Code Enforcement Litigation Report August 2015

Transcription

1 Code Enforcement Litigation Report August 2015 Astor, Christopher Location: 1045 Thomas Road, Glen Burnie, MD Violation: Outside storage of unregistered/inoperable vehicle(s) Defendant failed to appear in court and a Default Judgment was entered requiring the Defendant to remove all unregistered or inoperable vehicles within 30 days and pay a $250 fine and $45 in service costs (for a total of $290). If vehicles remain on the property after 30 days, a $500 daily fine will begin. Beal, Barbara and Gruyin, Theresa Location: 610 Waterview Drive, Baltimore, MD Violation: Contempt: Construction of an addition without permits Defendant Gruyin paid a $650 fine and Defendant Beal s bond in the amount of $650 was forfeited to Anne Arundel County, Maryland. The property has been foreclosed on and neither Defendant is an owner of the property at this time. Thus, the contempt action was dismissed. Black, Roger Location: 5830 Swamp Circle Road, Deale, MD Violations: Contempt: (1) Building a new detached garage without a permit; (2) installing new house footings, foundation and interior renovations without permits; and (3) grading without a permit in the Chesapeake Bay Critical Area Building contempt matter (Citation #6Z ) violation abated and Judgment marked as satisfied.

2 Brent, Jeffrey and Jennifer Location: 2308 Chapel Hill Blvd., Odenton, MD Violation: grading without a permit in association with the construction of a swimming pool under building permit B The matter was set for an all-day special set. The County had spoken with the defense attorney and agreed to a postponement of this case in July. The Defense attorney failed to file the request until August 24, 2015 and it was denied. Judge Shugar presided over the matter and stated the matter had to be tried or settled, I informed the Judge that we were unable to reach an agreement and we should proceed to trial. Judge Shugar, however, indicated that this matter could be worked out and called us to the bench and indicated that we should reach some agreement. Again, I stated that we had two options and the Defendant had rejected both; however, the Judge thought that we should explore a third option wherein the pool could remain. After speaking with Greg and Andrew, we agreed to allow a professional engineer to examine the pipe and locate it, provide a load calculation for the pipe and if the pipe was under greater than 80% load, then we would revert back to moving the pipe, moving the pool, or removal of the pool. Shugar Burns, William and Brooke, et al. Location: 610 Eliot Road, Pasadena, MD Violation: Construction of shed without required permit Defendants variance application was considered by the Administrative Hearing Officer on August 18, A decision and order by the Administrative Hearing Officer is still pending. Consequently, the County moved to postpone any hearing on the merits until after a decision by the AHO is rendered. Currently rescheduled for November 3, N/A Chesapeake Harbour, Inc. Location: 0 Recreation Area, Annapolis, MD Violation: Construction of beach stairs and a deck in the Chesapeake Bay Critical Area Buffer without the required building permit Violation was abated prior to court by the demolition of the structure under a demolition permit. The case was dismissed/nol prossed. 2

3 Cloud, James and Stoll, Doris Location: 3710 Tanglewood Lane, Davidsonville, MD Violation: Outside storage of unregistered vehicles; oversized vehicles; storage containers/trailers; junk and debris As to Defendant Stoll, the County renewed its Motion for Leave to Amend the Complaint and additionally requested that the matter be postponed for 60 days. The County asked for the 60-day postponement after noting that Ms. Stoll is making a good faith effort to abate the violations on the property and it warranted providing her further opportunity to abate the violations without the imposition of a judgment. The Motion was granted and the hearing on the merits was postponed until October 1, As to Defendant Cloud, the County moved to dismiss its claim against him, and the Court granted the request. Greer, Eric Location: 7812 East Road, Pasadena, MD 2112 Violation: Outside storage of junk and debris Defendant failed to appear. Judgment entered. Defendant required to remove all junk and solid waste within 30 days. Fine of $1,000, plus $45 in service costs(for a total of $1,045) imposed. Henson, Cecil Location: 1104 Marley Creek Drive, Glen Burnie, MD Violation: Outside storage of unregistered vehicles, junk and debris Upon inquiry, the County observed that Defendant is making a good faith effort to abate the violations on the subject property. Consequently, the County agreed to a 60-day continuance of any trial on the merits to provide Defendant an opportunity to fully abate the violations without the imposition of a judgment. The Court approved the continuance, and the case was postponed until Tuesday, October 6, 2015 at 1:15 pm. 3

4 K&B Fuel Services, Inc. DBA Tiger Mart/Exxon Location: Tiger Mart/Exxon, 8556 Veterans Highway, Millersville, MD Violation: Violation of the fire code by installing slide bolt locks on the rear marked exit doors Defendant failed to appear and a Default Judgment was entered requiring the Defendant to remove all slide bolt locks from any doors on the property and pay a $250 fine. Landry, Frances M. Location: 8008 Quarterfield Road, Severn, MD Violation: Outside storage of unregistered vehicles, oversized vehicles, junk and debris This matter was postponed until October 1, The Defendant was present and requested additional time to complete the abatement of the property. McElwain, Timothy and Pamela Location: 203 Queen Anne Road, Glen Burnie, MD Violation: Outside storage of unregistered vehicles The violation was abated prior to court, and the case was dismissed. Myers, Richard W. Location: 109 Maryland Avenue, Pasadena, MD Violation: Contempt: Storage of unregistered/untagged or inoperable vehicles (including trailers); storage of junk and debris Defendant failed to appear. A fine of $1,000 was entered, plus service costs of $42.50 (for a total of $1,042.50). Defendant was ordered to remove all unregistered or inoperable vehicles and junk and solid waste within 30 days. Defendant also ordered to keep all storage on the property within 919 square feet. If Defendant fails to comply within 30 days, County or its agents are authorized to enter the property and remove all unregistered or inoperable vehicles and junk and solid waste and any items outside of a 919 square foot area. Costs of removal to be assessed against Defendant as a lien against the property. 4

5 Myers, Rodger Location: 775 Old Herald Harbor Road, Crownsville, MD Violation: Contempt: Storage of unregistered/untagged vehicles, junk and debris, and a mobile home; expansion of an approved non-conforming use without special exception Review hearing held. Defendant found in contempt of October 16, 2014 Order. Court ordered that the fine of $5,000 will continue to be suspended. Defendant to respond to comment letters on fencing permit application within 15 days. Defendant to install fencing/screening by November 1, Defendant to respond to outstanding building permit comment letter within 15 days, and any other comments within 15 days. A fine of $50 per day may be imposed for each day Defendant fails to comply. Review hearing set for November 18, 2015 at 1:30 p.m. Silkworth Olcan III Properties, LLC Location: 438 NW Crain Highway, Glen Burnie, MD Violation: Contempt: (1) C3 Zoned Violations: Outside storage of unregistered vehicles; solid waste/junk and debris; storage of mobile home/trailers; no commercial use within structure which requires a minimum of 50% floor area to be used as commercial use; dwelling units shall have entrances separate from the entrances of commercial uses. (2) R5 Zoned Violations: Outside storage of unregistered vehicles; oversized vehicles; solid waste/junk and debris; storage of mobile home/trailers; multi-family/semi-detached dwelling in a district zoned R5. Defendant failed to appear. Defendant ordered to remove junk and solid waste, unregistered vehicles, oversized vehicles and mobile home within 30 days. If Defendant fails to remove junk and solid waste or unregistered vehicles, County is authorized to remove the same and to assess the costs of removal against Defendant as a lien on the property. Omer, Earl V. Location: 7205 Ohio Avenue, Hanover, MD Violation: Contempt: Grading and clearing without a permit Defendant obtained his permit and is in the process of carrying out the pre-construction meetings. Case was continued until October 1,

6 Rupli, William Location: 5776 Swamp Circle Road, Deale, MD Violation: Contempt: Installation of hot tub with electricity without proper permits Defendant is in the process of meeting with various Departments to resolve the issue. This case was continued until November 3, Rupli, William (EBC) Location: 5776 Swamp Circle Road, Deale, MD Violation: Contempt: (1) Construction of an addition without a permit; (2) construction of an in-ground pool in non-compliance of building permit B ; (3) construction of a porch without a permit; and (4) construction of a fence with an expired permit Injunction and citation for building without a permit. Defendant is in the process of meeting with various Departments to resolve the issue. Case was continued until November 3, Ruppert, Raymond R., Jr. and Molly M. Location: 477 Deale Road, Deale, MD Violation: Construction of new walls without an approved building permit The County ascertained that the Defendants are making a good faith effort to abate the violations persisting on the subject property. Therefore, the County agreed to a continuance of any hearing on the merits. The matter has been postponed until October 6, 2015 to provide the Defendants further opportunity to abate the violations without the imposition of a judgment. Salisbury, V. Lucille Location: 1464 Shady Rest Road, Shady Side, MD Violation: Maintaining and failing to secure and/or demolish an unsafe structure on the property The County confirmed that Defendant had abated the violation on the subject property. Therefore, the County moved to dismiss its complaint against Defendant, and the Court granted the County's motion. 6

7 Shaw-Taylor, Kofi E. & Ruth M. Location: 2631 Greenbriar Lane, Annapolis, MD Violations: Contempt: (1) Unauthorized grading in the Chesapeake Bay Critical Area without a permit; (2) Stormwater Management Plan required; and (3) unauthorized construction of decks, steps, structural masonry walls attached to the principal structure and retaining walls without permits The County informed the Court that Defendant, Dr. Ruth M. Shaw-Taylor, is making a good faith effort to abate the violations on the subject property and that all violations would be abated within the next 60 days. Therefore, the County withdrew its continuing Petition to Show Cause but asked the Court to keep the underlying Judgments intact. The Court granted the County's request. Smith, Joseph and Sylvia Location: 3409 Riva Road, Davidsonville, MD Violation: Storage of junk and debris, oversized vehicle; operating a fire wood cutting logging company in a R1 residential district without a certificate of use Petition for Judicial Review pending. Defendant may legalize use by filing for a registered use with the Department. Case continued until October 1, 2015 to allow the Defendants time to file for a registered use. Stedding, Dorothy E. and Murray, Tina Location: 8135 Mountain View Circle, Pasadena, MD Violation: Outside storage of unregistered/untagged vehicles This matter was dismissed per the zoning inspector. The Defendant has abated the violation at the subject property. 7

8 Tessicini, Paul Location: 7854 Fernhill Avenue, Pasadena, MD Violation: Outside storage of unregistered/inoperable vehicles Defendant failed to appear, but he removed the vehicle prior to court. A Default Judgment was entered requiring the Defendant to keep the property free from unregistered and inoperable vehicles in the future and pay $45 in service costs. Thomas Motor Tours, Inc. Location: 5047 Solomons Island Road, Lothian, Maryland Violation: Maintaining and failing to secure and/or demolish an unsafe structure open to casual entry The Defendant failed to appear. Therefore, the County sought Judgment by Affidavit, and the Court granted the County's request. Specifically, the Court adjudged the following: (1) that Defendant has unlawfully maintained and failed to secure and/or demolish an unsafe structure on the subject property; (2) that within 30 days of the Court's Judgment, Defendant is to apply for a demolition permit to raze the unsafe structure or a permit to repair the structure on the subject property; (3) that the Defendant shall respond to and/or comply with any conditions, comments, instructions, and directives required to obtain permits pursuant to the terms of this Judgment within 30 days from the date of any comment letter that may be issued; (4) that within 30 days of obtaining a permit, Defendant shall comply with all conditions of said permit, as well as with all other requirements of federal, State, or County laws until a final inspection is passed; (5) that should the Defendant fail to remove or repair the unsafe structure on the subject property pursuant to and within the time limitations in the Court's Judgment, the County, without further leave of Court, is authorized and may enter the subject property and remove the unsafe structure on the subject property, removing any resulting debris and stabilizing the site at Defendant's expense; (6) that the County's costs in removing the unsafe structure from the subject property pursuant to the Court's Judgment shall constitute a lien on the land and improvements on the subject property; (7) that representatives of the County have right of entry to the subject property for the purposes of inspection for compliance with the Court's Judgment; (8) that the Defendant shall pay a civil penalty to the County for violation of the Court's Judgment; and (9) that the Defendant shall pay the costs of this proceeding. Trusted Home Buyers Statutory Trust Location: 5350 Patrick Henry Drive, Baltimore, MD Violation: Coops or enclosures for chickens or ducks on a lot less than 40,000 square feet must meet 25-foot setback requirements Citation nol prossed. Violation abated. 8

9 US Terra Brooklyn Park, LLC Location: "0" Holy Cross Road, Baltimore, MD Violation: Contempt: Grading and sediment controls without required permit; development without an approved stormwater management plan This matter was before the court on contempt. We were able to agree to a Consent Judgment where the Defendants will have to pay a $10,000 fine with all but $2, suspended. The Defendants must file to record the conservation easement within 30 days. Lastly, the reforestation must be completed by May 1,