Code Enforcement Litigation Report June 2015

Transcription

1 Code Enforcement Litigation Report June 2015 Black, William B., Jr. and Iris N. Location: 8222 Ventnor Road, Pasadena, MD Violation: Contempt Construction of an accessory structure without a permit Contempt hearing for a prior injunction Judgment for construction of a two-story storage structure without a building permit. All violations were abated prior to court, so the contempt action was dismissed and the underlying Judgment was marked satisfied. Campbell, Stanley and Cheryl Location: 651 Queenstown Road, Severn, MD Violation: Use not allowed for apartments/multi-family in a detached structure Defendants have abated the violations on the subject property. The County moved to dismiss the entire matter (pursuant to I&P Zoning Division's request), and the Court granted the County's request. McKenna Dan, James H. (Lombardi) Location: 8371 Penn Drive, Pasadena, MD Violation: Construction of an addition and deck without permits The Defendants have torn down the addition. The property was inspected prior to court and it was determined that subject property is now in conformance with the County Code. The Show Cause was dismissed and the underlying Judgments remained.

2 Dorsey, William Location: 389 Riverside Drive, Pasadena, MD Violation: Contempt Outside storage of junk and debris The violation was abated, so the County withdrew its petition to show cause but asked that the Court leave the underlying Judgment intact. The Court granted the County's request., J. Extra Mile Homebuyers, LLC (Injunction) Location: 940 Aqua Court, Annapolis, MD Violation: Contempt -- Interior and exterior renovations without a permit Contempt hearing for prior injunction Judgment for building without a permit. Defendant failed to appear and a default Judgment was entered requiring the Defendant to pay the prior $625 fine, an additional $5,000 contempt fine (for a total of $5,625), and obtain a building permit within 60 days. Fleshman, Christina and Folderauer, Richard, Jr. Location: 874 Arundel Drive, Arnold, MD Violation: Operating a commercial tree and landscape business in an R1 zoned district without a zoning certificate of use; outside storage of oversized vehicles Defendants entered into a Consent Judgment providing that: (1) a fine of $3,000 shall be suspended so long as Defendants maintain full and complete compliance with the other provisions of the Consent Judgment; (2) Defendants cease and desist all use of the subject property for the parking of oversized vehicles within 90 days; (3) Defendants cease and desist all use of the subject property for a commercial business until a zoning certificate has been issued; (4) that the Defendants are enjoined from any future use of the property that is impermissible in an R1 district; (5) the Department has a right of entry to inspect; (6) the Department may issue additional citations for additional violations of the County Code; (7) the Consent Judgment may be recorded in land records; and (8) that Defendants shall pay $63.75 in Court and service costs. McKenna 2

3 Garvin, Edward E. & Julia D. Location: 3228 Harness Creek Road, Annapolis, MD Violation: Contempt Grading and construction without a permit Second contempt action for a prior injunction Judgment for building without a permit. Prior to court, the Defendant obtained his final grading approval on the outstanding building permit. In order to allow Defendant time to finish the building permit and call for a final inspection, the case was continued until December 3, Goode, James and Margaret Location: 815 Oregon Avenue, Linthicum Heights, MD Violations: Contempt Grading without a permit; no approved stormwater management plan; construction of a fence without a permit; performing work out of scope of permit (no building permit revision) Consent Judgments of constructive civil contempt entered in each of four (4) matters. In each Judgment, Defendants are required to abate violations by submitting permit and stormwater management applications within 45 days, responding to all comments within 30 days, and completing all permits by January. 29, Fines of $2,500 in each of four (4) matters are suspended pending compliance with the Judgments. Matters are set for review hearings on February 2, Hartlove, David, III Location: 3841 Ponder Drive, Edgewater, MD Violation: Outside storage of unregistered vehicles; junk and debris The unregistered vehicles were removed prior to court and the citations were dismissed. 3

4 Hawley, Andrew S. and Kara A. Location: 5459 Muddy Creek Road, Churchton, MD Violation: Construction of a sunroom without a permit in the Chesapeake Bay Critical Area All violations were abated prior to court and the injunction was dismissed at the request of the Department. High, John W. and E. C. Location: 204 Vernon Avenue, Glen Burnie, MD Violation: Unsafe structure, open to casual entry Defendant failed to appear and default Judgment was entered requiring the demolition or repair of the unsafe structure within 60 days. The Defendant is required to pay a $250 fine and service costs in the amount of $45.86 (for a total of $295.86). A daily fine of $125 will commence on the 61 st day. If the property has not been secured, and the unsafe structure will be demolished. Kaminski, Bernard, III Location: 907 Pulaski Avenue, Glen Burnie, MD Violation: Contempt Construction of a second level deck and steps without a building permit, nor a certificate of occupancy The Defendant was found to be in contempt and a fine of $10,000 dollars was levied, with $9,000 suspended. The Defendant has six (6) months to obtain a building permit for the deck and finalize the permit. If this is not completed within six (6) months, he must remove the deck or pay the balance of the fine. Robinson Logan, Wallace C. Location: 0 Old Mill Road, Pasadena, MD Violation: Unsafe structure open to casual entry Defendant appeared and entered into Consent Judgment to demolish the unsafe structure within 90 days. The fine was waived and the Defendant will pay service costs in the amount of $

5 Morris, William R. and Smithson, Teresa M. Location: 371 Dutch Ship Court, Pasadena, MD Violation: Contempt Construction of a shed without permits in the Chesapeake Bay Critical Area DISPOSTION: The parties agreed to a Third Consent Judgment of Constructive Civil Contempt whereby Defendant can purge the contempt by: (1) paying a fine of $2,000 for his continued contempt of court, to be suspended pending compliance with the other provisions of the Consent Judgment; (2) applying for a building permit and any other necessary variances and/or approvals within 60 days; and (3) complete and perfect said building permit and other approvals, inclusive of final inspection, or remove the structure pursuant to a demolition permit, no later than September 2, The Consent Judgment also provided: (1) for a review hearing on October 6, 2015; (2) that the fine be immediately reduced to a money Judgment in favor of the County, (3) that County inspectors have right of entry for the purpose of inspection; (4) that the County is further authorized to issue additional citations for other violations of the County Code; and (5) that the County may record this Judgment in land records. The Defendant paid the previously adjudged fine of $400 on the date of hearing Robinson, J. Puckett, Daniel P. Location: 431 Maple Lane, N.W., Glen Burnie, MD Violation: Contempt Outside storage of solid waste, junk and debris Mr. Puckett signed a Consent Judgement whereby he will have 30 days to abate the violations at his property. On the 35 th day, a fine of $2,000 will be entered if he does not provide proof of abatement. Robinson Rousselle, Reid A. Location: 7460 E. Furnace Branch Road, Glen Burnie, MD Violation: Contempt Construction of an addition without a permit Petition for contempt was dismissed, as the violation was abated. McKenna 5

6 Timlin, Timothy G. & Carol L. Location: 588 Pine Drive, Pasadena, MD Violations: Contempt (1) Unauthorized construction of an in-ground swimming pool without a permit; (2) unauthorized grading in the Chesapeake Bay Critical Area associated with the swimming pool construction and creation of new impervious surfaces without a permit The parties agreed to a Second Consent Judgment of Constructive Civil Contempt, and the Court approved and entered Judgment. Pursuant to the Consent Judgment, Defendants may purge their contempt of court by: (1) paying a fine of $2,000 (each), to be suspended so long as Defendants comply with the other provisions set forth therein; (2) executing a lot merger agreement pursuant to County Code (b), (c) and et seq., within 30 days; (3) applying for and diligently pursuing completion of all required permits and any other necessary variances and/or approvals within 30 days, and responding to all directives, comment letters, notice of correction, or non-compliance orders from the County within 14 days of the same from the Count; (4) submitting any required inspection fees, and diligently completing all required permits by filing for a final inspection within 14 days of the completion of all work for the applicable permits; (5) pursuing diligently, finalizing, and completing any and all grading permits and/or plans, stormwater management plans, or reforestation/afforestation agreements required by this Judgment by no later than the end of the 2015 fall planting season; (6) finalizing, completing, and perfecting all required permits and other approvals, inclusive of final inspection, no later than December 31, 2015; and (7) removing the unauthorized construction on the subject property pursuant to a validly issued demolition permit, should the Defendant fail to finalize, complete, and perfect all required permits and other approvals by December 31, Robinson, J. The Judgment additionally provided: (1) that if the Defendants have not satisfied all purge requirements contained in this Judgment, the Defendant shall be subject to additional fines and/or incarceration; (2) that the fines be immediately reduced to a Judgment in favor of the County; (3) that County inspectors are permitted right of entry to inspect the subject property; and (4) County may issue additional citations and may record Judgment in land records. 6

7 Wheatley, James, Jr. Location: 1224 Severn Station Road, Severn, MD Violation: Contempt Outside storage of unregistered/untagged, dismantled and inoperable vehicles The parties entered into a Consent Judgment of Constructive Civil Contempt, in which the Defendant agreed to do the following: (1) within 14 days from the date of Judgment, pay the previously adjudged fine of $125 and previously assessed costs of $30 (for a total of $155); (2) pay an additional fine of $1,000 for his contempt of court, to be suspended so long as Defendant complies with the other provisions of the Consent Judgment; (3) within 21 days from the date of Judgment, ceasing all use of the subject property for the storage of inoperable, wrecked, partially dismantled or destroyed, or unregistered/untagged motor vehicles; (4) that all purge requirements must be completed within 21 days of the date of the Consent Judgment. The Defendant additionally agreed to the following terms: (1) fines immediately reduced to a money Judgment; (2) failure to satisfy terms of the Judgment could result in the imposition of additional fines; (3) County representatives maintain right of entry; (4) the County may issue further citations pursuant to laws of the County and State; (5) the Judgment may be recorded in Land Records; and (6) that the Defendant shall pay additionally assessed service costs of $42.50 (for a total assessed money Judgment of $197.50). 7