MARVIN MANDEL, Governor                                      1711

THE SUPERVISORS MAY GO UPON ANY LANDS WITHIN THE
DISTRICT TO DETERMINE WHETHER LAND-USE RULES AND
REGULATIONS ARE BEING OBSERVED. THE SUPERVISORS MAY
PROVIDE, BY ORDINANCE, THAT ANY LAND OCCUPIER WHO
SUSTAINS DAMAGES FROM ANY VIOLATION OF THE RULES AND
REGULATIONS BY ANY OTHER LAND OCCUPIER MAY RECOVER
DAMAGES AT LAW FROM THE OTHER LAND OCCUPIER FOR THE
VIOLATION.

REVISOR'S NOTE: This section presently appears as
Art. 66C, §97 of the Code. The only changes
made are in style.

SEC. 8-3 10. JURISDICTION TO ORDER COMPLIANCE WITH
LAND USE REGULATIONS.

(A)   SUPERVISORS MAY SEEK EQUITABLE RELIEF.

IF THE SUPERVISORS OF ANY DISTRICT FIND THAT ANY
PROVISION OF THE LAND-USE RULES AND REGULATIONS IS NOT
BEING COMPLIED WITH ON ANY PARCEL OF LAND AND THAT
NON-COMPLIANCE TENDS TO INCREASE EROSION ON THE LAND,
AND IS INTERFERING WITH PREVENTION OR CONTROL OF
EROSION ON OTHER LAND IN THE DISTRICT, THE SUPERVISORS
MAY SEEK RELIEF IN THE CIRCUIT COURT OF THE COUNTY
WHERE THE DISTRICT IS LOCATED.

(B)   JOINDER OF LAND OWNER.

IN ANY CASE WHERE THE PERSON IN POSSESSION OF THE
LAND IS NOT THE OWNER, THE OWNER OF THE LAND SHALL BE
JOINED AS A PARTY DEFENDANT.

(C)   FAILURE OF DEFENDANT TO COMPLY WITH DECREE.

THE COURT MAY PROVIDE THAT UPON FAILURE OF THE
DEFENDANT TO INITIATE PERFORMANCE OF THE WORK WITHIN
THE TIME SPECIFIED BY THE COURT AND COMPLETE IT WITH
REASONABLE DILIGENCE, THE SUPERVISORS MAY ENTER ON THE
LAND TO PERFORM THE WORK AND BRING THE CONDITIONS OF
THE LAND INTO COMPLIANCE WITH THE LAND-USE RULES AND
REGULATIONS.

(D)    RETENTION OF JURISDICTION; PETITION FOR
EXPENSES OF SUPERVISORS.

THE COURT SHALL RETAIN JURISDICTION OF THE CASE
UNTIL THE WORK IS COMPLETED. UPON COMPLETION OF THE
WORK PURSUANT TO THE ORDER OF THE COURT, THE
SUPERVISORS MAY FILE A PETITION WITH THE COURT STATING
THE COSTS AND EXPENSES SUSTAINED BY THEM IN PERFORMING