Chairman Watson and members of the County Council:

The League of Women Voters of Howard County supports County Council Bills 3 and 4-2008 based on the League's Land Use, Planning and Zoning position of support for zoning controls to utilize land effectively for the benefit of all. Howard County residents and businesses need to have fair, efficient and timely zoning enforcement actions taken on zoning violations. The League applauds the County Executive for proposing these Bills and urges the County Council's support.

Council Bill 3 adds powers to the Board of Appeals and the Howard County Hearing Examiner to hear citations issued for a violation of the county subdivision and land development regulations or the Howard County Zoning Regulations. The Bill creates new provisions related to the notice of violation, the citation, the hearing, inspections by the County, information regarding the alleged violation, the final order after the Hearing Examiner's hearing, civil fines, appeals to the Board of Appeals, security (which is posting the amount of the civil fine as the appeal is made to the Board of Appeals) and provisions related to failure to comply and the County's ability to secure compliance.

The League knows that Howard County communities are better served by proactive zoning enforcement. This legislation establishes clear enforcement direction and provides relief to those who reside or work adjacent to the property in violation. The legislation establishes efficient appeals processes for property owners cited with a violation.

In the Hearing Examiner hearing, the burden of proof is on the County to show by a preponderance of the evidence, that the laws have been violated. It is the alleged violator's burden to prove affirmative defenses, including nonconforming use. The legislative provisions provide for a civil fine and if it is not paid it shall become a lien on the property. The County may also seek a court order authorizing entry onto the property to correct the violation if there is failure to comply with a final decision of the Hearing Examiner or Board of Appeals.

Council Bill 4-2008 amends the Zoning Regulations to state that the Department of Planning and Zoning may enforce the Zoning Regulations by issuing citations to alleged violators to be heard in court or in administrative proceedings as provided by law. It also clarifies that notice of violations are not appealable under the provisions of the County Zoning Regulations.

The League urges the County Council to favorably support County Council Bills 3 and 4.

Grace Kubofcik
Co-president