A violation of this title or a local law enacted or regulation adopted under this title is a misdemeanor. The Mayor and City Council of Baltimore City may provide by local law for the enforcement of this title and any local law enacted or regulation adopted under this title. The Mayor and City Council of Baltimore City may: require punishment by fine or imprisonment or both; and enact or adopt civil penalties for a violation. The Mayor and City Council of Baltimore City may provide by local law that a violation of this title or a local law enacted or regulation adopted under this title is a civil zoning violation. In addition to any other available remedies, the proper authorities of Baltimore City may institute any appropriate action or proceedings to: prevent the unlawful construction, alteration, repair, conversion, maintenance, or use of a sign, a building, a structure, or land in violation of this title or any local law enacted or regulation adopted under this title; restrain, correct, or abate the violation; prevent the occupancy of the building, structure, or land; or prevent any illegal act, conduct, business, or use in or about the premises of the building, structure, or land.

The City Council of Baltimore City may appoint full– and part–time hearing examiners that it considers necessary and appropriate to conduct public hearings as required under §§ 10–303 through 10–305 of this title. The City Council shall establish the term of office, qualifications, and compensation for hearing examiners. A hearing examiner shall conduct a hearing in the same manner and subject to the same rules as a hearing conducted by the City Council. A hearing examiner shall issue a written recommendation in the time, manner, and form established by the City Council.

With the advice and consent of the City Council, the Mayor may provide for the appointment of a Board of Municipal and Zoning Appeals. The Board shall consist of five members. The term of a member of the Board is 4 years. The terms of the members of the Board shall be staggered as provided on October 1, 2012. With the advice and consent of the City Council, the Mayor shall appoint an individual to fill the unexpired term of any member. The Mayor may remove any member of the Board for: incompetence; misconduct; or in the same manner as for a member of a State board or commission: failure to attend meetings under § 8–501 of the State Government Article; or conviction of a crime in accordance with § 8–502 of the State Government Article. The Mayor shall provide to the member: a written statement of charges stating the grounds for removal; and an opportunity for a public hearing to contest the charges. The Mayor shall designate one or more alternate members for the Board who may sit on the Board when another member of the Board is absent or recused. When an alternate member is absent or recused, the Mayor may designate a temporary alternate. The Board shall adopt rules in accordance with any local law adopted under this title. Meetings of the Board shall be: held at the call of the chair and at other times determined by the Board; and open to the public. The chair of the Board or, in the chair’s absence, the acting chair may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, including the vote of each member on each question, or the member’s absence or failure to vote. The Board shall keep records of the examinations and other official actions of the Board. The records of the Board shall be: filed promptly in the office of the Board; and open to the public.

The Board may: hear and decide appeals when: it is alleged that there was an error in any order, requirement, decision, or determination made by an administrative official or unit under this title or any local law adopted under this title; and the Board is authorized by the Mayor and City Council of Baltimore City by local law or the Charter of Baltimore City; hear and decide special exceptions or conditional uses on which the Board is required to act under a local law; authorize on appeal in specific cases a variance from the terms of a local law; approve buildings and uses limited as to location by any regulation adopted under a local law; and when acting on a zoning application, consider the availability of public facilities in the area, including schools and flood plain facilities, under regulations adopted under a local law. If authorized by the general zoning laws of Baltimore City, this subtitle does not prevent the Mayor and City Council of Baltimore City from granting by local law: variances; special exceptions; or conditional uses. Nothing in this subtitle prohibits an administrative official or unit from making a decision under this title or any local law adopted under this title when authorized by the Mayor and City Council of Baltimore City by local law or the Charter of Baltimore City. This section does not alter or impair the right to appeal provided for under this subtitle.

An appeal to the Board may be filed by: a person aggrieved by a decision of the administrative officer or unit; or an officer or unit of Baltimore City affected by a decision of the administrative officer or unit. A person shall file an appeal within a reasonable time provided by local law or the rules of the Board by filing with the administrative officer or unit from whose action the appeal is taken and with the Board a notice of appeal specifying the grounds of the appeal. On receiving the notice of appeal, the administrative officer or unit from whose action the appeal is taken shall transmit to the Board all papers constituting the record of the action appealed. Unless the administrative officer or unit from whose action an appeal is taken, after receiving the notice of appeal, certifies facts to the Board that the administrative officer or unit believes that a stay would cause imminent peril to life or property, an appeal stays all proceedings in the action appealed. If the administrative officer or unit provides facts showing that a stay would cause imminent peril to life or property, the proceedings may be stayed only by a restraining order granted by: the Board; or the Circuit Court for Baltimore City. A restraining order may be issued only: on application; for good cause shown; and after notice is given to the administrative officer or unit from whose action the appeal is taken. The Board shall: establish a reasonable time for the hearing of an appeal; give public notice of the existence of the appeal and of the hearing, and due notice to the parties in interest and to other persons entitled to notice under local law or the rules of the Board; and decide the appeal within a reasonable time. At a hearing, a party may: appear in person; or be represented by an agent or attorney. The Board may, in conformity with this title: wholly or partly reverse the order, requirement, or decision that is the subject of the appeal; wholly or partly affirm the order, requirement, or decision that is the subject of the appeal; or modify the order, requirement, or decision that is the subject of the appeal. The Board shall have the powers of the administrative officer or unit from whose action the appeal is taken.

If five members of the Board are present, the concurring vote of at least four members is necessary to: reverse any order, requirement, or decision of an administrative officer or unit; decide in favor of the applicant on any matter on which the Board is required to act under a local law; or effect any variation in a local law. If four members of the Board are present, the concurring vote of at least three members is necessary to take any action under this section.