§ 35-2-304. PENALTY FOR ACTION WITHOUT A PERMIT.

(a)

"Person" defined. In this section, "person" includes an owner, agent, builder, or contractor or a person on whose behalf an action is undertaken in violation of this section.

(b)

Prohibition; penalty.

(1)

A person may not erect, construct, repair, alter, remodel, remove, or demolish a building or structure or part of a building or structure in the county without obtaining a permit.

(2)

A person who violates this section is guilty of a misdemeanor.

(3)

A person who violates this section is also subject to a civil penalty of $1,000.

(c)

Person not relieved of other duties upon conviction. A conviction or penalty assessment under subsection (b) of this section, may not relieve a person of:

(1)

Any other penalty; or

(2)

The necessity of securing and paying for a permit and complying with all other applicable laws and regulations.

(d)

Return to former condition.

(1)

The Building Engineer or a court of competent jurisdiction may require a person who erects, constructs, repairs, alters, remodels, removes, or demolishes all or a part of a building or structure without having obtained a permit to restore the building or structure to its original condition.

(2)

(i)

If the person fails to comply, the county may proceed against the person under § 35-2-203 of this title.

(ii)

Any expense incurred as a result of the action undertaken under subparagraph (i) of this paragraph is the sole responsibility of the person.

(1988 Code, § 7-36) (Bill No. 34-95, § 1, 6-9-1995; Bill No. 39-97, § 4, 6-6-1997; Bill No. 25-01, § 2, 7-1-2004; Bill No. 76-03, § 5, 7-1-2004)

  Annotation— In Schloss v. Davis, 213 Md. 119, 131 A.2d 287 (1957), the Court of Appeals held that a contract is not void just because a contractor violated former Title 23, § 283 of the code (1948) by failing to obtain a building permit before commencing construction.