In this Division, the following terms shall have the meanings indicated: Administrative Citation means a prepayable citation issued for the violation of any law or regulation for which this Code provides for administrative adjudication under this Division and which charges a person with violation of the law or regulation and requires the person to pay a fine and abate the infraction. Administrative Hearing Officer means an individual nominated by the Director, but shall be approved by the Board to conduct hearings or proceedings pursuant to this Division. Administrative Hearing Unit means the panel of Administrative Hearing Officers that conduct hearings or proceedings pursuant to this Division. Board means the Prince George's County Nuisance Abatement Board under Section 14-173 of the County Code. Chairperson means the Chairperson of the Board or the Chairperson's designee. Charging agency means the Department of Permitting, Inspections and Enforcement Day in this Division, shall mean calendar days. Department means the Department of Permitting, Inspections, and Enforcement. Director means the Director of the Prince George's County Department of Permitting, Inspections and Enforcement or the Director's designee. Hearing Administrator means an individual nominated by the Director and approved by the Board to consider and issue decisions where reconsideration of an Administrative Hearing Officer's decision is requested pursuant to Sec. 13-1128 of this Code. Inspector means a County employee of the Department of Permitting, Inspections, and Enforcement who has been authorized by the employee's agency to issue citations, or violation notices, under this Subtitle, or any other relevant provisions of the County Code. Party means a charging agency or a respondent. Person means: an individual; a receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; or a partnership, firm, association, corporation, governmental agency, or other entity of any kind. Prima facie evidence means evidence that, on its face, would be sufficient to establish something as a fact unless later rebutted by subsequent evidence to the contrary. Probative means tending to prove or disprove a point in a dispute. Respondent means the person to whom a citation is issued. Violation notice means a document issued by a department inspector, or enforcement officer informing a party of non-compliance with the law that requires abatement.

These rules shall govern all proceedings under this Division and any other relevant provisions of the County Code. The requirements of Subtitle 28 of the Prince George's County Code do not apply to this Division. The issuance of a citation under this Division does not preclude the pursuit of any other remedy or enforcement action under any other provisions of the County Code.

The Administrative Hearing Unit has full authority to enforce the provisions of this Division, including any rules and regulations adopted under them.

In general. The Director shall recommend rules and regulations to the Administrative Hearing Unit. The Administrative Hearing Unit may accept or reject the recommendations as it deems appropriate. The Administrative Hearing Unit shall adopt rules and regulations necessary to carry out its powers and duties, which they may amend, under this Division and shall make those rules and regulations publicly available. Matters included. The rules and regulations shall include: procedures for the issuance and enforcement of administrative citations, notices of violations, civil fines, and civil penalties; procedures for the adjudication of contested matters, including the conduct of hearings and appeals by the Administrative Hearing Unit; procedures for the enforcement of any order that is contained in a citation or made part of an order or decision of an Administrative Hearing Officer; and procedures for authorizing, but not mandating electronic filing.

Required contents. A citation issued under this Division shall include, at a minimum: date of issuance; the name and address of the party charged; the address of the location at which the violation occurred; the date and time that the violation occurred; a description of the nature of the violation; the section of this Code that was violated; the manner and time in which the person shall either: pay the prescribed fine prescribed for the violation and correction of the violation or request a hearing on the violation; the time within which the violation, if ongoing, must be abated; and a notice that failure to pay the fine and correct the violation, or to request a hearing, within the prescribed time may result in a default decision and order entered against the party. Service of citations. A citation shall be: issued by an Inspector; and served on the person or property and the property owner cited by one of the following methods: in person; first class mail; delivery to a person 18 years or older who resides at the cited person's last known address; or posting on the front door of the property; or delivery to the registered agent by first class mail; or delivery by email, by written consent. Email is the exchange of computer-stored messages from one user to one or more recipients through the internet that requires a webmail server address. The Department shall provide guidelines for implementation of email methods of service set forth in Section 13-112(a) of this Subdivision. It is the responsibility of those who consent in writing to be served an administrative citation of the Housing Code by email to maintain a current email address with the Department. if applicable, mailed to the property owner and registered management agent for multifamily property. Effect of citation. When properly issued and served, the citation or a copy of it shall: constitute full and complete notice of the violation cited in it; constitute full and complete notice of an order of abatement, if abatement is ordered; and constitute prima facie evidence of the facts contained in it, if sworn to or affirmed under the penalties of perjury. Single document permissible. A single document may be used to issue two or more separately numbered citations. Electronic signature. An electronic signature may be used to execute a citation and to serve as an affirmation, under the penalties of perjury, that the facts stated in the citation are true. Records of citation to be kept. The original or a copy of the citation shall be filed and retained in the records of the Administrative Hearing Unit.

Failure to respond to administrative citation constitutes an admission of liability. Any person cited under an administrative citation is conclusively considered to have admitted liability for the violation cited and responsibility for abating the violation if, after thirty (30) days of service of the violation, the person: fails to pay the prescribed prepayable fine and abate the violation; or fails to request a hearing on the violation; or fails to appear on the designated hearing date, if the party has requested a hearing. Order of an Administrative Hearing Officer, default penalty. Under any of the circumstances described in subsection (a) of this section, an Administrative Hearing Officer may: render a default decision and order against the Respondent; and impose a civil penalty, after consideration of certain factors, which may include, the nature and severity of the underlying violation, history of past violations, mitigating or aggravating circumstances, that is: no less than the amount of the prepayable fine specified for the violation in question; and a maximum of: one thousand dollars ($1,000); or three times the prepayable fine specified for the violation in question. Notice of default order. Before an order based on a default becomes final, an Administrative Hearing Officer shall notify the Respondent, by first-class mail, of: the default decision and order; the amount of all penalties imposed; and the right of the Respondent, within thirty (30) days of the notice, to avoid a final judgment and collection proceedings by requesting that the default be vacated for good cause shown.

In general. The Administrative Hearing Unit, acting through its Administrative Hearing Officers, and other authorized agents shall: conduct hearings and other proceedings for adjudicating violations of the laws, rules, and regulations enforced by the Administrative Hearing Unit; and have full authority to render decisions and orders, as well as impose civil penalties provided by law for those violations. Every decision of an Administrative Hearing Officer from which no reconsideration is sought constitutes a final action of Administrative Hearing Unit.

A Respondent found liable at a hearing conducted pursuant to this Subtitle shall be entitled to reconsideration of the matter if a written application is received by the Department or is postmarked within 10 calendar days of the date of a finding of liability. The application for reconsideration shall set forth one or more of the following grounds: Newly discovered or newly available relevant evidence; Need for additional evidence to establish a defense; Probable error committed by the Administrative Hearing Officer in the proceeding, including failure to judicially notice a fact on which the decision of the Administrative Hearing Officer rests or failure to inform the respondent of a judicially noticed fact on which the decision of the Administrative Hearing Officer; or A clear need for further consideration of the issues. An application for reconsideration shall contain all documents or evidence in support of reconsideration. On reconsideration, the matter shall be reviewed by the Hearing Administrator, or a designee. The Hearing Administrator shall issue a decision on an application for reconsideration within sixty (60) days of receipt of the application. Failure by the Hearing Administrator, or a designee, to issue a decision within sixty (60) calendar days after receipt of an application for reconsideration shall be deemed a decision in favor of the Respondent. A decision on application for reconsideration constitutes the final decision of the Administrative Hearing Unit.

Any party who is aggrieved by a final decision of the Administrative Hearing Unit may seek judicial review of that decision by petition to the Circuit Court for Prince George's County in accordance with the Maryland Rules. The filing of an appeal does not stay an order of the Administrative Hearing Unit, unless the Circuit Court for Prince George's County grants a stay.

Penalty as debt and lien. Any civil penalty imposed on a person by the Administrative Hearing Unit, whether on hearing, on default, or otherwise: is a personal debt owed by that person to the County; and if the offense involves real property owned by that person, creates a lien on that property in favor of the County. Collection of penalties and liens. All penalties and liens incurred under this Division: are collectible from and enforceable against any of the assets of the person who incurred the penalty; and may be collected and enforced in the same way that the County collects and enforces other debts due to it or liens in its favor. Priority over other liens and encumbrances. All penalties and liens incurred under this Division have priority over all other liens and encumbrances, except taxes or other government assessments.

Payment does not relieve obligation to correct. Payment of a fine does not relieve the respondent of the obligation to correct ongoing violations by the date specified in the administrative citation. Additional administrative citations may be issued for uncorrected violations by the date specified in the citation. Correction does not relieve obligation to pay. The correction of a violation does not relieve the respondent of the obligation to pay the prescribed fine. Authority to abate violations upon issuance of final decision of Administrative Hearing Unit. In the event that a Respondent fails to comply with a final decision by the Administrative Hearing Unit that includes an order to abate a violation within fifteen (15) days of the issuance of the final decision, the Department is hereby authorized and empowered to undertake the abatement of the violation by County personnel or by contract. The Department is further authorized to defray the costs of the abatement by assessing those costs to Respondent. Respondent shall be responsible for those costs and shall be notified through the issuance of a written notice served through the following means: Mailing by United States Postal Service first-class mail addressed to Respondent and mailed to the property at which the violation occurred, and Mailing by United States Postal Service first-class mail addressed to Respondent and mailed to any address provided by Respondent to the Administrative Hearing Unit during the course of administrative proceedings, and if the Respondent is the record owner of the property at which the violation occurred, mailing by United States Postal Service first-class mail to the address shown for Respondent on the real property tax records in the Treasurer's Office for Prince George's County. Charges included in tax bill. Where the full amount due the County for the costs of abatement in accordance with subsection (c) above is not paid by Respondent within thirty (30) days after written notice, the Department shall cause to be recorded with the Director of Finance a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done. Recordation of such statement shall constitute a lien on such property and shall be collected in the same manner as other County real estate taxes. Assistance of law enforcement in carrying out abatement order. The Department may request the assistance of law enforcement, including the Police Department, to undertake any abatement action authorized by this Subtitle. The Police Department is authorized to assist in any such abatement action upon the request of the Department.

In addition to the remedies provided in Section 13-1131 above, the Department may apply to a court of competent jurisdiction for enforcement of any decision, order, or subpoena issued under this division.

In general. The jurisdiction and authority of the Administrative Hearing Unit extends to each of the provisions of the Prince George's County Code that are specified in subsection (e) of this section, as those provisions may be amended, including any rules and regulations adopted under them. The issuance of an administrative citation does not preclude pursuit of any other remedy or enforcement action authorized by law. Prepayable fines. The basic prepayable civil fine for a violation of a provision is specified next to the listing of that provision in subsection (e) of this section. The basic prepayable fines is doubled, however, on any administrative citation that is issued to a person or property if, within the past twelve (12) months: a final order of an Administrative Hearing Officer, whether issued on hearing, on default, or otherwise, imposed a penalty on that person or property for a violation of the same provision; or that person prepaid an administrative citation for violation of the same provision. Continuing violations. If a provision of law provides that the continuation or reoccurrence of a violation constitutes a separate offense, a separate citation may be issued for each separate offense. Prior notice not required. Notwithstanding any other provision of the Prince George's County Code to the contrary, notice need not be given before the issuance and enforcement of an administrative citation for any of the provisions listed in subsection (e) of this section. Provisions and penalties enumerated. In Section 13-101 of the County Code, the County adopted the International Property Maintenance Code, as amended in Subtitle 13 and known as the "Housing Code." An Inspector may issue and an Administrative Hearing Officer may adjudicate administrative citations issued pursuant only to Sections 108, 181, 184, 186, 187, 301, 302, 303, 304, 305, 306, and 404 of the Housing Code, and all of the respective subsections thereunder. The penalty for violation of any of the enumerated sections is $300.00 per violation. Notwithstanding the foregoing, the penalty for a violation of Section 13-186 of the Housing Code is up to Five Thousand Dollars ($5,000). Notwithstanding the foregoing, the penalty for a violation of Section 302.8 of the Housing Code is Five Hundred Dollars ($500) for the first violation, Seven Hundred Fifty ($750) for the second violation and One Thousand Dollars ($1,000) for the third and for any subsequent violations. In Subtitle 4, Division 1 of the County Code, the County adopted and amended certain provisions of the International Building Code and the International Residential Code. An Inspector may issue and an Administrative Hearing Officer may adjudicate notices of violation and administrative citations issued pursuant to Sections 4-116, 4-117, 4-255, and 4-256 and all of the respective subsections thereunder. The penalty for violation of any of the enumerated sections is One Thousand dollars ($1,000.00) per violation. In Subtitle 5, Division 8 of the County Code, the County enacted licensing requirements for short-term rentals. An Inspector may issue and an Administrative Hearing Officer may adjudicate penalties, citations, suspensions, and revocations issued pursuant to Sections 5-175.05, 5-175.06, and 5-175.07 of this Code, and all of the respective subsections thereunder. The penalty for violation of any of the enumerated sections is $1,000.00 per violation. In Subtitle 13, Division 7 of the County Code, the County enacted minimum standards for maintenance of structures, equipment, and exterior property for all property and structures used or zoned for commercial and industrial purposes and for residentially zoned property where the use is other than residential. An inspector may issue and an Administrative Hearing Officer may adjudicate notices of violation and administrative citations issued pursuant to Sections 13-244 and 13-246, and all of the respective subsections thereunder. The penalty for an administrative citation issued pursuant to any of the enumerated sections is $1000.00 per violation.