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 Clarke
A BILL ENTITLED
AN ORDINANCE concerning
Title
Environmental Citations - Default
FOR the purpose of extending to one year the deadline by which a person can be considered in default and subject to certain penalties; and generally relating to the administration of environmental citations.
Body
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-8
Baltimore City 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 Code
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
ยง 40-8. Default by person cited.
(a) Failure to respond constitutes admission of liability.
Any person cited under an environmental citation is conclusively considered to have admitted liability for the violation cited and responsibility for abating the violation if, within [the time allowed by the rules of the Board] 1 YEAR OF THE CITATION, the person:
(1) neither pays the prescribed prepayable fine nor requests a hearing on the violation; or
(2) having requested a hearing, fails to appear on a designated hearing date.
(b) Board order; default penalty.
Under either of the circumstances described in subsection (a) of this section, the Board may:
(1) render a default decision and order against the person cited; and
(2) impose a civil penalty that, based on relevant standards to be set by Board regulation (e.g., nature and severity of underlying violation, history of past violations, mitigating or aggravating circumstances), is:
(i) no less than the amount of the prepayable fine specified for the violation in question; and
(ii) no more than the lesser of:
(A) $1,000; or
(B) 3 times the prepayable fine specified for the violation in question.
(c) Notice of default order.
Before an order based on a default becomes final, the Board must notify the respondent, by first-class mail, of:
(1) the default decision and order;
(2) the amount of all penalties imposed; and
(3) the right of the respondent, within 30 days of the notice, to avoid a final judgment and collection proceedings by requesting a stay of default for good cause shown and a hearing on the request.
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.
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