Ch. 478

1997 LAWS OF MARYLAND

10J-1.

EXCEPT AS PROVIDED IN §§ 10-I(F) AND 10J(C) OF THIS ARTICLE, ARTICLE 66B,
§§ 5.05(D) AND 7.01(C) OF THE CODE, AND NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, IN ST. MARY'S COUNTY, THE COUNTY
COMMISSIONERS MAY PROVIDE THAT:

(1) VIOLATIONS OF COUNTY ORDINANCES AND RESOLUTIONS SHALL
BE PUNISHABLE AS MISDEMEANORS AND ENFORCED IN THE SAME MANNER AND TO
THE SAME EXTENT AS MUNICIPAL VIOLATIONS UNDER ARTICLE 23A, § 3(A) OF THE
CODE; AND

(2) VIOLATIONS OF COUNTY ORDINANCES SHALL BE PROSECUTED IN
THE SAME MANNER AND TO THE SAME EXTENT AS SET FORTH FOR MUNICIPAL
INFRACTIONS IN ARTICLE 23A § 3(B) OF THE CODE

Article 66B - Zoning and Planning

5.05.

(a) Except as provided in subsections (b) [and (c)] THROUGH (D) of this section,
whoever, being the owner or agent of the owner of any land located within a subdivision
transfers or sells or agrees to sell or negotiate to sell any land by reference to or
exhibition of or by other use of a plat of a subdivision, before the plat has been approved
by the planning commission and recorded or filed in the office of the appropriate county
clerk, shall forfeit and pay a civil penalty of not less than $200 and not more than $1,000
in the discretion of the court, for each lot or parcel so transferred or sold or agreed or
negotiated to be sold; and the description of the lot or parcel by metes and bounds in the
instrument of transfer or other document used in the process of selling or transfer or
other document used in the process of selling or transferring shall not exempt the
transaction from the penalties or from the remedies herein provided. The county or
municipal corporation may enjoin the transfer or sale or agreement by action for
injunction brought in any court of equity jurisdiction or may recover the penalty by civil
action in any court of competent jurisdiction.

(b) In Charles and St. Mary's Counties this section does not apply to the sale or
negotiation for sale of industrial property.

(c) In Frederick and Carroll Counties, this section does not apply to the contract
for sale or negotiation for sale of property zoned industrial, commercial, or both
industrial and commercial, if a plat is approved and recorded in accordance with this
article prior to the transfer of land.

(D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF THIS
SECTION, IN ST. MARY'S COUNTY THE COUNTY COMMISSIONERS MAY PROVIDE A
CIVIL PENALTY FOR A SUBDIVISION VIOLATION. IN A PROCEEDING BEFORE THE
DISTRICT COURT, THE SUBDIVISION VIOLATION SHALL BE ENFORCED IN THE SAME
MANNER AND TO THE SAME EXTENT AS SET FORTH FOR MUNICIPAL INFRACTIONS
IN ARTICLE 23A, § 3(B) OF THE CODE.

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