Maryland County Commissioners Section 10K

      (a)      The Board of County Commissioners of Calvert County may provide for:

            (1)      The enforcement and correction of violations of the Erosion and Sediment Control Ordinance of Calvert County, including the designation of the County Attorney or the State's Attorney to represent the interests of the county;

            (2)      The collection of the cost of these enforcement and corrective actions; and

            (3)      The enforcement of this section and of the Erosion and Sediment Control Ordinance by means of civil penalties as provided in this section.

      (b)      (1)      If erosion and sediment control work does not comply with or conform to a permit or approved plans, and if Calvert County desires to obtain any performance bond that was required for the work, a written notice of noncompliance shall be sent by certified mail or be delivered by hand personally to the permittee and the surety.

            (2)      The notice shall set forth the nature of the corrections required and the time within which the corrections shall be made. If the permittee does not act on the notice within the time set forth, or if the situation is deemed to be of a critical environmental nature, a stop-work notice shall be posted on the site and, except as permitted by the county engineer or a designee of the county engineer, no further work shall be permitted on the site.

            (3)      If the corrections are not commenced and diligently pursued within five days of notice:

                  (i)      The permittee shall be considered in default of the obligations imposed by this section; and

                  (ii)      The county engineer may take immediate action to obtain the security posted.

      (c)      (1)      If in the discretion of the county engineer or a designee of the county engineer there is imminent and substantial environmental harm because of the instability of the site, the county may perform sufficient work at the site to eliminate public safety problems and to provide environmental stabilization and protection.

            (2)      It is a condition of each grading permit that the employees of the county engineering department or their approved designees may enter the site to undertake work in accordance with paragraph (1) of this subsection.

            (3)      The cost of work performed by the county or its contractors under the provisions of this section shall:

                  (i)      Be levied and collected from the owner of the property in the same manner as county real property taxes; and

                  (ii)      Have the same priority rights, bear the same interest and penalties, and in every respect be treated as county real property taxes.

            (4)      The interest rate charged to the property owner shall be at the maximum legal rate.

      (d)      (1)      Any person or contractor who violates any provision of the Erosion and Sediment Control Ordinance of Calvert County and who is issued a citation under this section shall:

                  (i)      Be deemed to have committed a civil violation; and

                  (ii)      Pay to the county a civil fine in the amount prescribed under this subsection.

            (2)      Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine in the amount prescribed in this subsection.

            (3)      The fine for each civil violation of the Erosion and Sediment Control Ordinance of Calvert County is:

                  (i)      $250 for the first violation;

                  (ii)      $500 for the second violation;

                  (iii)      $750 for the third violation; and

                  (iv)      $1,000 for each violation in excess of three.

      (e)      (1)      Any erosion and sediment control work that is undertaken without first obtaining a permit shall be deemed to be a violation of the Erosion and Sediment Control Ordinance of Calvert County.

            (2)      In addition to the civil penalties provided under subsection (d) of this section, where work is undertaken without a permit, the county may enforce this section and take the same actions as those provided in this section for permit violations, including issuance of stop-work orders and performing work on site to eliminate public safety problems and to provide environmental stabilization and protection. The cost of this work shall be levied as provided under the provisions of subsection (c) of this section.

      (f)      (1)      On verification of a violation of the Erosion and Sediment Control Ordinance of Calvert County, an inspector from the engineering department may deliver or mail a citation to the person deemed responsible for committing the violation.

            (2)      The citation shall serve as a notification to the person concerned that the person has been assessed a civil fine that is due and payable to the county, subject to the person's right to stand trial in District Court.

      (g)      The citation shall be on a form adopted by the Board of County Commissioners of Calvert County, which shall include:

            (1)      The date of issuance of the citation;

            (2)      The name and address of the person charged;

            (3)      The section number of the Erosion and Sediment Control Ordinance that has been violated;

            (4)      The nature of the violation;

            (5)      The place where and time when the violation occurred;

            (6)      The amount of the civil fine assessed;

            (7)      The manner, location, and time period in which the fine is to be paid;

            (8)      Where applicable, the notice that each day of continued violation thereafter shall be deemed a separate violation subject to additional citation;

            (9)      The name, business address, and telephone number of the county official cognizant of the case; and

            (10)      The person's right to elect to stand trial for the violation, and instructions and timing necessary for this right to stand trial.

      (h)      (1)      A person who receives a citation may elect to stand trial for the offense by filing with the county office concerned a notice of intention to stand trial.

            (2)      The notice shall be given at least five days before the date of payment as set forth in the citation.

            (3)      On receipt of the notice of intention to stand trial, the county shall forward to the District Court a copy of the citation and the notice of intention to stand trial.

            (4)      On receipt of the citation, the District Court shall schedule the case for trial and notify the defendant of the trial date.

      (i)      (1)      If a person who receives a citation for a violation fails to pay the fine by the date of payment set forth in the citation and fails to file a timely notice of intention to stand trial, a formal notice of the violation shall be sent to the person's last address, if known. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for an additional fine not to exceed twice the original fine. If, after 35 days, the citation is not satisfied, the county may request adjudication of the case through the District Court.

            (2)      The District Court shall schedule the case for trial and summon the defendant to appear.

      (j)      The County Attorney or the State's Attorney, whichever is designated by the Board of County Commissioners under subsection (a) of this section, shall prosecute a civil violation under this section before the District Court.