Whenever the Zoning Administrator learns of a violation of § 19-101 {“Prohibited conduct”} of this Code, the Zoning Administrator may issue a violation notice to:the owner of record of the property, as shown on the tax records of Baltimore City; and any other person who the Zoning Administrator has reason to believe is a person responsible for the violation. The notice must:specify the location and nature of the violation; cite the provisions of this Code or of the rules, regulations, manual, permit, notice, or order that have been violated; state the requirements that must be complied with to rectify the violation and the time within which the violation must be rectified; and advise the recipient of the right to request a hearing within 10 days of the date on which the notice was served. On receipt of a violation notice from the Zoning Administrator, the recipient must immediately take appropriate steps to correct the violation. Ord. 16-581 Ord. 17-015

Except as otherwise specified in this Code, all notices issued by the Zoning Administrator must be served on:the person for whom the notice is intended; or an authorized agent or representative of that person. If more than 1 person is responsible for the violation or otherwise responsible for complying with this Code, as in a case of property owned by more than 1 person, notice may be served on any 1 of those persons or on any authorized agent or representative of any of them. A notice is properly served on a person if:served personally on that person (or on that person’s authorized agent or representative); hand-delivered to the home or business address of that person (or of that person’s authorized agent or representative); or sent by certified or registered mail, return receipt requested, to the home or business address of that person (or of that person’s authorized agent or representative). Adequate and sufficient notice may be made by posting a copy of the notice on the property in question if:the identity or whereabouts of the person responsible is unknown; or a notice that was hand-delivered or mailed under subsection (c) of this section is refused, returned unclaimed, or designated undeliverable by the post office for any reason, and neither of the following sources can provide a more accurate address:the tax records of the City’s Bureau of Treasury Management, Collections Division; and the property registration files of the Department of Housing and Community Development. Ord. 16-581 Ord. 17-015 Ord. 18-171

The Zoning Administrator may extend the time within which to comply with a violation notice if, in the Administrator’s judgment, more time is needed to comply. Ord. 16-581 Ord. 17-015

If a violation is not promptly discontinued and rectified or if a violation notice is not complied with promptly, the Zoning Administrator may institute or cause to be instituted any appropriate civil or criminal action or proceeding to secure compliance. These enforcement proceedings include:civil court proceedings (see § 19-213); service of citations (see § 19-214; and criminal prosecution (see § 19-215). Ord. 16-581 Ord. 17-015

In pursuing a violation, the Zoning Administrator may use any one or more available remedies or enforcement actions. The initiation of any one remedy or enforcement action does not preclude pursuing any other remedy or enforcement action authorized by law. Ord. 16-581 Ord. 17-015

The Zoning Administrator, on behalf of the Mayor and City Council, may file a petition in District Court to compel compliance with or obtain other relief under this Code. In an action brought under this section, the court may compel compliance with this Code by:issuing an order to cease and desist from a violation; and granting other injunctive relief, as appropriate to:prevent unlawful construction; restrain, correct, or abate a violation; prevent illegal occupancy of a structure or premises; or stop an illegal act, conduct, business, or use of a structure on or about any premises. In an action brought under this section, the court may also:impose a civil fine of up to $500 for each day that a violation continues; and award to the City reasonable enforcement costs and attorney’s fees, whether or not the attorney is a salaried employee of the City. Ord. 16-581 Ord. 17-015 Ord. 18-171

In addition to any other civil or criminal remedy or enforcement procedure, this Code may be enforced by issuance of the following: an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}; and a pre-payable criminal citation under City Code <cite data-path="|19">Article 19</cite>, Subtitle 71 {“Special Enforcement Officers”}. Ord. 16-581 Ord. 17-015

Any person who violates any provision of <cite data-path="|32|§19-101">§ 19-101 {“Prohibited conduct”} of this title</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. Ord. 16-581 Ord. 17-015

A decision of the Zoning Administrator, including the issuance of a violation notice under Subtitle 2 {“Enforcement”} of this title, may be appealed to the Board of Municipal and Zoning Appeals by:any person aggrieved by the decision; or any officer or department, board, bureau, or other unit of the City affected by the decision. The notice of appeal must be filed as follows:in the case of a violation notice, within 10 days of the date the notice was served; and in the case of any other decision, within 10 days of the date on which notice of the decision was given. The notice of appeal must:be filed with the Zoning Administrator, in the form that the rules of the Board of Municipal and Zoning Appeals require; and specify the grounds for the appeal. Once the Zoning Administrator determines the notice of appeal is timely and complete, the Zoning Administrator must transmit the notice to the Board of Municipal and Zoning Appeals, together with all information that constitutes the record of the action appealed from. If the appeal is timely filed and pursued, an appeal to the Board of Municipal and Zoning Appeals stays all proceedings in furtherance of the action appealed from, except as provided in paragraph (2) of this subsection. If the Zoning Administrator certifies to the Board of Municipal and Zoning Appeals that, by reason of facts stated in the certification, a stay would, in his or her opinion, cause imminent peril to life or property or is not justified by any material fact, the proceedings are not stayed, unless otherwise ordered by the Board of Municipal and Zoning Appeals or, on application to a court of competent jurisdiction, with notice to the Zoning Administrator, by the court on good cause shown. Within 30 days of the public hearing, the Board of Municipal and Zoning Appeals must render its decision in writing, setting forth its findings of fact and conclusions of law. If, however, the Board of Municipal and Zoning Appeals determines that additional time is needed to render a decision, the Board may, on written notice to the parties, extend the time for an additional 30 days. In exercising its powers of review, the Board of Municipal and Zoning Appeals may:reverse or affirm, wholly or in part, or modify the decision appealed from; and make any order, requirement, decision, or determination as ought to be made in accordance with this Code. For these purposes, the Board of Municipal and Zoning Appeals has all the powers conferred by this Code on the Zoning Administrator. Ord. 16-581 Ord. 17-015 Ord. 18-136

All decisions and findings of the Board of Municipal and Zoning Appeals that are made on appeals, on application for conditional uses or variances, and in all other matters on which the Board of Municipal and Zoning Appeals is required to act after public notice and hearing, are final administrative decisions, subject to judicial review. Judicial review of a final administrative decision of the Board of Municipal and Zoning Appeals may be sought by:any person aggrieved by the decision; or any officer or department, board, bureau, or other unit of the City aggrieved by the decision. This review must be sought within the time and in the manner required by law and the Maryland Rules of Procedure. Before the petition for judicial review is filed with the court, the petitioner must file a copy with the Board of Municipal and Zoning Appeals and the Zoning Administrator. The Board of Municipal and Zoning Appeals must promptly notify the City Solicitor of the filing of every petition for judicial review. The filing of a petition for judicial review does not stay the proceedings for which the review is sought. On motion and hearing, the court may grant a stay on good cause shown, subject to the conditions of bond or otherwise that the court considers proper. Ord. 16-581 Ord. 17-015

Any 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. 16-581 Ord. 17-015