Baltimore City Council
File #: 06-0345    Version: 0 Name: Building Code - Penalties
Type: Ordinance Status: Enacted
File created: 2/27/2006 In control: City Council
On agenda: Final action: 11/21/2006
Enactment #: 06-350
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.
Sponsors: James B. Kraft, Edward Reisinger, Nicholas C. D'Adamo
Indexes: Building Code, Penalties
Attachments: 1. 06-0345 - 1st Reader.pdf, 2. 06-0345 - 3rd Reader.pdf

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