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ROBERT L. EHRLICH, JR., Governor Ch. 611
8-120.
(a) In Montgomery County, the construction, reconstruction, erection,
structural alteration, or use of any building or other structure or the use of land or
promises, INCLUDING TREES, in violation of any of the provisions of this title or of any
of the provisions of any regulation enacted under this title or of any decision made
under this title, is a misdemeanor. The willful issuance of a building, use, or
occupancy permit in violation of any such provision or decision is a misdemeanor. The
County Council of Montgomery County or the prosecuting official of Montgomery
County may prosecute any violation.
(b) In Prince George's County, the construction, reconstruction, erection,
structural alteration, or use of any building or other structure in violation of the
building code of Prince George's County as authorized by this article or by Article 25A
of the Code, or the use of land or premises in violation of any of the provisions of this
title, or of any of the provisions of any regulation enacted under this title, or of any
decision made under this title, or of any zoning text amendment adopted under this
title, is a misdemeanor. The willful issuance of a building, use, and occupancy or any
other permit in violation of any such provision or decision is a misdemeanor. Prince
George's County or the State's Attorney of Prince George's County may prosecute any
violation.
(e) (1) In addition to all other remedies provided by law, the governing body
of Montgomery or Prince George's County may provide by ordinance for the
imposition of civil monetary fines or penalties for violations of the provisions of this
title, or of any of the regulations enacted under this title, or any decision made under
this title, or of any zoning text amendment adopted under this title.
(2) The governing body may provide for the enforcement of the
ordinance:
(i) As provided in Article 66B, § 7.02 of the Code, and not subject to
an appeal to the board of zoning appeals; or
(ii) By a hearing by an official, board, or agency of the county, and
providing for an appeal from that hearing.
(3) The governing body may provide for the county attorney to prosecute
violations for which civil monetary fines or penalties are imposed.
(d) In addition to all other remedied provided by law, the governing body of
Montgomery County or Prince George's County, public officials of any municipality or
political subdivision within the regional district, or any neighboring property owner
or occupant may institute injunction, mandamus, or other appropriate action or
proceeding to prevent the unlawful construction, reconstruction, erection, alteration,
or use. Any court of competent jurisdiction has jurisdiction to issue restraining orders
and temporary or permanent injunctions or mandamus or other appropriate forms of
remedy or relief.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2006.
- 2859 -
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