Baltimore City Council
File #: 09-0352    Version: 0 Name: Environmental Citations - Penalties
Type: Ordinance Status: Failed - End of Term
File created: 6/15/2009 In control: City Council
On agenda: Final action:
Enactment #:
Title: Environmental Citations - Penalties FOR the purpose of precluding the penalties for certain environmental offenses from creating liens on residential property; and generally relating to the enforcement of environmental citations.
Sponsors: President Young, Warren Branch, Bill Henry, Mary Pat Clarke, Stephanie President Rawlings-Blake, Belinda Conaway, Agnes Welch, Sharon Green Middleton
Indexes: Citations, Environmental Citations, Penalties
Attachments: 1. 09-0352 - 1st Reader.pdf, 2. Environmental Control - 09-0352.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 Young                                                                                             
 
      A BILL ENTITLED
 
AN ORDINANCE concerning
title
Environmental Citations - Penalties
 
FOR the purpose of precluding the penalties for certain environmental offenses from creating liens on residential property; and generally relating to the enforcement of environmental citations.
body
BY repealing and reordaining, with amendments
  Article 1 - Mayor, City Council, and Municipal Agencies
  Section(s) 40-11(a)
  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
 
§ 4011.  Enforcement of Board orders.
 
(a)  Penalty as debt and lien.
 
(1)      Any civil penalty imposed on a person by the Board, whether on hearing, on default, or otherwise:
 
(I)      [(1)] is a personal debt owed by that person to the City; and
 
(II)      [(2)] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, if the offense involves real property owned by that person, creates a lien on that property in favor of the City.
 
 
(2)      PARAGRAPH (1)(II) OF THIS SUBSECTION DOES NOT APPLY TO RESIDENTIAL REAL PROPERTY IF THE PENALTY IMPOSED IS FOR AN OFFENSE LISTED IN § 40-14(E)(4) {"ARTICLE 23. SANITATION"} OR  § 40-14(E)(6A) {"PROPERTY MAINTENANCE CODE"} OF THIS SUBTITLE.
 
  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.
 
dlr09-781~intro/10Jun09
art1/Trash-NoLien/aa:me
 
 
dlr09-781~intro/10Jun09
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art1/Trash-NoLien/aa:me