Code Enforcement Litigation Report April 2014

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1 Code Enforcement Litigation Report April 2014 Beal, Barbara and Gruyin, Theresa Location: 610 Waterview Drive, Baltimore, MD Violation: Contempt Construction of an addition without proper permits Defendant served with body attachment following failure to appear at contempt hearing. Cash bond of $625 forfeited to County in partial satisfaction of the original fine of $1,250. Belle Grove Corporation Location: 0 Recreation Area, Annapolis, MD Violation: Construction of a pier in the Chesapeake Bay Critical Area without permit A show cause hearing was held on April 24, The Defendant failed to appear. A default Judgment of Constructive Civil Contempt was entered, ordering the Defendant to pay the previously ordered fines of $625, and imposing an additional $1,500 fine for contempt (for a total of $2,125). Defendants have ninety (90) days to either obtain and complete all necessary permits and variances for the unauthorized pier built in the Chesapeake Bay Critical Area, or remove the pier. If the Defendant fails to obtain a permit or remove the pier within ninety (90) days, the County may remove the pier at Defendant s expense, and place a lien the property for the demolition costs. Berg, Edward and Janelle Location: 102 Benmere Road, Glen Burnie, MD Violation: Operating two single family dwellings on a single lot without an approved nonconforming use or zoning certificate of use Consent Judgment entered, requiring Defendants to submit, within forty-five (45) days, an application for registration of a non-conforming use for the second dwelling, or application for other conditional or special exception use for the second dwelling. If the application is denied, Defendants must cease use of one dwelling on the property within thirty (30) days. Fine of $2,500 suspended pending compliance with the judgment.

2 Bradshaw Realty, LLC Location: 8351 Veterans Highway, Millersville, MD Violation: Use of an office trailer and two (2) carports without a permit Matter postponed to June 5, Defendant is working towards getting the permit. Burgone, Margaret Location: 736 Lake Path, Crownsville, MD Violation: Storage of unregistered/untagged vehicles; junk and debris; non-permitted use Defendant s son-in-law has made substantial progress in removing most of the violations. Only a camper and a boat remain on the property. In light of the Defendant s progress, a continuance was requested until May 1, Johnson Carlson, Mary H. Location: 3070 Riva Road, Riva, MD Violation: Construction of accessory structures and a deck without permits; noncompliance of building permit B A review hearing was held on April 1, 2014, following judgments entered on January 7, The Defendant has completed the permit for the pier that was the subject of citation 6Z The judgment on that citation was marked "satisfied." The Defendant is currently in compliance with the judgment on citation 6Z That judgment will remain in effect until satisfied in full. Day, Roland N. Location: 2903 Dungate Road, Pasadena, MD Violation: Storage of junk and debris The County discussed with the Defendant how to legalize the object on the property, and the County nol prossed the citation against him. Johnson 2

3 Dhillon, Andy Location: 7915 Darby Lane, Severn, MD Violation: Contempt Storage of unregistered/untagged vehicles The County dismissed its show cause petition against the Defendant because he removed the unregistered vehicle(s) prior to the hearing date. Evans, Matthew, Jr. and Ronita Location: Broadneck Road, Annapolis, MD Violation: Tree clearing without a permit or stormwater management plan Default hearing held on February 22, 2014 and completed on April 15, Court entered judgment in favor of the County in the amount of $12,000 against Michael Ebersberger, individually, and trading as Michael's Tree Service. North Ferguson, John W. Location: 319 Audrey Avenue, Baltimore, MD Violation: Storage of unregistered/untagged vehicles Defendant failed to appear. Judgment by Affidavit entered, requiring Defendant to cease use of property for the storage of unregistered, inoperable, untagged, and/or dismantled vehicles within fourteen (14) days. Fine of $ imposed. Findlay, Sarah, George E., and Nancy C. Location: 811 Whitewood Trail, Crownsville, MD Violation: Contempt Unauthorized grading in the Chesapeake Bay Critical Area without a grading permit; and unauthorized renovations to existing single family dwelling, inclusive of excavation under existing structure, without a building permit Retrial of prior injunction contempt judgment on April 3, The Defendant filed a request for new trial and this request was granted. All building violations have been abated, and at the request of the Department, the pending contempt proceeding was dismissed. The underlying judgments were marked satisfied. Johnson 3

4 Glenn, Quentin T. Location: 7536 Old Coaling Road, Harmans MD Violation: Grading and building violations on site with historic easement and non-tidal wetlands Judgment entered on April 11, 2014 that requires Defendant to complete all open permits on the historic property, in addition to applying for, being issued and completing a grading permit; a stormwater management plan; building permits for the trailer/office and fence; and, a certificate of use for any business to be operated on the property. All permits, approvals or licenses must be issued/completed on or before December 31, If everything is timely completed, no fine will be imposed. If the Defendant does not meet the December 31, 2014 deadline, a civil fine of $5,000 shall be entered and shall be payable by January 31, Wachs Hamer, Jr., James E. & Mary K. Location: 8453 Bussenius Road, Pasadena, MD Violation: Contempt Storage of unregistered/untagged vehicles; junk and debris Defendant signed Consent Judgment of Constructive Civil Contempt. Defendant agreed to remove junk, solid waste within sixty (60) days. Matter set for review on June 26, Jerman, Saundra Location: 914 Coulson Road, Crownsville, MD Violation: Storage of unregistered/untagged vehicles On April 1, 2014 the Defendant failed to appear at court and a judgment was entered in favor of the County in the amount of $ for fines and $45.00 for service (for a total of $170). The Defendant has thirty (30) days from the date of the judgment to abate the violation and three (3) days from the judgment to make payment. 4

5 Klejnot, Jr., Gerald F. Location: Violation: 1190 Southview Drive, Annapolis, MD Contempt Storage of POD in front yard without a permit from October 2012 to present Defendant failed to appear and body attachment issued; $250 cash bond. Koraganie, Hamid and Hashmat Location: Broadway Street, Laurel, MD (Acct# ) Violation: Storage of unregistered/untagged vehicles; junk and debris; no certificate of use, no screening Consent Judgment entered, requiring Defendant to remove all unregistered, inoperable, wrecked or partially dismantled vehicles, or vehicles not displaying proper tags, within sixty (60) days. Fine of $2,000 suspended pending compliance with the judgment. Maersch, Robert and Rita Location: 7939 East Shore Road, Pasadena, MD Violation: Contempt Storage of unregistered/untagged vehicles; junk and debris Show cause hearing was held on prior citations for junk and debris and an unregistered boat and RV. Defendant had not made any progress in removing the violations. Defendant given one last chance to abate the violations. Case continued at the request of the Department until May 6, Defendant states that the foreclosure process on the property has completed and that the bank has given him sixty (60) days to vacate the property, so the violations may be abated by the bank or new owner in the event the Defendant fails to abate the violations by the next court date. 5

6 Melton, Joanna Location: 449 Gainsborough Court, Severna Park, MD Violation: Contempt Storage of junk and debris A show cause hearing was held on April 24, 2014 before Judge. The Defendant failed to appear. The judge entered a default Judgment of Constructive Civil Contempt, ordering the Defendant to clear all junk and debris from the property within fifteen (15) days, and pay the previously ordered fine of $250 and an additional $750 fine for her contempt (for a total of $1,000) of court within fifteen (15) days. Morales, Francisco Location: 8427 Brock Bridge Road, Laurel, MD Violation: Storage of unregistered/untagged vehicles; junk and debris, oversized vehicle; operation of commercial business; no certificate of use and use not permitted Consent Judgment entered. Defendant agreed to remove unregistered vehicles, junk and solid waste, oversized vehicles within thirty (30) days and keep the property free from the same. Defendant agreed to cease operation of a commercial business until such time, if ever, a zoning certificate of use is issued. Fine of $5,000 suspended pending compliance with judgment. Service costs of $45 reduced to judgment to be paid by Defendant. Nolan, Michael and Holly Location: 611 Glenview Avenue, Glen Burnie, MD Violation: Storage of unregistered/untagged vehicle(s) The County and Defendant Holly Nolan entered into a Consent Judgment, requiring her to remove the unregistered vehicles within thirty (30) days and pay a $50 fine. The citation against Defendant A. Michael Nolan was nol prossed, because he is deceased. 6

7 Robinson, Allen R. & Teresa L. Location: Violation: 8283 Brock Bridge Road, Laurel, MD Contempt Grading without a permit Consent Judgment of Constructive Civil Contempt entered against both Defendants. Defendants are required to submit a request for modification to the site development plan requirement within ten (10) days of the judgment, and obtain issuance of grading permit G within sixty (60) days of modification approval. If the modification is not approved, Defendants must submit a site development plan within thirty (30) days of the date of the denial of the modification request, and respond to any additional comments or directives relative to the grading permit within fourteen (14) days. Defendants are required to complete the grading permit within one year (365 days) of issuance of the permit. Sfakiyanudis, Dimitri and Efrosini Location: 1052 Old Turkey Point Road, Edgewater, MD Violation: Interior renovations without a permit in the Chesapeake Bay Critical Area Consent judgment entered with Dmitri Sfakiyanudis. Defendant agreed to pay a fine of $250, plus service costs of $30 (for a total of $280). Defendant to respond to the pending comment letter for building permit B within sixty (60) days and to respond to any additional comment letters within thirty (30) days. Within thirty (30) days of building permit being issued, Defendant shall submit applications for all required trade permits and shall diligently pursue completion of all permits by requesting, obtaining and passing all required inspections. If Defendant is unable to obtain a permit or fails to comply with the terms of the judgment, the illegal interior renovations shall be removed and the structure restored to its pre-existing condition. Citation against Efrosini Sfakiyanudis was nol prossed. N/A (pending signature) Stevens, Christopher Location: 1164 St. Stephens Church Road, Crownsville, MD Violation: Storage of unregistered vehicles; junk and debris The Defendant failed to appear, so the court entered a Default Judgment against him that requires him to pay a $1,000 fine, remove the unregistered vehicles, and remove the junk and debris within thirty (30) days. Johnson 7

8 U.S. Financial Capital, Inc. (EGC at 1085 Poplar Tree Dr.) Location: 1085 Poplar Tree Drive, Annapolis, MD Violation: Grading/tree cutting in the Chesapeake Bay Critical Area without a grading permit or approved Vegetation Management Plan. Case resolved. Defendant entered into Consent Order to fully comply with Code requirements, conduct mitigation and reforestation and to pay a $2,000 fine, which has been paid. N/A Williams, Delvin Location: 1414 Cambium Court, Hanover, MD Violation: Contempt Storage of unregistered/untagged vehicles Case postponed to May 1, 2014 at the request of Defendant. Defendant to remove remaining unregistered vehicles by that date, or matter will go forward and the County will seek imposition of the $1,000 suspended fine. Witt, Thomas and Gregory Location: 322 Ternwing Drive, Arnold, MD Violation: Storage of unregistered/untagged vehicle Both Defendants failed to appear and an Judgment by Affidavit was entered on behalf of the County. The fine requested was $ each for the violation and $30 dollars each for service costs (for a total of $310). Defendants have thirty (30) days from the date of the judgment to abate the violation and three (3) days to pay the fine. 8