Ch. 478

1997 LAWS OF MARYLAND

(ii) The nature of the violation;

(iii) The place where and time that the violation occurred;

(iv) The amount of the fine assessed;

(v) The manner, location, and time in which the fine may be paid; and

(vi) The person's right to elect to stand trial for the violation.

(4) A preset fine, not to exceed $500, may be imposed for each violation.
The local legislative body may establish a schedule of fines for each violation and may
adopt procedures for collection of these fines.

(5) A person who receives a citation may elect to stand trial for the offense
by filing with the zoning official a notice of intention to stand trial. The notice shall be
given at least 5 days before the date of payment as set forth in the citation. On receipt of
the notice of intention to stand trial, the zoning official shall forward to the District Court
having venue, a copy of the citation and the notice of intention to stand trial. On receipt
of the citation, the District Court shall schedule the case for trial and notify the defendant
of the trial date. All fines, penalties, or forfeitures collected by the District Court for
zoning violations shall be remitted to the county in which the zoning violation occurred.

(6) If a person who receives a citation for a violation fails to pay the fine by
the date of payment set forth on the citation and fails to file a notice of intention to stand
trial, .a formal notice of the violation shall be sent to the owner's last known address. If
the citation is not satisfied within 15 days from the date of the notice, the person is liable
for an additional fine not to exceed twice the original fine. If, after 35 days, the citation
is not satisfied, the zoning official may request adjudication of the case through the
District Court. The District Court shall schedule the case for trial and summon the
defendant to appear.

(7) Adjudication of a violation under this subsection is not a criminal
conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal
conviction.

(8) In a proceeding before the District Court, the violation shall be
prosecuted in the same manner and to the same extent as set forth for municipal
infractions in Article 23A, § 3(b)(8) through (15) of the Code. The governing body of any
county may authorize the county attorney to prosecute a civil zoning violation.'

(9) If a person is found by the District Court to have committed a civil
zoning violation, he shall be liable for the costs of the proceedings in the District Court.

(D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (C) OF THIS
SECTION, IN ST. MARY'S COUNTY THE COUNTY COMMISSIONERS MAY PROVIDE A
CIVIL PENALTY FOR A ZONING VIOLATION. IN A PROCEEDING BEFORE THE
DISTRICT COURT, THE ZONING 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.

- 2810 -