Code Enforcement Litigation Report February 2015

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1 Code Enforcement Litigation Report February 2015 Black, Roger Location: 5830 Swamp Circle Road, Deale, MD Violations: 1. Building a new detached garage 2. New house footings foundation interior renovations with no permits 3. Grading without a permit in the Chesapeake Bay Critical Area Matter postponed to April 7, 2015 so Defendant can complete permits. County will seek $4,000 in suspended fines, plus an additional $4,000 if Defendant fails to comply by that date. Brady, John and Katherine Location: 453 Lincoln Drive, Glen Burnie, MD Violation: Contempt Storage of unregistered vehicles, oversized vehicles, sea containers; operation of a business without certificate of use Defendants failed to appear in court. Contempt Judgment was entered by default requiring the previously suspended $3,000 fine to be paid within thirty (30) days from the date of the Judgment and for all zoning violations to be abated within thirty (30) days. The court reduced the $500 daily fine to $25 a day thereafter. McKenna Breach, Thomas and Susan Location: 728 Whitneys Landing Drive, Crownsville, MD Violation: Storage of unregistered/untagged vehicles On February 5, 2015, after confirmation from the inspector that progress had been made, a Consent Judgment was entered into with the Defendants. The terms give the Defendants 120 days to abate the remaining violation on the property. Failure to meet the County Code by the specified date will result in the County requesting payment of the $2,000 in fines. Legum

2 Carroll, George and Parker, Shirley Location: 5333 Chichester Road, Shady Side, MD Violation: Contempt Unsafe Garage in the Chesapeake Bay Critical Area no permits The court entered an Ex Parte Judgment of Constructive Civil Contempt against the Defendant Shirley Carroll Parker (George Carroll was dismissed from the original suit), which requires her to either secure or demolish the unsafe structure within thirty (30) days or pay a $5,000 contempt fine, which will be suspended if she complies with the terms of the Judgment. A review hearing is set for April 2, Legum Clemons, James L. Location: 7723 Ford Drive, Pasadena, MD Violation: Contempt Grading without a permit in the Chesapeake Bay Critical Area; working over a Stop Work Order At this review hearing, the court imposed the previously suspended $5,000 fine. The court did not enroll the previous fine of $1,030, which was already reduced to Judgment at a prior hearing. Elliott, Karen L. Location: 845 Turf Valley Drive, Pasadena, MD Violation: Storage of unregistered/untagged vehicles The Defendant failed to appear at court. As a result, a Judgment was entered against her ordering payment of $125 in fines and $11.92 in service costs (for a total of $136.92). The Defendant must also abate the violation within thirty (30) days of February 3,

3 Future One, LLC, et al. Location: 703 Church Street, Baltimore, MD Violation: Interior renovations without required permits The court held a trial and found both Defendants in violation of the Code. Defendant Future One, LLC was ordered to apply for all permits by April 7, 2015, and the $500 fine was stayed pending its compliance. The court imposed a $50 fine and $45 service costs on Defendant Hammond. Kelly, James and Catherine Location: 1338 Howard Road, Glen Burnie, MD Violation: Storage of unregistered/untagged vehicles Defendants failed to appear on citations for unregistered vehicles. Full Judgment entered against both Defendants. Each judgment provides for $125 fine and $30 for service fees (for a total of $310). Defendants have thirty (30) days to abate the vehicle violations. MCMJ Timbuktu, LLC Location: 1726 Dorsey Road, Hanover, MD Violation: Noncompliant protection from hazards; storage in room after cease and desist was given; slide bolt locks on rear kitchen exits Two citations for violations of the fire code, including use of slide locks on fire exits and improper storage in a room without fire safety requirements. All violations were abated prior to the trial. Defendant paid the citation for the use of slide bolts on fire exit doors. The amount paid was $125. A nolle prosequi was entered on the remaining storage room violation citation per the Fire Marshall's office. 3

4 Moorehead, Thomas and Joyce; Vista Pro Landscape & Design, Inc. Location: 8120 Pinehurst Harbour Way, Pasadena, Maryland Violation: Contempt -- Grading without a permit and construction of a patio in the Chesapeake Bay Critical Area Contempt case against Vista Pro landscaping was dismissed. Consent Judgments were entered for Defendants Thomas Moorehead and Joyce Moorehead. The Consent Judgment provides for the payment of the previously ordered fine of $1,000 for each Defendant and the service fees (for a total of $2,063.75). The Judgment provides for a $10,000 suspended fine pending the abatement of the violation. A grading permit must be obtained and finalized within 120 days from the date of the Judgment. Judgment requires a grading permit submittal within thirty (30) days. McKenna Myers, Richard W. Location: 109 Maryland Avenue, Pasadena, MD Violation: Contempt Storage of unregistered/untagged or inoperable vehicles, storage of junk and debris Defendant failed to appear, body attachment issued, $300 cash bond. Legum Narlee, Luke and Jane Location: 6838 Baltimore-Annapolis Boulevard, Linthicum, MD Violation: Location of chicken coop does not meet setback requirements; raising chickens on a lot less than 10,000 square feet The Defendants have moved from the subject property and removed the chickens. However, the chicken coop remains on the property. A Consent Judgment was entered into whereby the County nolle prossed one citation for each Defendant and then suspended the other citation. The Defendants have sixty (60) days to remove the chicken coop or the fine will be imposed. 4

5 Popa, Leonard J. Location: Violation: 7862 Bodkin View Drive, Pasadena, MD and 4,991 square feet access way at the end of Southwest Rd., Pasadena, MD Grading without a permit in the Chesapeake Bay Critical Area buffer The County dismissed Defendant Improvement Association of Bayside Beach, Inc., because the violation was abated. The Defendant Leonard J. Popa failed to appear, and the court entered a Default Judgment against him, requiring him to pay a $500 fine, at least $250 to be paid by August 5, 2015, and the remaining amount by February 5, Rice, Kenneth, Jr. Location: 985 Patuxent Road, Odenton, MD Violation: Storage of unregistered/untagged vehicles; junk and debris Defendants failed to appear and a default Judgment was entered. The Judgment provides for thirty (30) days to abate all zoning violations on the property. The court reduced the $1,000 fine to $250 and the $500 daily fine to a $25 daily fine thereafter. McKenna Stevens, Jeffrey and Colleen Location: 332 Eagle Hill Road, Pasadena, MD Violation: Illegal clearing and grading in the Chesapeake Bay Critical Area Buffer without the required permit The Defendants were both present at court on February 3, After speaking with the inspector and the Defendants, the violation against Colleen Stevens was nolle prossed. However, Jeffery Stevens entered into a Consent Judgment and was fined $1,000, which the Court suspended. The Defendant is currently abating the violations and the inspector stated that progress was being made on the subject property. 5

6 Stine, Gary and Barbara Location: 107 Chain-O-Hills Road, Glen Burnie, MD Violation: Storage of oversized vehicle and unregistered/untagged vehicle One citation against each Defendant for unregistered vehicles (2 citations total) were nol prossed because the violations were abated prior to the hearing date. For the oversized vehicle citations (2 citations total), the court ordered the Defendants to remove the oversized vehicle from the subject property within thirty (30) days, or pay a $500 fine each ($1,000 total). A review hearing is set for April 7, Thurston, Norman L., Jr. and Deborah M. Location: 1209 Amherst Court, Pasadena, MD Violation: Construction of an above-ground swimming pool without a permit JUDGE(S): Court entered a Consent Judgment between the County and the Defendants whereby the Defendants shall: (1) diligently pursue all directives of the Department to abate the violations on the subject property within sixty (60) days from the date of Judgment; (2) respond and/or comply with any conditions, comments, instructions and directives required to obtain permits of approval within fourteen (14) days of the date of any comment letters issued by the County; (3) cease all building and development without first obtaining the required permits; and (4) pursue completion of all permits or plans once issued, by requesting, obtaining, and passing all required inspections and calling for final inspection within fourteen (14) days of the completion of all the work under the applicable permits. If Defendants fail to finalize any and all appropriate building permits or reforestation agreements, or fail to pass all required inspections within ninety (90) days, they agree that: (1) they shall demolish, raze, or remove the above-ground pool on the subject property pursuant to a validly issued demolition permit; (2) allow right of entry to the Department s inspectors; and (3) pay the suspended civil fines of $625 each plus court costs. McKenna & Robinson Wahmhoff, John E. Location: 263 Carvel Road, Pasadena, MD Violation: Unsafe structure in the Chesapeake Bay Critical Area; garage open to casual entry The Defendant failed to appear, and the court entered a Default Judgment against him, requiring him to pay a $125 fine within three (3) days and secure and repair the unsafe structure within thirty (30) days. 6

7 Woodson, Bernard Location: 104 Phyllis Drive, Glen Burnie, MD Violation: Failure to maintain a sewage disposal system causing a sewage overflow health hazard Consent Judgment entered requiring replacement or repairs on the failing septic system no later than July 1, Order provides that in the meantime the Defendant must continually pump any sewage overflow and treat the surrounding area. Fines were waived. 7