Code Enforcement Litigation Report December 2018

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Appendix F. Sample County Junk Ordinance

Transcription:

Code Enforcement Litigation Report December 2018 Alvarenga, Fredis B. and Chavez, Vilma Location: 7823 Shellye Road, Glen Burnie, MD 21060 Violation: Permit required for construction of a front porch roof and deck This citation was entered nolle prosequi because the Defendants abated the violation prior to court. Amorim, Mario A. Location: 8205 & 8209 Baltimore Street, Laurel, MD 20724 Violation: Outside storage of unregistered vehicles and junk; no certificate of use Defendant Mario Amorim appeared in court. Defendant Miguel Pleitez has not been served. Mario Amorim agreed to a Consent Order whereby he is to remove the illegal vehicles from the property and diligently pursue a certificate of use. A fine of $4,000.00 was ordered but suspended pending compliance. Service costs of $75.00 were ordered. Barlow, Frank R. and Darlene L. Location: 682 203rd Street, Pasadena, MD 21122 Violation: Outside storage of unregistered vehicle and junk Prior to court, Frank Barlow requested postponement of the case, which was granted. The new hearing date is March 5, 2019. The citations against Darlene Barlow were entered nolle prosequi prior to court due to health concerns and her inability to appear in court. Bradshaw, Robert B. and Michele M. Location: 0 Ravine Road, Severna Park, MD 21146 Violation: Construction of a shed greater than 64 square feet without the required building permit

The parties agreed to postpone the matter until April 2, 2019 to allow Defendants time to finalize the building permit. Clemons, James and Wanda (Injunction) Location: 9243 Ft. Smallwood Road, Pasadena, MD 21122 Violation: Construction of interior renovations to 2nd story without a building permit (permit #B02286069 expired) Defendants requested a postponement to March 7, 2019, which was granted. Some inspections have been done and the building permit should be completed by March 7, 2019. Colburn, Guy and Vera Location: 7903 Marydell Avenue, Pasadena, MD 21122 Violation: Contempt Outside storage of unregistered vehicles and junk This case was postponed at the request of the Defendant with consent of the County in order to give the Defendant time to remove the remaining vehicle on the property. The new hearing date is February 7, 2019. Cook, Natasha T. & Stephen A. Jr. (Injunction) Location: 7612 Franklin Avenue, Severn, MD 21144 Violation: Construction of 2nd floor addition and side addition without a valid building permit Defendants requested a postponement prior to court, which was granted. New counsel will be entering his appearance. The new hearing date is April 4, 2019. 2

Escobar, Edward and Escobar Joseph C. (deceased) Location: 489 Victoria Court, Millersville MD 21108 Violation: Deck built with No Permit The parties entered into a Consent Judgment wherein the fine of $1,000.00 was suspended and requires Defendants to apply for (and diligently pursue) a building permit within thirty (30) days. Service costs of $70.00 were entered as a Judgment. Faraci Property, LLC Location: 1607 Marley Avenue, Glen Burnie, MD 21060 Violation: Failure to comply with approved standard grading plan in the Chesapeake Bay Critical Area This citation was entered nolle prosequi because the Defendant abated the violation prior to court. Frazier, Connie (Brewis, Robert) Location: 8270 Edwin Raynor Boulevard, Pasadena, MD 21122 Violation: Contempt - Storage of unregistered/untagged vehicles, commercial equipment, junk and debris, and portable storage containers Review hearing occurred. Defendant is making progress towards abatement. The next review hearing is scheduled for January 3, 2019. Freeman, Joseph E. Location: 707 Marley Avenue, Glen Burnie, MD 21060 Violation: Outside storage of unregistered vehicles Defendant failed to appear and the court entered a Judgment on the Affidavit ordering Defendant to tag or remove all unregistered vehicles within thirty (30) days. A fine of $125.00 was paid prior to court. 3

Geisler, Clara (Injunction) Location: 5108 Kramme Avenue, Baltimore, MD 21225 Violation: Failure to store usable materials in an orderly manner Defendant requested a postponement until February 7, 2019, which was granted. The violation has been abated except for one pile of wood, which will be abated before next trial date. Gilmore, Samantha A. & Walter E., III Location: 217 S. Old Mill Bottom Rd., Annapolis, MD 21409 Violation: Construction of an accessory structure without a valid permit Defendants requested a postponement of the hearing until February 5, 2019, which was granted. The violation should be resolved by the next trial date. Hudson, Sylvester Location: 254 Pertch Road, Severna Park, MD 21146 Violation: Outside storage of unregistered vehicle Prior to court, Defendant requested a postponement until March 5, 2019, which was granted. Huntzinger, Dan Location: Violation: 327 New Jersey Avenue, N.E., Glen Burnie MD Outside storage of junk and unregistered vehicles The parties entered into two (2) Consent Judgments wherein fines of $250.00 were ordered in both cases; $150.00 was suspended in each case; and $60.00 was ordered for service costs. The total imposed Judgment of $260.00 is due within thirty (30) days. Defendant has sixty (60) days to remove all junk and the unregistered vehicles. 4

Kaniewski, Jan Location: 4603 Ritchie Highway, Baltimore, MD 21225 Violation: Useable materials improperly stored on premises This case was postponed at the request of the Defendant with the consent of the County in order to give the Defendant more time to properly store his materials. The new hearing date is set for March 7, 2019. Kaniewski, Thaddeus Location: 705 Cross Street, Baltimore, MD 21225 Violation: Outside storage of unregistered vehicles and junk; operating an unauthorized storage yard in a R5 district Defendant appeared and entered into a Consent Judgment that requires him to remove or tag all unregistered vehicles, remove all junk from the property, and cease operation of a storage yard within 120 days. A civil penalty of $1,000.00 was suspended pending compliance and service costs of $77.00 were imposed as judgment. Kennedy, Jean E. Location: 936 Genine Court, Glen Burnie, MD 21060 Violation: Outside storage of unregistered vehicle Defendant requested a postponement until February 7, 2019, which was granted. Defendant expects to have the unregistered vehicle removed before that hearing date. Lamartina, Anthony V. and Dinko, Julia A. Lamartina Location: 301 Marben Road, Linthicum, MD 21090 Violation: No certificate of use; operating a landscaping business with plant sales and produce The violation was abated prior to court and the County entered a nolle prosequi for both citations. 5

Langlois, John M. Location: 211 Cedar Hill Lane, Baltimore, MD 21225 Violation: Outside storage of junk Defendant entered into a Consent Judgment ordering a fine of $250.00, with $150.00 suspended, and service costs of $45.00 (for a total Judgment of $145.00) to be paid within thirty (30) days. Defendant has sixty (60) days to remove the junk from the property. Maddox, Christopher S. Location: 226 Edgevale Rd., Baltimore, MD 21225 Violation: Interior Renovations - No Permits Defendant failed to appear. A Judgment on the Affidavit was entered ordering a fine of $125.00 and $45.00 in service costs (for a total of $170.00). The permits must be obtained within thirty (30) days and diligently pursued. Marousis, George Location: 417 5th Avenue, Baltimore, MD 21225 Violation: Outside storage of large logs in an unorderly manner, directly on the ground This citation was entered nolle prosequi because the Defendant abated the violation prior to court. Marucha, Daniel Location: Violation: 112 Mulberry Avenue, Pasadena MD Unregistered vehicles This citation was entered nolle prosequi because the Defendant abated the violation prior to court. 6

Mueller, Abraham Location: 6469 Shady Side Road, Shady Side, MD 20764 Violation: Outside storage of unregistered vehicles and junk Both parties appeared and entered into a Consent Judgment that requires Defendants to remove or tag all unregistered vehicles and remove all junk from the property within ninety (90) days. The fine of $500.00 for each citation was suspended pending compliance. Noori, Feroz F. & Shahabuddin Location: 3767 Beach Drive, Edgewater, MD 21037 Violation: Interior Renovations made in the Chesapeake Bay Critical Area without a permit. Defendant requested a postponement to April 2, 2019 (the permit is valid until March of 2019). The court granted the postponement. Northeast Investment Group, LLC Location: 3400 Laurel Ft. Meade Road, Laurel, MD 20724 Violation: Non-Compliance of building permit No. B02325371 Defendant failed to appear and the Court entered a Judgment on the Affidavit ordering Defendant to renew and diligently pursue the building permit within thirty (30) days. A fine of $500.00 was imposed as Judgment along with service costs of $55 (for a combined total of $555.00). 7

Patanella, Joseph & Aimee and Pendleton Outdoors, LLC Location: 3405 Hidden River View Road, Annapolis, MD 21403 Violations: (1) Failure to comply with the approved standard grading plan for building permit B02353392 within the Chesapeake Bay Critical Area and (2) for nonpayment of a $1,000 fine The violation was abated prior to court and the County entered a nolle prosequi for all citations. Phipps, David T. Location: 867 Robin Hood Hill, Annapolis, MD 21405 Violation: Construction of interior and exterior renovations without the required building permit This case was postponed prior to court at the request of the Defendant in order to allow time for the variance hearing. The new hearing date is April 4, 2019. Phipps, Harold R. (EZC) Location: 603 Ford Road, Deale, MD 20751 Violation: Contempt Outside storage of unregistered vehicles and junk Defendant failed to appear and was found in contempt. A Judgment was entered ordering Defendant to pay the previous fine of $1,060.00, plus an additional fine of $2,000.00 for his contempt of court, and $50.00 in service costs (for a combined total of $3,110.00). The violation must be abated within thirty (30) days. Pinkney, William A., III (Injunction) Location: 428 Mill Swamp Road, Edgewater, MD 21037 Violation: Outside storage of unregistered vehicles, junk and debris, and portable storage container; use of land for disposal of junk Defendant entered into a Consent Judgment suspending the fine of $3,000.00, ordering $25.00 in service costs, and allowing six (6) months within which to abate the violation. 8

Porzillo, Dolly Location: 940 Blue Ridge Drive, Annapolis, MD 21409 Violation: Outside storage of unregistered vehicles and junk Defendant failed to appear and the Court entered a Judgment on the Affidavit ordering Defendant to tag or remove all unregistered vehicles and remove all junk from the property within thirty (30) days. A fine of $125.00 was imposed as Judgment for each citation, along with service costs of $90.00 (for a total of $340.00). Prairie, Shirley (Injunction) Location: 919 Old Annapolis Neck Road, Annapolis, MD 21403 Violation: Outside storage of junk and unregistered Vehicles Defendant entered into a Consent Judgment wherein the fine of $2,000.00 was suspended. Abatement is to be done by agreement with the County inspector, with a review date set for June 6, 2019 to ensure progress is being made. Service costs of $52.80 were entered as Judgment against the Defendant. Recinos, Jose Location: 806 Shore Drive, Edgewater, MD 21037 Violation: Operating a business without a zoning certificate of use; outside storage of vehicles and junk The violation was abated prior to court and the County entered a nolle prosequi for the citation. Rogers, Keith F. Location: 1717 Forestville Road, Edgewater, MD 21037 Violation: Outside storage of unregistered vehicles and junk 9

Both parties appeared and entered into a Consent Judgment that requires Defendant to remove or tag all unregistered vehicles and remove all junk from the property within thirty (30) days. The fine of $500.00 for each citation was suspended pending compliance, and service costs of $60.00 were imposed as Judgment (for a total of $60.00). Routh, John & Linda Location: 17 Mountain Road, Linthicum MD 21090 Violation: Outside storage of unregistered vehicles This citation was entered nolle prosequi because the Defendant abated the violation prior to court. Safak, Samettin Location: 6013 Ritchie Highway, Baltimore, MD 21225 Violation: Construction of a new tenant space without an approved building permit (Lopez Auto Service) Defendant failed to appear and the Court entered a Judgment on the Affidavit ordering Defendant to obtain a certificate of occupancy within thirty (30) days. A fine of $500.00 was imposed as Judgment along with service costs of $25.00 (for a total of $525.00). Scheminant, Lois M. Location: 1578 St. Margarets Road, Annapolis, MD 21409 Violation: Duplex, multi-family or semi-detached dwelling The parties agreed to postpone the matter to March 7, 2019 to allow Defendant more time to abate the violation. 10

Wandel, David Location: 8003 Hog Neck Road, Pasadena, MD 21122 Violation: Contempt Outside storage of unregistered vehicles; no certificate of use Defendant's postponement request was granted and the new hearing date is set for January 3, 2019, at which time Defendant is to have removed the two containers and submitted a landscape plan, bond and security, as well as completed plantings (weather permitting). Wilson, William Location: Violation: 53 Hill Road, Severna Park, MD Using land for parking, storage, collection, accumulation or abandonment of inoperable, wrecked or partially dismantled vehicles. Defendant entered into a Consent Judgment which suspended the fine of $250.00, orders $45.00 in service costs, and provides ninety (90) days to abate the violations. 11