EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Kraft
A BILL ENTITLED
AN ORDINANCE concerning
Title
Building Code - Penalties
FOR the purpose of increasing the criminal penalties for certain violations of the Building Code; conforming certain language; and generally relating to enforcement of the Building Code.
Body
BY repealing and reordaining, with amendments
Article - Building, Fire, and Related Codes
Section(s) 2-103 (BC § 113.4)
Baltimore City Revised Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Building, Fire, and Related Codes
Part II. International Building Code
§ 2-103. City modifications.
The additions, deletions, amendments, and other modifications adopted by the City are as follows:
Chapter 1. Administration
Section 113 Violations
113.4 [Criminal penalties] VIOLATION A MISDEMEANOR. A person is guilty of a misdemeanor and, on conviction, subject to [a fine of not more than $500 for each violation] THE PENALTIES SPECIFIED IN THIS § 113.4, if the person:
1. violates a provision of this Code,
a. fails to comply with any requirement of this Code or of a regulation, order, decision, permit, or notice issued under this Code, or
c. constructs, alters, adds to, repairs, rehabilitates, demolishes, moves, locates, uses, occupies, or maintains any structure, premises, land, or equipment in violation of an approved plan or directive of the Building Official or of a permit or certificate issued under this Code.
113.4.1 Notice required. Except as otherwise specifically authorized by law, criminal proceedings may not be initiated unless the Building Official issues a notice of violation and allows a reasonable time to correct the violation.
113.4.2 Each day a separate offense. Each day that a violation continues is a separate offense. Proof that a violation exists on any date after issuance of a violation notice is prima facie evidence that the violation has continued unabated throughout the intervening period.
113.4.3 PENALTIES. THE PENALTY FOR EACH OFFENSE IS AS FOLLOWS:
A. FOR WORK DONE WITHOUT A PERMIT OR IN VIOLATION OF A STOP-WORK ORDER:
1. FOR A 1ST OFFENSE, A FINE OF NOT MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 12 MONTHS OR BOTH FINE AND IMPRISONMENT; AND
2. FOR A 2ND OR SUBSEQUENT OFFENSE, A FINE OF NOT LESS THAN $250 NOR MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 12 MONTHS OR BOTH FINE AND IMPRISONMENT; AND
B. FOR ALL OTHER VIOLATIONS, A FINE OF NOT MORE THAN $500.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
dlr05-617~intro/23Feb06
BFR/Penalties/aa:me
dlr05-617~intro/23Feb06
- 2 -
BFR/Penalties/aa:me