Subtitle 28 – Enforcement; Reviews; Penalties
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 7, § 28-1 (2026)
§ 28-1 Violation notices.LinkCopy Citation
(a)Notice required.
If a violation is found, the Department must provide written notice of the violation to:
(1)
the developer or owner; and
(2)
the on-site personnel.
(b)Contents.
A violation notice must describe:
(1)
the nature of the violation; and
(2)
the required corrective action.
History: Ord. 02-367
Balt., Md., Code art. 7, § 28-2 (2026)
§ 28-2 Enforcement of notice.LinkCopy Citation
(a)In general.
The Department may take any one or a combination of the following actions to enforce a violation notice.
(b)Stop work order.
If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site.
(c)Bond forfeiture; other action.
If reasonable efforts to correct the violation have not been undertaken, the Department may:
(1)
cause the performance bond or other securities to be forfeited; and
(2)
refer the matter for legal action.
(d)Civil fines.
(1)
The Department may impose civil fines for minor infractions of this Division II.
(2)
A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Department with the approval of the Baltimore City Board of Estimates.
History: Ord. 02-367
Balt., Md., Code art. 7, § 28-3 to 28-4 (2026)
§§ 28-3 to 28-4LinkCopy Citation
Reserved
Balt., Md., Code art. 7, § 28-5 (2026)
§ 28-5 Administrative review – In general.LinkCopy Citation
(a)Right of appeal.
Any person aggrieved by the action of any official charged with the enforcement of this Division II, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division II, or otherwise:
(1)
may appeal the action to the Director of Public Works; and
(2)
on timely request, is entitled to a hearing on that appeal.
(b)When and how taken.
The appeal must:
(1)
be in writing;
(2)
state clearly the grounds on which the appeal is based;
(3)
if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and
(4)
be filed with the Director within 10 days of the action in dispute.
History: Ord. 02-367
History: Ord. 14-307
History: Ord. 19-332
Balt., Md., Code art. 7, § 28-6 (2026)
§ 28-6 Administrative review – Delegation of hearing authority.LinkCopy Citation
(a)In general.
Hearings may be conducted by:
(1)
the Director of Public Works; or
(2)
a hearing officer designated by the Director.
(b)Scope of delegation.
The Director may delegate to a hearing officer the authority to issue:
(1)
proposed or final findings of fact;
(2)
proposed or final conclusions of law;
(3)
proposed or final findings of fact and conclusions of law;
(4)
proposed or final orders; or
(5)
the final administrative decision of the Department.
History: Ord. 02-367
Balt., Md., Code art. 7, § 28-7 (2026)
§ 28-7 Administrative review – Conduct of hearing.LinkCopy Citation
(a)Notice.
(1)
The Director of Public Works must provide all parties reasonable written notice of the hearing.
(2)
The notice must state:
(i)
the date, time, place, and nature of the hearing;
(ii)
the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative;
(iii)
the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|7|§28-8">§ 28-8 of this subtitle</cite>; and
(iv)
that failure to appear for the scheduled hearing may result in an adverse action against the party.
(b)Hearings to be open and informal.
Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be:
(1)
open to the public; and
(2)
conducted in an orderly but informal manner.
History: Ord. 02-367
Balt., Md., Code art. 7, § 28-8 (2026)
§ 28-8 Administrative review – Evidence.LinkCopy Citation
(a)In general.
Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply.
(b)Right to submit.
On a genuine issue of fact, a party is entitled to:
(1)
call witnesses;
(2)
offer evidence, including rebuttal evidence;
(3)
cross-examine any witness that another party or the Department calls; and
(4)
present summation and argument.
(c)Scope.
The Director or hearing officer:
(1)
may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence;
(2)
may not exclude evidence solely on the basis that it is hearsay;
(3)
must give effect to a privilege recognized by law;
(4)
may receive documentary evidence in the form of copies or excerpts or through incorporation by reference;
(5)
may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and
(6)
may exclude evidence that is:
(i)
incompetent;
(ii)
irrelevant;
(iii)
immaterial; or
(iv)
unduly repetitious.
History: Ord. 02-367
Balt., Md., Code art. 7, § 28-9 (2026)
§ 28-9 Administrative review – Final decisions.LinkCopy Citation
(a)Form and contents.
A final decision must:
(1)
be in writing; and
(2)
contain separate statements of:
(i)
the findings of fact;
(ii)
the conclusions of law; and
(iii)
the decision or order.
(b)Distribution.
A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record.
History: Ord. 02-367
Balt., Md., Code art. 7, § 28-10 (2026)
§ 28-10LinkCopy Citation
Reserved
Balt., Md., Code art. 7, § 28-11 (2026)
§ 28-11 Judicial and appellate review.LinkCopy Citation
(a)Judicial review.
A party aggrieved by a final decision of the Department under this Division II may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
(b)Appellate review.
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.
History: Ord. 02-367
History: Ord. 04-672
History: Ord. 19-332
Balt., Md., Code art. 7, § 28-12 (2026)
§ 28-12LinkCopy Citation
Reserved
Balt., Md., Code art. 7, § 28-13 (2026)
§ 28-13 Criminal penalties.LinkCopy Citation
(a)In general.
Any person who violates any provision of this Division II or of any rule or regulation adopted under or incorporated into this Division II is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each violation.
(b)Each day a separate offense.
Each day that a violation continues is a separate offense.
History: Ord. 02-367