The Commissioner may appoint persons as special enforcement officers of the City of Baltimore which may provide by ordinance for their duties, functions, and procedures as special officers. The officers may issue and serve citations and summonses to appear before the appropriate division of the District Court in proceedings for enforcement of any City code, ordinance, regulation, or provision of public local law pertaining to building, housing, zoning, fire, public health, sanitation, and parks. These officers may receive complaints and investigate all violations enumerated in paragraph (1) of this subsection and all violations of any State law or regulation concerning buildings, public health, fire, or sanitation reported to them by any State department or agency. The officers may not arrest or take into custody any violator under this subsection or otherwise have the power of arrest in their official capacity. A record of appointment of officers shall be kept by the Commissioner and any appointment may be revoked by the Commissioner at any time. The form of badge and the type of uniform that may be worn by the special enforcement officers shall be approved by the Police Commissioner. These officers may issue citations pursuant to <cite data-path="16|§16-16A|(a)">subsection (a) of this section</cite> requiring a recipient to stand trial for a violation or, alternatively, to prepay a specified fine. The City of Baltimore shall designate by ordinance the violations for which citations may be issued and the amount of the fine for each violation. The amount of the fine shall be within the range of a petty offense but may not exceed the maximum monetary penalty provided by the ordinance or other law that has been violated. A violation for which incarceration is a penalty may not be charged by prepayable citation.On each citation the issuing officer shall sign a certification under penalty of perjury that the facts contained in the citation are true to the best of the officer’s information, knowledge, and belief. Promptly after issuance and service, the issuing officer shall file the original of each citation in the appropriate division of the District Court. A certified and filed citation shall constitute prima facie evidence of the facts contained if the recipient waives trial and prepays the fine. If the presence of the issuing officer is not requested at trial, a certified and filed citation shall constitute a stipulation that if present the issuing officer would testify that the facts are as set forth in the citation. The stipulation may not be deemed a waiver of the recipient’s right to testify and to controvert the officer’s version at trial. A citation issued under <cite data-path="16|§16-16A">this section</cite> shall command and require the recipient to:stand trial for the offense charged or prepay the amount of the fine indicated, in the time, place, and manner directed; appear in the District Court for a trial when notified or at the time and place indicated on the citation; provide accurate information regarding any change in or correction of the address to which notification is to be sent as to the trial date or any other notice that relates to the citation; and sign a statement on the citation that acknowledges the receipt of the citation and that promises compliance with all of the requirements of the citation set forth in this subsection. The following information shall be contained in a citation issued pursuant to <cite data-path="16|§16-16A|(a)">subsection (a) of this section</cite>:the name and address of the recipient; essential facts of the violation charged and the provision of law violated; notice to the recipient that prepayment of the fine is a waiver of the right to trial and that prepayment authorizes the entry of a plea of no contest to the violation charged and a disposition by the court in accordance with the plea and the facts contained in the citation; notice to the recipient that the citation constitutes prima facie evidence of the facts contained if trial is waived or where the presence of the issuing officer is not requested at trial; notice to the recipient that failure to obey any requirement of the citation could result in the issuance of an arrest warrant and increased or additional fines and penalties; notice to the recipient as required by the provisions of the Maryland Rules relating to the content of charging documents; and any other necessary information. In consultation with the District Court, the City of Baltimore shall adopt by ordinance and regulation necessary and appropriate provisions and procedures to implement <cite data-path="16|§16-16A">this section</cite>. If approved by the Chief Judge of the District Court, the form of a citation under <cite data-path="16|§16-16A">this section</cite> may contain the summons. Subject to paragraph (1) of this subsection, a special enforcement officer may issue and serve a civil citation that constitutes a complaint and a summons for a violation of any codes enumerated under <cite data-path="16|§16-16A|(a)">subsection (a) of this section</cite> that, by ordinance, are subject to civil penalties or equitable remedies. A civil citation shall be served on the defendant:in accordance with Maryland Rule 3-121; or for violations related to real property, 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, by:regular mail to the defendant’s last known address; and if the last known address of the defendant in the State is not a post office box:delivery to an adult at the last known address of the defendant; or posting at the last known address of the defendant; or if the last known address of the defendant is outside of the State or is a post office box, posting the citation at the property where the violation occurred. For the purposes of service of a civil citation as provided under <cite data-path="16|§16-16A|(h)">subsection (h) of this section</cite>: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; 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; and has failed to register in the rental property registration records of Baltimore City. The civil citation shall contain:the enforcement officer’s certification attesting to the truth of the matter set forth in the citation; the name and address of the person charged; the nature of the violation and citation of the specific section of law that is violated; the location, date, and time the violation was observed; the amount of the civil fine assessed; the manner, location, and time in which the fine may be paid to the City; the nature of equitable relief requested, if applicable; notice of the right of the person to elect to stand trial for the violation and to contest the City’s claim to the requested relief; notice of the effect of failing to pay the assessed fine or appear for trial at the prescribed time; and notice of the right of the person to request the presence of the issuing enforcement officer at trial. If a citation is issued for a violation arising from the condition of real property owned by the defendant, the citation may include a count demanding judgment for outstanding municipal liens against the property if the property is:a vacant lot; or a structure that is vacant and unfit for habitation. The civil citation may contain a summons in a form approved by the District Court. Except where the civil citation contains a demand for injunctive or other equitable relief or a demand for judgment in the amount of outstanding municipal liens against the property that is the subject of the citation, the summons shall specify that the defendant is not required to appear in District Court if the fine is paid as provided in the citation. An enforcement officer shall coordinate the selection of court dates with the appropriate District Court officials. If the defendant fails to pay the fine with a prepayment option as provided in the citation and fails to appear in District Court as provided in the summons:the City may double the fine to an amount not to exceed $1,000; and notwithstanding any other provision of law, if a proper motion for judgment has been made, the court may:enter judgment against the defendant and in favor of the City in the amount of the fine then due; enter an order granting equitable relief from the violation as requested by the City; or enter judgment for the City in the amount of the outstanding municipal liens against the property that is the subject of the citation. If a defendant is found by the District Court to have committed a violation that is subject to civil penalty: the court shall order the defendant to pay an amount not to exceed the fine then due, including any doubling of the fine, not to exceed the amount specified in <cite data-path="16|§16-16A|(k)">subsection (k) of this section</cite>; the fines imposed shall constitute a judgment in favor of the City; and if the fine remains unpaid for 30 days following the date of its entry, the judgment shall be enforceable in the same manner and to the same extent as other civil judgments for money unless the court has suspended or deferred the payment of the fine as provided under paragraph (2) of this subsection; the court may suspend or defer the payment of any fine under conditions that the court sets; the defendant may be liable for the costs of the proceedings in the court; the court may order the defendant to abate the violation or grant other equitable relief requested by the City, including entry of an order permitting the City to follow specific actions described in the order to abate any violation at the expense of the defendant; and if the defendant fails to comply with any 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. If the City abates a violation pursuant to an order of the District Court, the City shall present the defendant with a bill for the cost of abatement by:regular mail to the defendant’s last known address; or any other means that are reasonably calculated to bring the bill to the defendant’s attention. If the defendant does not pay the bill within 30 days after presentment, the City may file a motion with the District Court for entry of a judgment against the defendant for the cost of abatement. On the filing of a motion under this subsection, the defendant shall be given proper notice and an opportunity for a hearing in accordance with the Maryland Rules. Except as provided in paragraph (2) of this subsection, if a defendant fails to pay any fine or cost imposed by the District Court in an action for a violation subject to civil penalties, the District Court may punish the failure as contempt of court. A money judgment for municipal liens or abatement or enforcement expenses may not be enforced by contempt. In any proceeding for a violation subject to civil penalties:the District Court shall apply the evidentiary standards as prescribed by law or rule for the trial of civil causes, except it shall be the burden of the City to prove by clear and convincing evidence that the defendant has committed a violation for which imposition of a civil fine is sought; the District Court shall ensure that the defendant has received a copy of the citation and that the defendant understands the allegations contained in the citation; if a defendant has not requested the presence of the issuing enforcement officer, and the issuing officer is not present, a civil citation sworn to or affirmed by the officer shall be considered prima facie evidence of the facts contained in the civil citation; and the defendant may admit or deny a violation, and the court shall enter judgment for the defendant or the City. The State’s Attorney, the City Solicitor, or any attorney designated by the City is authorized to represent the City in enforcing a civil citation. P.L.L., 1969, §16-16A 1973. ch. 444 1977, ch. 299 1988, ch. 759 1997, ch. 552 2003, ch. 469