Code Enforcement Litigation Report October 2015

Transcription

1 Code Enforcement Litigation Report October 2015 Bandy, Carla and Truxon, Kenny Location: 7646 Road, Glen Burnie, MD Violation: Outside storage of unregistered vehicles This matter was a trial where Judge found in favor of the County. The matter is set for a review on January 7, Judge Mosley ordered that the violations be abated and suspended the fine of $2,250. Mosley Buckheit, III, Charles A. & Tammy L. Location: 8173 Bodkin Avenue, Pasadena, MD Violation: Contempt Construction of an addition, deck and shed without valid permits in the Chesapeake Bay Critical Area Waiting on a new deed to be recorded. The Defendants claim that the property has been transferred due to bank foreclosure. This matter is reset for January 7, Calloway, Teilla and Brashear, Norman Location: 7800 Catherine Avenue, Pasadena, MD Violation: Construction of a screened porch without the required permit Defendants abated the violations on the subject property prior to court. The case was dismissed at the County s request.

2 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 Defendant abated the violations on the subject property prior to court. The case was dismissed at the County s request. Duncan, Lawrence and Rebecca Location: 779 Tobbin Court, Severn, MD Violation: Construction of a shed structure over 64 square feet without the required building permit Defendant abated the violation and removed the shed prior to court. The case was dismissed at the County s request. Foland, Steve Location: 907 1st Street, Baltimore, MD Violation: Rodent activity; rodent harborage, and unapproved garbage containers Defendant abated the violations prior to the hearing and the matter was dismissed. Future One, LLC, et al. Location: 703 Church Street, Baltimore, MD Violation: Contempt Interior renovations without required permits Consent Judgment entered with a fine of $500 plus court costs of $92.50 (for a total of $592.50). Defendant to provide notice of sale of residence to Anne Arundel County within five (5) days of Judgment. (The case against Walter Hammond was dismissed, as that Defendant is no longer associated with property.) 2

3 Glenn, Quentin T. Location: 7536 Old Coaling Road, Harmans MD Violation: Contempt Grading and building violations on site with historic easement and non-tidal wetlands The Defendant and the County entered a Consent Judgment of Contempt. Defendant will have 90 days to complete his permits. If he fails to do so, the County, upon motion and without need for another hearing or argument, may request a $15, fine on the 115th day. Wachs Henson, Cecil Location: 1104 Marley Creek Drive, Glen Burnie, MD Violation: Outside storage of unregistered vehicles, junk and debris Defendant abated the violations on the subject property and, therefore, the County requested that the matter be entered nolle prosequi. The Court granted the County's request. Legum Holland, Patricia E. Location: 2433 Yarmouth Lane, Crofton, MD Violation: Contempt Construction of deck without required building permit Defendant has applied for an after-the-fact permit. Therefore, the County requested that the matter be postponed until November 19, 2015 to provide the Defendant an opportunity to fully abate the violation without the imposition of an additional judgment against her. 3

4 Johnson, Carol Location: 444 Community Road, Severna Park, MD Violation: Outside storage of unregistered vehicles Prior to court, the Defendant informed the County that he had not previously received any paperwork requiring his appearance in Court. Furthermore, the Defendant stated that he had not addressed the violations on his property because his wife was under his care due to illness. The County agreed to postpone the matter until January 7, Johnson, William, Alonzo & Eirley Location: 3585 Riva Road, Davidsonville, MD Violation: Outside storage of unregistered vehicles Violation abated prior to court. Matter dismissed. Kelly, James and Catherine Location: 1338 Howard Road, Glen Burnie, MD Violation: Contempt Storage of unregistered/untagged vehicles Violation abated prior to court. Case dismissed. Landry, Frances M. Location: 8008 Quarterfield Road, Severn, MD Violation: Outside storage of unregistered vehicles, oversized vehicles, junk and debris Judgment entered against Defendant and she is to abate the violations within 60 days. A review hearing set for December 5,

5 McLaughlin, Sheryl L. Location: 527 Forest View Road, Linthicum, MD Violation: Storage of unregistered/untagged vehicles This matter was postponed until January 7, 2016, in order to allow the Defendant additional time to abate the violation. Defendant asserted that she had taken care of many of the vehicles in violation, but needed more time to get the titles to some vehicles titled in her late husband s name alone. Omer, Earl V. Location: 7205 Ohio Avenue, Hanover, MD Violation: Contempt Grading and clearing without a permit Matter was dismissed per the Department s request, as the violation was abated. Patel, Bhailal and Hemangini, et al Locations: 1871 Betson Avenue, Odenton, MD - Tax Map 21, Block 17, Parcel 98 (Patel) 1863 Betson Avenue, Odenton, MD - Tax Map 21, Block 17, Parcel 99 (Bengough) 0000 Bucklina Avenue, Odenton, MD - Tax Map 21, Block 17, Parcel 104 (Patel) 1874 Bucklina Avenue, Odenton, MD - Tax Map 21, Block 17, Parcel 105 (Patel) Violations: Contempt (1) Unauthorized construction of an approximate 28' x 80' addition (in two separate phases) to an existing structure between approximately 2005 and 2007 without building or trade permit(s); and (2) unauthorized ongoing grading and stockpiling activities resulting in greater than 5,000 square feet of disturbance on each of the subject properties without grading permits or stormwater management authorization(s) Consent Judgment entered. Defendants to install sediment controls on property within 14 days, remove storage and install vegetative stabilization in areas indicated for the same on Defendants plans, apply for a demolition permit within 30 days, diligently pursue completion of grading permits by responding to all of the Department s comments within 30 days of the same. Fines suspended in previous Judgment remain suspended pending compliance with Consent Judgment. Review hearing scheduled for January 7,

6 Pope, Harry F., Jr. Location: 104 Chalmers Avenue, Glen Burnie, MD Violation: Contempt Outside storage of unregistered vehicles Defendant failed to appear. The Court entered Judgement in favor of the County. Defendant was found in constructive civil contempt of the Court's prior Judgment of March 3, Defendant may purge the contempt by: (1) paying a fine of $500 for his constructive contempt; (2) paying the previously imposed fine of $100 and court costs of $45; and (3) ceasing and keeping the property free from all inoperable, dismantled, or unregistered vehicles by removing the aforementioned vehicles and/or displaying on the vehicles all information required by law. Requirements must be purged within 15 days of the Court's Judgment. Defendant also required to pay an additional $47.50 in costs (for a total adjudged $692.50). Pyle, Cory and Renee Location: 2041 Kurtz Avenue, Pasadena, MD Violation: Contempt Outside storage of unregistered vehicles; junk and debris Consent Judgments were entered for each Defendant in two of the four cases against them. For cases D-07-CV and D-07-CV , Defendants are to abate the violation within 30 days. The court suspended the fine of $1,000 and court costs of $43.75 for each Defendant. A review hearing has been set for February 2, For cases D-07-CV and D-07-CV , Defendants abated the violations prior to court and these cases were dismissed. Rentsmart, Inc. Location: (A) Arundel Corporation Road, Glen Burnie, MD Violation: Contempt Unauthorized use of "open space" zoned area for outside storage of unregistered and/or inoperable vehicles and/or equipment; lack of required screening for outside storage Consent Judgment entered. Defendant to keep property free from unregistered and/or inoperable vehicles unless in association with authorized business, and only for the allowed time frame under prior court orders and County Code. Defendant to remove junk and solid waste, including tires, and to cease operation of all businesses with a valid zoning certificate of use within 60 days. Matter is set for a review hearing on January 7, Mosley 6

7 Rousselle, Reid A. - Building/Grading Location: 7460 E. Furnace Branch Road, Glen Burnie, MD Violations: Contempt - Unauthorized historical construction without permits; unauthorized grading without permits Defendant failed to appear. Judgment entered and a fine of $1,000 imposed. Defendant required to submit building permit and grading permit applications within 30 days and to diligently pursue completion of the same. The matter set for a review hearing on February 4, Ruppert, Raymond R., Jr. and Molly M. Location: 477 Deale Road, Deale, MD Violation: Construction of new walls without an approved building permit 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 December 1, 2015 to provide the Defendants further opportunity to abate the violations that persist without the imposition of a judgment. Legum Smith, Joseph and Sylvia Location: 3409 Riva Road, Davidsonville, MD Violation: Outside storage of junk and debris, oversized vehicle; operating a fire wood cutting logging company in a R1 residential district without a certificate of use The County is currently appealing an administrative decision rendered by the County Board of Appeals that granted the Defendants a 20-Year Registered Use. Consequently, the parties moved jointly to postpone the matter until November 5, 2015, which the court granted. Robinson 7

8 Swauger, Richard (COA) Location: 934 Patuxent Road, Odenton, MD Violation: Use of property as a storage lot in a district zoned RA Defendant's Petition for Writ of Certiorari was denied by the Ct. of Appeals on April 20, Defendant paid the fine of $500 and court costs of $45 (for a total of $545). The matter is now closed. N/A Westenburger, Gavin H. Location: 1102 Riverboat Court, Annapolis, MD Violation: Contempt Construction of a deck without a valid permit On October 22, 2015, the Defendant failed to appear and a contempt fine of $1, was enrolled. Additionally, the Judgment requested payment of the previously unpaid court ordered fine of $500 plus $45 in service costs (for a total of $2,045). Finally, Defendant must diligently pursue and finalize a building permit and any other approvals required to legalize the illegal building on the subject property, including requesting, obtaining, and passing all required inspections. If the Defendant fails to abide by this Judgment, then he can be subject to an additional fine of $500 daily for failing to abide by this Judgement. 8