In this subtitle, the following terms have the meanings indicated. “Commissioner” means the Police Commissioner of Baltimore City or the Commissioner’s designee. “Neighborhood nuisance” means any premises where, on 2 or more separate occasions within a 6-month period before the start of a proceeding under this subtitle, an owner or tenant of the premises engaged in acts or created or maintained conditions that:significantly affected neighboring residents by being disorderly in manner; or disturbed the peace of neighboring residents by:making an unreasonably loud noise ; or the unreasonable use of profanity, cursing, or swearing. The 2^nd report by a police officer, written in the regular course of business, of behavior or action of the type described in paragraph (1) of this subsection is prima facie evidence that a neighborhood nuisance has occurred. “Operator” means any person who has charge, care, or control of a premises or structure. “Owner” means the person in whose name a premises is recorded in the Land Records of Baltimore City. “Premises” means all or any part of any land, building, or other structure. “Tenant” means a lessee or any person occupying property, whether or not a party to a lease. “Tenant” includes a lessee or a person occupying a mobile home, whether or not a party to a lease. Ord. 07-532 Ord. 22-125

On determining that a neighborhood nuisance exists, the Commissioner may:order the discontinuance of the neighborhood nuisance in the premises where the nuisance exists; or order the closing of the premises to the extent necessary to abate the nuisance. Except as specified in paragraph (2) of this subsection, if the premises consists entirely of residential units or mixed residential and other use units, and the neighborhood nuisance has occurred solely within 1 or more residential units, abatement authority is restricted to the residential units in which the neighborhood nuisance has occurred, and does not extend to any other unit in the premises. The restrictions of paragraph (1) of this subsection do not apply to a neighborhood nuisance occurring in any:hotel; motel; or rooming house or rooming unit, as those terms are defined in the Zoning Code of Baltimore City. Ord. 07-532

Before the Commissioner issues an order under this subtitle, the Commissioner shall give notice and an opportunity for a hearing to the owner and to any operator and tenant of the premises. The notice shall state:the date, place, and time of the hearing; the right of the persons receiving the notice to be heard and to be represented at the hearing; and the possible consequences of failure to appear, including but not limited to the issuance of a default order directing the premises to be closed to the extent necessary to abate the nuisance. The notice shall be given by personal service or by certified or registered mail to the owner and to any operator or tenant of the premises, as their names and addresses:are recorded in the Land Records of Baltimore City; appear in the registration statement filed under City Code <cite data-path="|13">Article 13</cite>, Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, etc.”}; or are otherwise known or readily ascertainable. In addition, the notice shall be posted on the premises. Ord. 07-532 Ord. 18-130

Following the hearing procedure, the Commissioner shall:on determining that a neighborhood nuisance exists, issue a written order in accordance with § 43A-2; or on determining that a neighborhood nuisance does not exist, issue a written finding so stating. Following the hearing procedure, an order of the Commissioner issued under this subtitle shall be posted on the premises and notice of the order shall be given to those persons and in the manner set forth in <cite data-path="|19|§43A-3">§ 43A-3 of this subtitle</cite>. After the order has been posted, as set forth in <cite data-path="|19|§43A-3">§ 43A-3 of this subtitle</cite>, the order may be enforced. A closing shall be for the period that the Commissioner reasonably may direct, but in no event may the closing be for longer than 1 year. A closing directed by the Commissioner under this subtitle is not an act of possession, ownership, or control by the City of Baltimore. The Commissioner may modify or rescind an order issued under this subtitle if:an owner or tenant affected by the order submits a written request to the Commissioner asking for the order to be modified or rescinded; and a hearing is held on the request. An owner or tenant submitting a request under this subsection shall attach as an exhibit any documents or other evidence that the owner or tenant wishes the Commissioner to consider in ruling on the request. The Commissioner may grant a request submitted under this subsection if the Commissioner determines that the nuisance has been abated. Ord. 07-532

The commissioner shall adopt rules, regulations, and hearing procedures as necessary or proper to carry out this subtitle. A copy of all rules, regulations, and procedures must be filed with the Department of Legislative Reference before they take effect. Ord. 07-532

Any person aggrieved by any act of the Commissioner under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 07-532

No person may destroy, remove, or deface an order posted by the Commissioner under this subtitle No person may:intentionally disobey any proper order issued by the Commissioner under this subtitle; or use or occupy or permit any other person to use or occupy any premises ordered closed under this subtitle. Ord. 07-532

Any person who violates a provision of § 43A-7 is guilty of a misdemeanor and, on conviction, is subject to the following penalties:for a violation of § 43A-7(a) {“Prohibited conduct: Destruction, etc., of posted order”}, the offender is subject to a fine of not more than $500; and for a violation of § 43A-7(b) {“Prohibited conduct: Failure to obey order”}, the offender is subject to a fine of not more than $500 or to imprisonment for not more than 90 days or to both fine and imprisonment. Each day that a violation continues is a separate offense. Ord. 07-532