§ 23-107. Penalty.

(a)

Any person who does any road construction in a public right-of-way without a valid permit, or performs work in conflict with the detailed plans submitted and approved for work to be performed under permit, or creates a situation within the right-of-way which requires corrective action shall immediately take those actions necessary to reinstate a pre-existing permit where the permit has expired or been suspended, or obtain a permit where none existed, and then correct or remove said work or correct said situation to bring it into conformance with established requirements or standards within the time specified in a written Notice of Violation from the Department. Noncompliance on the part of the responsible person shall be a violation of this Subtitle.

(b)

Any person required by this Subtitle to have a permit who performs work which is in violation of the provisions of this Subtitle, approved permit plans, or a lawful order issued thereunder, or creates a situation in the right-of-way which constitutes a hazard to public safety, shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each offense. Each day that a violation continues shall be deemed a separate offense.

(c)

The application of such penalty shall not preclude the enforced removal, abatement, or correction of the conditions, which were found to be in noncompliance, through appropriate proceedings in a court of competent jurisdiction. In addition, the County may take those actions necessary to correct the situation, and all costs therefor shall be billed to the responsible person in accordance with the provisions of Section 23-109, or be recovered through legal recourse.

(CB-98-1989; CB-17-2018)

Editor's note

Section 4 of CB-17-2018 states that these provisions shall take effect on July 1, 2019.