Subtitle 71 – Special Enforcement Officers

Commissioner of Health.

Chief of the Fire Department.

Director of Public Works.

Commissioner of Housing and Community Development.

Director of Recreation and Parks.

Director of Transportation.

Director of the Department of Consumer Protection and Business Licensing.

On appointment, a Special Enforcement Officer may serve summonses and issue criminal citations to appear before the housing or other appropriate part of the District Court for Baltimore City in proceedings to enforce any City ordinance, rule or regulation, or public local law pertaining to buildings, housing, zoning, fire, public health, parks, and sanitation.

“Criminal citation” means a written or printed charging document with a summons to appear for trial.

Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance of a criminal citation under this section if, within the preceding 12 months:

Every citation shall contain a certification signed by the issuing officer under penalties of perjury that the facts contained in the citation are true to the best of the officer’s information, knowledge, and belief.

Citations issued under this section shall be numbered consecutively. After issuance, no citation may be canceled or voided except by the District Court.

Each citation shall be made with sufficient copies so that a copy can be served on the defendant or an agent authorized to receive court process, a copy retained by the officer, and copies provided as necessary for prosecution and collection purposes. After issuance and service, the issuing officer shall promptly file the original with the District Court.

On each citation, the Special Enforcement Officer shall enter:

The recipient of a citation is required to sign a statement on the citation acknowledging its receipt and promising to either appear for the scheduled trial or prepay the specified fine as directed. Failure to sign does not invalidate a citation.

It is unlawful for any person to whom a citation is issued to refuse to provide personal identification on request. Any person so refusing is subject to police arrest and, on conviction, to a fine not to exceed $500.

Prepayment of the fine constitutes a waiver of the right to trial. Prepayment authorizes the entry of a plea of no contest and a disposition of the charge in accordance with the facts contained in the citation.

If payment of the fine has not been made in the time and manner directed, the recipient shall appear for trial in the housing part of the District Court of Maryland for Baltimore City on the scheduled date.

The citation shall set forth a means by which the recipient may request the presence of the issuing officer at the trial. If the officer is not present at the trial and his or her presence has not been requested, the citation constitutes a stipulation by the recipient that if the officer were present at the trial, the officer would testify that the facts are as set forth in the citation. This stipulation, however, is not a waiver of the recipient’s right to testify and to controvert the facts forth in the citation. The facts set forth in the citation shall be offered at the trial as all or part of the prosecution’s case.

Where the fine has not been prepaid as directed and the recipient fails to appear for trial on the scheduled date, the recipient is subject to the issuance of a bench warrant for arrest or the issuance of a show cause order for contempt of court. No bench warrant may issue until 5 days after the scheduled trial date.

Where the provision of law that has been violated provides that the continuation or recurrence of a violation constitutes a separate offense, a separate citation may be issued for each such separate offense.

For 12 months after the District Court has disposed of a citation other than by a verdict of “not guilty”, the fine specified for a violation is doubled on any citation issued to the same person for recurrence of the same violation at the same address.

Issuance of a citation under this section does not preclude pursuit of other remedies and enforcement actions.

<table> <tbody> <tr> <td colspan="2">§ 108.6. Maintenance: Overcrowding</td> </tr> <tr> <td>1-99 persons over capacity</td> <td>$250</td> </tr> <tr> <td>100-199 persons over capacity</td> <td>$500</td> </tr> <tr> <td>200 or more persons over capacity</td> <td>$1,000</td> </tr> <tr> <td>§ 111.1. Unsafe Buildings: General</td> <td>$250</td> </tr> <tr> <td>§ 1001.2. Means of Egress: Minimum requirements</td> <td>$250</td> </tr> </tbody> </table>

<table> <tbody> <tr> <td colspan="2">§§ 305 - 308. Sanitary Maintenance</td> </tr> <tr> <td>Residential properties</td> <td>$50</td> </tr> <tr> <td>Commercial properties</td> <td>$100</td> </tr> </tbody> </table>

<table> <tbody> <tr> <td>Division I. Floodplain Management</td> <td>$500</td> </tr> </tbody> </table>

<table> <tbody> <tr> <td>§ 51-2. Compliance with park rules</td> <td>$200</td> </tr> </tbody> </table>

<table> <tbody> <tr> <td>§ 19-101. Prohibited conduct</td> <td>$500</td> </tr> </tbody> </table>

If approved by the District Court, the form for a code enforcement injunction petition may contain the summons, directing the defendant to appear for hearing on a specified date.

Except in an emergency, a specified hearing date may not be less than 7 days after service of the summons on the defendant.

An enforcement officer must coordinate the selection of hearing dates with the appropriate District Court officials.

A code enforcement injunction petition must contain:

If the violation is subject to a civil fine, the injunction petition may include a request that the fine be imposed.

If the violation is a condition on real property owned by the defendant, the injunction petition may include a request for judgment in the amount of any outstanding municipal liens on the property, if the property is:

in accordance with Maryland Rule 3-121; or

for violations related to real property owned by the defendant, if proof is made by affidavit that a good faith effort to serve the defendant by personal delivery or by certified mail, return receipt requested, has not succeeded, then:

the address provided in the rental property registration records of Baltimore City may be used as the last known address of a defendant who is an absentee owner of residential real property on which code violations are cited; or

the mail-to address provided in the real property tax records of Baltimore City may be used as the last known address of a defendant who:

the equitable relief requested;

the amount of unpaid municipal liens on the property; and

the amount of civil fine for the violation, which, following the defendant’s failure to appear, may be doubled to no more than $1,000.

the fine is a judgment in favor of the City;

if the fine is unpaid 30 days after the date of entry, the judgment is enforceable like other money judgments unless the Court has suspended or deferred payment under item (3) of this subsection; and

the Court may set conditions for suspending or deferring payment of the fine.

The equitable relief ordered by the Court may include an order authorizing the City to perform acts, described with particularity, to abate a violation at the expense of the defendant.

The City may present a bill for its abatement expenses under this subsection by:

If the defendant does not pay the City’s bill within 30 days of presentment, the City may file a motion in accordance with the Maryland Rules for entry of judgment against the defendant for the abatement expenses.

Except as provided otherwise in paragraph (2) of this subsection, the plaintiff must prove he is entitled to the relief requested by a preponderance of the evidence.

If the plaintiff seeks to have a civil fine imposed, he must prove by clear and convincing evidence that the defendant committed the violation cited.

Except as provided in paragraph (2) of this subsection, if a defendant fails to pay a fine or Court cost imposed by the Court or fails to comply with any other order of the Court, the Court may hold the defendant in contempt under Maryland Rules 15-205 and 15-206 and may enforce the order under Maryland Rule 3-648.

A money judgment for municipal liens or abatement expenses may not be enforced by contempt.