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St. Mary, 0
- 1. Unless otherwise expressly stated, the terms defined in Subsection B shall have the meanings indicated for purposes of this code.
- 2. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular.
- 3. Where terms are not defined, through the methods authorized by this section, they shall have their ordinarily accepted meanings such as the context may imply.
- 1. MECHANICAL - Ventilation by power-driven devices.
- 2. NATURAL - Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without power-driven devices.
- 1. Owner-occupied single-family housing units.
- 2. Any housing exempted by the Department of Housing and Community Development.
- 3. Any housing exempted under the authority of §236-6B of this code.
- 1. The Code Official may waive applicability of this code, in whole or part, to a housing unit or units on application of the property owner and operator if:
- 2. The Code Official may also waive applicability of this code on the basis of the religious practices of the occupant of the housing unit or where residency is a condition based on an employment relationship with the property owner and operator. [Go to Page]
- 4. Civil Penalties. (Authorized by Article 23A, §3).
- (a) The Code Official may serve a citation noting a Municipal Civil Infraction to a person believed to be committing or permitting a violation of this Code or the Owner(s) of record of the property where the violation occurs. A copy of the citation shall be retained by the Code Official and shall bear a certification attesting to the truth of the matters set forth therein. The citation shall contain: [Go to Page]
- (1) The name and address of the person charged;
- (2) The nature of the violation;
- (3) The place and time of the violation;
- (4) The amount of the fine assessed;
- (5) The manner, location, and time in which the fine may be paid; and
- (6) The person's right to elect to stand trial in the District Court of St. Mary's County for the violation.
- (b) A person who receives a citation may elect to stand trial in the District Court of St. Mary's County, for the offense, by filing with the P&I Director, a Notice of Intent to Stand Trial. The Notice shall be given at least 5 days before the date of payment as set forth in the citation. On receipt of the Notice of Intention to Stand Trial, the P&I Director shall forward to the District Court a copy of the citation and the Notice of Intention to Stand Trial. On receipt of the citation, the District Court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the District Court for violations shall be remitted to St. Mary's County.
- (c) If a person who receives a citation for a violation fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, a formal notice of the violation shall be sent to the person’s last known address. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for an additional fine not to exceed twice the original fine. If, after 35 days from the date of the citation, the citation is not satisfied, the Code Official may request adjudication of the case through the District Court. The District Court shall schedule the case for trial and summon the cited person to appear.
- (d) In a proceeding before the District Court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Article 23A, §3(b)(8) through (15) of the Annotated Code of Maryland.
- (e) If a person is found by the District Court to have committed a violation, that person shall be liable for the costs of the proceedings in the District Court in addition to the fine(s) levied.
- (f) Adjudication of a violation under this subpart 4 is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction. [Go to Page]
