The following officials shall from time to time certify to the Police Commissioner the names of employees of their respective departments for appointment by the Police Commissioner as 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.
The officers appointed may not arrest or take into custody any violator or otherwise have the power of arrest in their official capacity.
A record of appointment of the officers shall be kept by the Police Commissioner and any appointment may be revoked by the Commissioner at any time.
The form of badge and type of uniform, if any, worn by the appointed officers shall be approved by the Police Commissioner.
In addition to issuing prepayable criminal citations under <cite data-path="|19|§71-2">§ 71-2 of this subtitle</cite>, Special Enforcement Officers may issue and serve civil administrative citations to appear before the Environmental Control Board under <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”} of the City Code.
City Code, 1976/83, art. 19, §144
Ord. 74-509
Ord. 89-224
Ord. 90-612
Ord. 91-835
Ord. 98-359
Ord. 03-572
Ord. 07-399
The criminal citations that Special Enforcement Officers are authorized to issue may provide that the recipient may waive trial and prepay a specified fine.
The authority of the Special Enforcement Officers to issue prepayable citations is limited to violations that are specifically enumerated in this section and for which a specific prepayable fine is designated in this section.
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:a notice for a prior violation of the same provision of law at the same address was issued to the same person, following which the violation was abated; or
a citation for the same violation at the same address was issued to the same person.
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:a trial date that is at least 2 weeks after the date of issuance; and
a date by which the specified fine may be paid if the recipient wishes to waive trial.
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.
Citations issued under this section shall be in a form approved by the District Court of Maryland.
The contents of citations issued under this section shall comply with all relevant requirements of the Maryland Rules of Procedure and with § 16-16A of the Public Local Laws of Baltimore City.
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.
Uniform administrative procedures for implementing this section shall be jointly devised and adopted by the Commissioner of Housing and Community Development, the Chief of the Fire Department, and the Commissioner of Health, in consultation with the District Court on any matter affecting the Court’s operation.
The authority of a Special Enforcement Officer to issue prepayable criminal citations is limited to the following provisions of the City Code:
<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>
City Code, 1976/83, art. 19, §145
Ord. 98-359
Ord. 02-475
Ord. 03-572
Ord. 08-063
Ord. 13-093
Ord. 14-208
Ord. 15-427
Ord. 16-581
Ord. 17-015
Ord. 20-361
A special enforcement officer of the Department of Housing and Community Development may issue and serve a petition for a code enforcement injunction, to be adjudicated in the District Court, for any violation that is subject to equitable remedies of a code, ordinance, regulation, or Public Local Law pertaining to building, housing, zoning, fire, public health, and sanitation.
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:the name and address of the person charged;
the nature of the violation and the section of law violated;
the location, date, and time the violation was observed;
the nature of equitable relief requested;
the effect of failing to appear for hearing;
the enforcement officer’s certification attesting to the truth of the matter set forth; and
any additional facts necessary to entitle the plaintiff to the relief requested.
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:a vacant lot; or
a vacant building that is unfit for habitation.
A District Court code enforcement injunction petition may be served on the defendant: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:by regular mail to the defendant’s last known address and either delivery to an adult or posting of the injunction petition at the defendant’s last known address; or
if the last known address of the defendant is a post office box or is out-of-state, by regular mail to the defendant’s last known address and posting of the injunction petition at the property on which code violations are cited.
For the purpose of service of a District Court code enforcement injunction petition: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:is an absentee owner of residential real property on which code violations are cited; and
has failed to register in the rental property registration records of Baltimore City.
If an owner has properly registered a current local agent and local address for service of process under the requirements of the Baltimore City Code relating to rental property registration, and if service is made by mail and posting at a last known address other than that provided in the owner’s rental property registration form, then notice of the proceeding shall be sent to the owner at the rental property registration address, by certified mail, at least 72 hours before the time and date of the hearing on the permanent injunction.
If the defendant fails to appear for a hearing on the specified date, on motion of the plaintiff, the Court may enter a default judgment against the defendant for 1 or more of the following, as appropriate: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.
When the Court imposes a civil fine: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:regular mail to the defendant’s last known address; or
any other means reasonably calculated to bring the bill to the defendant’s attention.
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.
The State’s Attorney, the City Solicitor, or any attorney designated by the City may represent the City in a code enforcement injunction proceeding.
City Code, 1976/83, art. 19, §146
Ord. 99-430