2013 Maryland Code
LAND USE
§ 20-526 - Criminal and civil enforcement.


MD Land Use Code § 20-526 (2013) What's This?

§20-526.

(a) (1) In Montgomery County, it is a misdemeanor to:

(i) construct, alter structurally, or use any building, structure, or land in violation of this title, a local law adopted under this title, or a decision made under this title; or

(ii) willfully issue a building, use, or occupancy permit in violation of this title, a local law adopted under this title, or a decision made under this title.

(2) The County Council of Montgomery County or the prosecuting official of the county may prosecute any violation under this subsection.

(b) (1) In Prince George’s County, it is a misdemeanor to:

(i) construct, alter structurally, or use any building or other structure in violation of the building code of Prince George’s County;

(ii) use land in violation of this title, a local law adopted under this title, a decision made under this title, or a zoning text amendment adopted under this title; or

(iii) willfully issue any permit, including a building, use, or occupancy permit, in violation of the building code of Prince George’s County, this title, a local law adopted under this title, a decision made under this title, or a zoning text amendment adopted under this title.

(2) The county attorney or the State’s Attorney may prosecute any violation under this subsection.

(c) (1) In addition to all other remedies provided by law, the governing body of Montgomery County or Prince George’s County may provide by local law for the imposition of civil monetary fines or penalties for a violation of:

(i) this title;

(ii) a local law adopted under this title;

(iii) a decision made under this title; or

(iv) a zoning text amendment adopted under this title.

(2) The governing body may provide for the enforcement of the local law:

(i) as provided in Title 11, Subtitle 2 of this article, and not subject to an appeal to the board of appeals; or

(ii) by a hearing by an official or unit of the county, subject to an appeal from the hearing to the board of appeals.

(3) The governing body may provide for the county attorney to prosecute violations for which civil monetary fines or penalties are imposed.

(d) (1) In addition to all other remedies provided by law, the governing body of Montgomery County or Prince George’s County, public officials of any municipal corporation or political subdivision in the regional district, or any neighboring property owner or occupant may institute a civil action to prevent unlawful construction, alteration, or use of a building or land.

(2) In an action under paragraph (1) of this subsection, any court of competent jurisdiction has jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.

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