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<baltimore-city-law heading="Subtitle 3 – Administrative and Judicial Review">
  <section prefix="§" num="19-301" heading="Administrative appeals.">
    <para num="(a)" heading="Who may appeal.">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:<para num="(1)">any person aggrieved by the decision; or</para>
      <para num="(2)">any officer or department, board, bureau, or other unit of the City affected by the decision.</para>
    </para>
    <para num="(b)" heading="When and how taken.">
      <para num="(1)">The notice of appeal must be filed as follows:<para num="(i)">in the case of a violation notice, within 10 days of the date the notice was served; and</para>
        <para num="(ii)">in the case of any other decision, within 10 days of the date on which notice of the decision was given.</para>
      </para>
      <para num="(2)">The notice of appeal must:<para num="(i)">be filed with the Zoning Administrator, in the form that the rules of the Board of Municipal and Zoning Appeals require; and</para>
        <para num="(ii)">specify the grounds for the appeal.</para>
      </para>
      <para num="(3)">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.</para>
    </para>
    <para num="(c)" heading="Stay of proceedings.">
      <para num="(1)">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.</para>
      <para num="(2)">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.</para>
    </para>
    <para num="(d)" heading="Decision of Board.">
      <para num="(1)">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.</para>
      <para num="(2)">In exercising its powers of review, the Board of Municipal and Zoning Appeals may:<para num="(i)">reverse or affirm, wholly or in part, or modify the decision appealed from; and</para>
        <para num="(ii)">make any order, requirement, decision, or determination as ought to be made in accordance with this Code.</para>
      </para>
      <para num="(3)">For these purposes, the Board of Municipal and Zoning Appeals has all the powers conferred by this Code on the Zoning Administrator.</para>
    </para>
    <annotation type="History">Ord. 16-581</annotation>
    <annotation type="History">Ord. 17-015</annotation>
    <annotation type="History">Ord. 18-136</annotation>
  </section>
  <section prefix="§" num="19-302" heading="Judicial review.">
    <para num="(a)" heading="Final administrative decision.">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.</para>
    <para num="(b)" heading="Who may seek.">Judicial review of a final administrative decision of the Board of Municipal and Zoning Appeals may be sought by:<para num="(1)">any person aggrieved by the decision; or</para>
      <para num="(2)">any officer or department, board, bureau, or other unit of the City aggrieved by the decision.</para>
    </para>
    <para num="(c)" heading="How and when taken.">
      <para num="(1)">This review must be sought within the time and in the manner required by law and the Maryland Rules of Procedure.</para>
      <para num="(2)">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.</para>
      <para num="(3)">The Board of Municipal and Zoning Appeals must promptly notify the City Solicitor of the filing of every petition for judicial review.</para>
    </para>
    <para num="(d)" heading="Stay of proceedings.">
      <para num="(1)">The filing of a petition for judicial review does not stay the proceedings for which the review is sought.</para>
      <para num="(2)">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.</para>
    </para>
    <annotation type="History">Ord. 16-581</annotation>
    <annotation type="History">Ord. 17-015</annotation>
  </section>
  <section prefix="§" num="19-303" heading="Appellate review.">
    <text>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.</text>
    <annotation type="History">Ord. 16-581</annotation>
    <annotation type="History">Ord. 17-015</annotation>
  </section>
</baltimore-city-law>
