{"data":{"id":"us-md/md.-code-local-government-13-704","jurisdiction":"us-md","citation":"Md. Code, Local Government § 13–704","heading":"","body":"(a) The County Commissioners of Calvert County may provide for:\n(1) the enforcement and correction of violations of an erosion and\nsediment control ordinance for Calvert County;\n(2) the collection of the costs of any enforcement and corrective\nactions authorized in item (1) of this subsection; and\n(3) the enforcement of this section and of the Erosion and Sediment\nControl Ordinance by the imposition of civil penalties provided under subsection (d)\nof this section.\n(b) (1) Calvert County shall send written notice, by certified mail or\npersonal service, of noncompliance to a permittee and the surety if:\n(i) erosion and sediment control work does not comply with a\npermit or approved plans; and\n(ii) the county wants to enforce the security that was required\nfor the work.\n(2) The notice shall include:\n(i) the nature of the corrections required; and\n(ii) the time within which the corrections shall be made.\n(3) The county shall post a stop–work notice on the site if:\n(i) the permittee does not act on the notice within the time\nspecified in the notice; or\n(ii) the situation is of a critical environmental nature.\n(4) If a stop–work notice is posted on a site, no further work is\nauthorized on the site, except as allowed by the county engineer or the county\nengineer’s designee.\n(5) If the permittee does not begin and diligently continue the\ncorrections within 5 days after receiving written notice:\n(i) the permittee is in default of the obligations imposed under\nthis section; and\n(ii) the county engineer may take immediate action to enforce\nthe security.\n(c) (1) If the county engineer or the county engineer’s designee\ndetermines that there is imminent and substantial environmental harm because of\nthe instability of the site, Calvert County may perform work at the site sufficient to:\n(i) eliminate any public safety problem; and\n(ii) provide environmental stabilization and protection.\n(2) A grading permit authorizes employees of the county engineering\ndepartment or the department’s approved designees to enter the site to undertake\nwork in accordance with paragraph (1) of this subsection.\n(3) A charge for the cost of work performed by the county or its\ncontractors under this section shall:\n(i) be imposed on the owner of the property in the same\nmanner as county real property taxes are imposed;\n(ii) have the same priority rights as county real property taxes;\n(iii) bear the same interest and penalties as county real\nproperty taxes; and\n(iv) be treated as county real property taxes are treated.\n(4) The property owner shall be charged the maximum legal rate of\ninterest.\n(d) (1) A violation of the Erosion and Sediment Control Ordinance of\nCalvert County is a civil violation.\n(2) Each separate day that a violation of the Erosion and Sediment\nControl Ordinance remains uncorrected is a separate violation, subject to an\nadditional citation and fine in the amount required under paragraph (3) of this\nsubsection.\n(3) The fine for a civil violation of the Erosion and Sediment Control\nOrdinance is:\n(i) for a first violation, $250;\n(ii) for a second violation, $500;\n(iii) for a third violation, $750; and\n(iv) for a fourth or subsequent violation, $1,000.\n(e) (1) A person who performs erosion and sediment control work in\nCalvert County without first obtaining a permit is in violation of the Erosion and\nSediment Control Ordinance.\n(2) In addition to the civil penalties provided under subsection (d) of\nthis section, if a person performs erosion and sediment control work without first\nobtaining a permit, the county may enforce this section and take the same actions as\nthose provided in this section for permit violations, including:\n(i) the issuance of stop–work orders; and\n(ii) performing work on site to eliminate any public safety\nproblem and to provide environmental stabilization and protection.\n(3) A charge for the cost of work performed in accordance with\nparagraph (2) of this subsection shall be imposed as provided in subsection (c)(3) of\nthis section.\n(f) (1) On verification of a violation of the Erosion and Sediment Control\nOrdinance, an inspector from the engineering department may deliver or mail a\ncitation to the person responsible for the violation.\n(2) The citation is notification to the responsible person that the\nperson has been assessed a civil fine that is due and payable to Calvert County,\nsubject to the person’s right to stand trial in District Court.\n(g) The citation shall be on a form adopted by the County Commissioners of\nCalvert County and shall include:\n(1) the date of issuance of the citation;\n(2) the name and address of the person charged;\n(3) the section number of the Erosion and Sediment Control\nOrdinance that has been violated;\n(4) the nature of the violation;\n(5) the time and location of the violation;\n(6) the amount of the civil fine assessed;\n(7) the manner, location, and time period in which the fine is to be\npaid;\n(8) if applicable, a notice that each day of continued violation is a\nseparate violation subject to additional citation;\n(9) the name, business address, and telephone number of the county\nofficial familiar with the case; and\n(10) a notice of the person’s right to elect to stand trial for the\nviolation, and instructions, including relevant time frames, necessary to exercise this\nright to stand trial.\n(h) (1) A person who receives a citation may elect to stand trial for the\noffense by filing notice of intent to stand trial with Calvert County at least 5 days\nbefore the payment date specified in the citation.\n(2) After receiving the notice of intention to stand trial, the county\nshall forward a copy of the citation and notice to the District Court.\n(3) After receiving the citation, the District Court shall:\n(i) schedule the case for trial; and\n(ii) notify the defendant of the trial date.\n(i) (1) Calvert County shall send a notice of the violation to the last\nknown address of a person who:\n(i) receives a citation for a violation;\n(ii) fails to pay the fine by the date of payment specified in the\ncitation; and\n(iii) fails to file a timely notice of intention to stand trial.\n(2) If, after 15 days from the date the notice is sent, the citation is\nnot satisfied, the person is liable for an additional fine not exceeding twice the original\nfine.\n(3) If, after 35 days from the date the notice is sent, the citation is\nnot satisfied, the county may request adjudication of the case through the District\nCourt.\n(4) If the county requests adjudication under paragraph (3) of this\nsubsection, the District Court shall schedule the case for trial and summon the\ndefendant to appear.\n(j) The County Commissioners of Calvert County may designate the\nCounty Attorney or the State’s Attorney to represent the interests of the county and\nprosecute a civil violation under this section before the District Court.","path":["Article - Local Government"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=glg\u0026section=13-704","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:59:58Z","sha256":"d57b8b8bd3193e22a4a036603d34bd1c52cb8e29e3863b3fa3c1e895f60b61ae","source_id":"us-md","stale":false,"prev":"us-md/md.-code-local-government-13-703","next":"us-md/md.-code-local-government-13-705"},"notice":"GroundRules: Original legal text. Not legal advice."}