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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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LOCAL GOVERNMENT |
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DIVISION III. COUNTIES |
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TITLE 13. OTHER POWERS OF COUNTIES -- REGULATORY |
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SUBTITLE 4. NUISANCES AND PUBLIC HEALTH |
§ 13-410. Citations for health violations -- Washington County
Latest version.
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(a) In general. --
(1) The health officer for Washington County or the health officer's designee may issue a citation to a person believed to be committing a violation of Title 20, Subtitle 3 of the Health - General Article or a related violation of a provision of the Code of Maryland Regulations.
(2) The citation shall bear a certification attesting to the truth of the matters set forth in the citation.
(3) The health officer shall keep a copy of the citation.
(b) Contents of citation. -- The citation shall contain:
(1) the name and address of the person charged;
(2) the nature of the violation;
(3) the location and time of the violation;
(4) the amount of the fine;
(5) the manner, location, and time in which the fine may be paid; and
(6) a notice of the person's right to elect to stand trial for the violation.
(c) Fines. --
(1) A fine not exceeding $ 1,000 may be imposed for each violation.
(2) The County Commissioners of Washington County may:
(i) establish a schedule of additional fines for each violation; and
(ii) adopt procedures for the collection of the fines.
(d) Trial. --
(1) A person who receives a citation may elect to stand trial for the offense by filing notice of intent to stand trial with the health officer at least 5 days before the payment date specified in the citation.
(2) After receiving the notice of intention to stand trial, the health officer shall forward a copy of the citation and the notice to the District Court having venue.
(3) After receiving the citation and notice, the District Court shall:
(i) schedule the case for trial; and
(ii) notify the defendant of the trial date.
(4) All fines, penalties, or forfeitures collected by the District Court for violations of Title 20, Subtitle 3 of the Health - General Article shall be remitted to the county.
(e) Failure to pay fine or file notice to stand trial. --
(1) Washington County shall send a notice of the violation to the last known address of a person who:
(i) receives a citation for a violation;
(ii) fails to pay the fine by the date of payment specified in the citation; and
(iii) fails to file a notice of intention to stand trial.
(2) If, after 15 days from the date the notice is sent, the citation is not satisfied, the person is liable for an additional fine not exceeding twice the original fine.
(3) If, after 35 days from the date the notice is sent, the citation is not paid, the health officer may request adjudication of the case through the District Court.
(4) If the health officer requests adjudication under paragraph (3) of this subsection, the District Court shall schedule the case for trial and summon the defendant to appear.
(f) Prosecution as municipal infraction. -- In a proceeding before the District Court, a violation of Title 20, Subtitle 3 of the Health - General Article shall be prosecuted in the same manner and to the same extent as a municipal infraction under § 6-108 through 6-115 of this article.
(g) Attorney for prosecution. -- The County Commissioners of Washington County may authorize the County Attorney, the State's Attorney, or another attorney to prosecute a violation of Title 20, Subtitle 3 of the Health - General Article.
(h) Costs of proceedings. -- If the District Court finds that a person has committed a violation of Title 20, Subtitle 3 of the Health - General Article, the person shall be liable for the costs of the court proceedings.