# Subtitle 35 – 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.

## § 35-1 Violation notices.

Balt., Md., Code art. 7, § 35-1 (2026)

(a) If a violation is found, the Department must provide written notice of the violation to:

  (1) the owner or developer; and

  (2) the responsible personnel.

(b) The notice must describe:

  (1) the nature of the violation;

  (2) the required corrective action; and

  (3) the time period within which the violation must be corrected.

(c) The Department must post on its website a copy of all notices of violations issued under this section.

*History: Ord. 13-095*

## § 35-2 Enforcement of notice.

Balt., Md., Code art. 7, § 35-2 (2026)

(a) Any one or a combination of the following actions may be taken to enforce a violation notice.

(b) If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site.

(c) If reasonable efforts to correct the violation have not been undertaken, the Department may:

  (1) cause the performance bond or other security to be forfeited; and

  (2) refer the matter for legal action, including pursuit of criminal and civil penalties under <cite data-path="|7|§35-9">§ 35-9 of this subtitle</cite>.

(d) In addition to any other sanction under this Division III, a person who fails to install or maintain erosion and sediment controls in accordance with an approved plan is liable in a civil action to the City or the State, as the case may be, for damages in an amount equal to double the cost of installing or maintaining the controls.

*History: Ord. 13-095*

## § 35-3 Injunctive relief.

Balt., Md., Code art. 7, § 35-3 (2026)

Any State or City agency or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Division III.

## § 35-4

Balt., Md., Code art. 7, § 35-4 (2026)

Reserved

## § 35-5 Administrative review – In general.

Balt., Md., Code art. 7, § 35-5 (2026)

(a) Any person aggrieved by the action of any official charged with the enforcement of this Division III, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division III, or otherwise:

  (1) may appeal the action to the Director of Public Works;

  (2) on timely request, is entitled to a hearing on that appeal.

(b) The appeal must:

  (1) be in writing;

  (2) clearly state 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. 13-095*

*History: Ord. 14-307*

## § 35-6 Administrative review – Delegation of hearing authority.

Balt., Md., Code art. 7, § 35-6 (2026)

(a) Hearings may be conducted by:

  (1) the Director of Public Works; or

  (2) a hearing officer designated by the Director.

(b) 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. 13-095*

*History: Ord. 15-331*

## § 35-7 Administrative review – Conduct of hearing.

Balt., Md., Code art. 7, § 35-7 (2026)

(a)

  (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|§35-8">§ 35-8 of this subtitle</cite>; and

    (iv) that failure of a party to appear for the scheduled hearing may result in an adverse action against the party.

(b) 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. 13-095*

## § 35-8 Administrative review – Evidence.

Balt., Md., Code art. 7, § 35-8 (2026)

(a) 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) 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) 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. 13-095*

## § 35-9 Administrative review – Final decisions.

Balt., Md., Code art. 7, § 35-9 (2026)

(a) The 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) A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record.

*History: Ord. 13-095*

*History: Ord. 15-331*

## § 35-10

Balt., Md., Code art. 7, § 35-10 (2026)

Reserved

## § 35-11 Judicial and appellate review.

Balt., Md., Code art. 7, § 35-11 (2026)

(a) A party aggrieved by a final decision of the Department under this Division III 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) 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. 13-095*

*History: Ord. 19-332*

## § 35-12

Balt., Md., Code art. 7, § 35-12 (2026)

Reserved

## § 35-13 Penalties.

Balt., Md., Code art. 7, § 35-13 (2026)

(a)

  (1) The Department may impose civil fines for violations of this Division III.

  (2) The amount of the fines are as set forth in the fine schedule established from time to time by the Department with the approval of the Board of Estimates.

  (3) No fine may exceed $1,000 for any1 offense.

(b) Any person who violates any provision of this Division III or of any rule or regulation adopted under or incorporated into this Division III 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 offense.

(c) Each day that a violation continues is a separate offense.

*History: Ord. 13-095*