting the use thereof, contrary to any of the provisions of these Regulations, shall be, and the same is hereby declared to be unlawful.

B.

Enforcement

Upon becoming aware of any violation of these Regulations, the Department of Planning and Zoning may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of these Regulations. The Department of Planning and Zoning may give notice that activities on the premises are in violation of the Zoning Regulations and may order an end to these activities within 10 days, or a reasonable specified time. The Department of Planning and Zoning shall serve the notice personally, or by Registered Mail addressed to the premises of the violation, or to the person or corporation committing or permitting the violations, or by posting the premises. If the violation does not cease within the time specified by the Department of Planning and Zoning, the Department of Planning and Zoning shall take whatever action necessary to end the violation. A Zoning Violation Notice issued under this section is not appealable pursuant to Section 130.0.A.3 of these Regulations.

The Department of Planning and Zoning may enforce the Zoning Regulations by issuing citations to alleged violators to be heard in Court or in Administrative Proceedings as provided by Law.

Any person who is aggrieved by an alleged violation of these Regulations may request in writing that the Department of Planning and Zoning issue a Zoning Violation Notice. Such request shall include the complainant's address, the address of the violation, and a statement of the nature of the complaint so that the Department of Planning and Zoning can efficiently identify the property in question and to provide the complainant with the notification required herein. Provided the written complaint was not submitted anonymously, the Department of Planning and Zoning shall notify the complainant, in writing, it has received the written request within ten business days. If the Department of Planning and Zoning does not issue such a zoning violation notice within 60 days of receiving the written request, this shall be considered to be a final decision of the Department that the alleged violation does not exist, and the complainant shall have a right to appeal this decision to the Hearing Authority, provided that an appeal petition is filed with the Clerk of the Hearing Authority within 30 days after the final decision to not issue a Zoning Violation Notice. If such an appeal is taken, the Department of Planning and Zoning shall send a copy of the appeal petition to the owner and occupant of the premises.

Provided the complaint was not submitted anonymously, the Department of Planning and Zoning shall notify the complainant, in writing, if it determines the alleged violation exists and a violation notice is issued. Thereafter, the complainant shall receive written notice if a citation hearing before the Hearing Authority has been scheduled for the zoning violation case as provided in Section 16.1605 of the Howard County Code, or if the zoning violation case is closed. The written notice to a complainant about the closing of a zoning violation case shall briefly describe the reason(s) the case was closed, shall advise the complainant that the closed case file may be reviewed for more details; and shall advise the complainant of the right to appeal the decision to close the case to the Hearing Authority.

The remedies provided for herein are cumulative and not exclusive, and shall be in addition to any other remedies provided by law.

C.

Penalties

Failure to comply with the Zoning Regulations shall be a misdemeanor punishable by a fine not to exceed 500 dollars. Every day that such violation continues shall be a separate offense.

Alternatively or in addition to and concurrent with all other remedies, the Department of Planning and Zoning may enforce the provisions of the Zoning Regulations with civil penalties pursuant to the provisions of Title 24 "Civil Penalties" of the Howard County Code. A violation shall be a Class B offense.

D.

Permits

No permit shall be issued for the construction, alteration or use of any structure or lot unless such construction, alteration or use and the related site improvements conform to all requirements of these Regulations.