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 Spector
A BILL ENTITLED
AN ORDINANCE concerning
title
Environmental and Civil Citations - Notice Requirements
FOR the purpose of repealing certain "override" provisions that allow an environmental citation or a civil citation to be issued without the notice otherwise required by the law establishing the violation being cited; conforming related provisions; and generally relating to the use of environmental and civil citations for various offenses.
body
BY repealing
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-14(d) and 41-4(b)
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article - Building, Fire, and Related Codes
Section(s) 2-103 (IBC § 113.3.3)
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 Code
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
§ 40 14. Violations to which subtitle applies.
[(d) Prior notice not required.
Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance and enforcement of an environmental citation for any of the provisions listed in subsection (e) of this section.]
Subtitle 41. Civil Citations
§ 41-4. Authority to issue citation.
[(b) Prior notice not required.
Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance and enforcement of a civil citation under this subtitle.]
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
113.3.3 When prior notice not required. A violation notice or order is not a prerequisite to enforcement action in the following situations:
1. when seeking a temporary restraining order or injunction in an emergency,
2. when seeking equitable relief for a pattern or practice of noncompliance,
3. for work being done without a permit or in violation of a stop-work order,
4. for a violation that remains unabated after a prior prosecution for that violation,
5. for a prepayable criminal citation that is issued under City Code Article 19, Subtitle 71 {"Special Enforcement Officers"} and for which prior notice is waived under Article 19, § 71-2, AND
6. [for an environmental citation that is issued under City Code Article 1, Subtitle 40 {"Environmental Control Board"}, and
7.] in any other case specifically authorized by this Code.
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.
dlr09-912~intro/21Oct09
arts 1,BFR/notice/aa:me
dlr09-912~intro/21Oct09
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