H.B. 349

VETOES

Annotated Code of Maryland

(1988 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED' BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 66B - Zoning and Planning

7.01.

(a)     (1) The local legislative body may provide by ordinance for the enforcement
of this article and of any ordinance or regulation made thereunder. A violation of this
article or of such ordinance or regulation is a misdemeanor, and such local legislative
body may provide for punishment by fine or imprisonment or both. It is also empowered
to provide civil penalties for such violation.

(2) In addition to the jurisdiction as defined in subsection (c) of this section,
the legislative body of Baltimore County may provide by ordinance for an administrative
proceeding to enforce its zoning regulations, including the imposition of civil fines and
penalties for zoning violations.

(b)     In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or any building, structure, sign, of land is
used in violation of this article or of any ordinance or other regulations made under
authority conferred hereby, the proper local authorities of the jurisdiction in addition to
other remedies, may institute any appropriate action or proceeding to prevent the
unlawful erection, construction, reconstruction, alteration, repair, conversion,
maintenance, or use, to restrain, correct, or abate the violation, to prevent the occupancy
of the building structure, or land, or to prevent any illegal act, conduct, business, or use
in or about the premises. However, despite any provisions of this section, the proper local
authorities may not institute any action or proceeding to abate a transfer which has been
completed or to prevent the occupancy of a building, structure or land involved in the
transfer as a result of a violation of § 5.05 or § 5.06 of this article. Further provided, that
any property subdivided in violation of §§ 5.05 and 5.06 of this article shall remain subject
to the adopted subdivision regulations.

(c)     (1) In this subsection, the following words have the meanings indicated.

(i) "Commission" means the planning and zoning commission or
similar body of the county.

(ii) "Local legislative body" means:

1.       The elected body of a county, whether known as county
commissioners, or county council; and                                                                   

2.       The Mayor and City Council of Baltimore.

(iii) "Zoning official" means a county employee with the duty of
enforcing the zoning ordinance.                                     

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