Baltimore City Council
File #: 21-0101    Version: 0 Name: Corrective Bill 2021 - General
Type: Ordinance Status: Enacted
File created: 7/19/2021 In control: Baltimore City Council
On agenda: Final action: 3/30/2022
Enactment #: 22-124
Title: Corrective Bill 2021 - General For the purpose of correcting various errors and omissions in the City Code; correcting, clarifying and conforming certain inconsistent, superfluous, vague, ungrammatical, misnumbered, and other unclear language; and providing for a special effective date.
Sponsors: City Council President (Administration)
Indexes: Corrective Bill, General
Attachments: 1. 21-0101~1st Reader, 2. ERS 21-0101, 3. ECB 21-0101, 4. Finance 21-0101, 5. Ethics 21-0101, 6. MWBOO 21-0101, 7. Law 21-0101, 8. BPD 21-0101, 9. DLR - 21-0101, 10. F&PRS 21-0101, 11. DHCD 21-0101 (003), 12. 2nd Reader Amendments 21-101(4)~1st (Comm), 13. 21-0101~3rd Reader, 14. 21-0101 Signed, 15. Completed Ordinance 21-0101
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
4/4/20220 Mayor Signed by Mayor  Action details Meeting details Not available
2/22/20220 Baltimore City Council Approved and Sent to the Mayor  Action details Meeting details Not available
2/7/20220 Baltimore City Council 3rd Reader, for final passage  Action details Meeting details Not available
1/27/20220 Rules and Legislative Oversight Recommended Favorably with AmendmentPass Action details Meeting details Not available
1/24/20220 Rules and Legislative Oversight Scheduled for a Public Hearing  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Dept. of Legislative Reference  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Dept. of Finance  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Police Department  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Parking Authority Board  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Environmental Control Board  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Minority and Women's Business Opportunity Office  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Board of Ethics  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Dept. of Housing and Community Development  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Employees' and Elected Officials' Retirement Systems  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to Fire and Police Employees' Retirement System  Action details Meeting details Not available
7/22/20210 Baltimore City Council Refer to City Solicitor  Action details Meeting details Not available
7/19/20210 Baltimore City Council Assigned  Action details Meeting details Not available
7/19/20210 Baltimore City Council Introduced  Action details Meeting details Not available

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:  The Council President

At the request of: The Administration (Department of Legislative Reference)                                

 

                     A Bill Entitled

 

An Ordinance concerning

title

Corrective Bill 2021 - General

For the purpose of correcting various errors and omissions in the City Code; correcting, clarifying and conforming certain inconsistent, superfluous, vague, ungrammatical, misnumbered, and other unclear language; and providing for a special effective date.

body

 

By repealing and reordaining, with amendments

Article - General Provisions

Sections 4-302, 4-303(c), 4-305(b)(3), 4-404, and 4-405

Baltimore City Revised Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article - Health

Section 6-603.1(b)(1)(Art. 19), 8-111(c), 8-120(a)(2), and 10-116(intro)

Baltimore City Revised Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 1 -  Mayor, City Council, and Municipal Agencies

Sections 10-10(b), 29-10(b)(2), 40-14(e)(3), and 41-14(2)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 5 - Finance, Property, and Procurement

Sections 9-5(c)(2)(ii)(C) and (d)(1), 31-3(b), and 38-2(b)(9)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 8 - Ethics

Sections 7-2(a) and 7-13

Baltimore City Code

(Edition 2000)

 

By adding

Article 8 - Ethics

Section 7-8(22)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 9 - Fire Suppression and Prevention

Sections 1-1(intro) and 9-2

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 13 - Housing and Urban Renewal

Sections 2-1(c)(1)(i), 2-3(a)(7) and (11), 3-1(a)(4) and (b)(1), 6-1 to 6-3, 6-4(a)(4), (b),

and (d)(1), 6-6(a)(1), (c), (d)(2) and (3), 6-8(b), 6-9(a), (b), and (c)(intro), 10-2(k)(2),

and 11-3(a)(2)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 14 - Special Benefits Districts

Sections 20-8(c) and 20-17(d)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 15 - Licensing and Regulation

Section 2-15(e)(3)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 19 - Police Ordinances

Sections 26-3(a), 27-12(a), and 48-4(a)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 28 - Taxes

Sections 8.1-3(b)(1), 8-1-7(c)(9), 8.1-8(c)(2)(i), 8.1-10(intro), 8.1-15(b), 9-5(a),

10-19(c)(1), and 10-21(d)(2)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 31 - Transit and Traffic

Sections 2-6.1(c)(1)

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 Revised Code

 

                     Article - General Provisions

 

                     Title 4.  Administrative Procedure Act - Regulations

 

                     Subtitle 3.  Notice and Comment Period; Adoption

 

§ 4-302.  Effect of notice.

 

Publication of the notice required [under] by this subtitle:

 

(1)  creates a rebuttable presumption that the proposed regulation was adopted properly;

and

 

(2)  is deemed to give a person who is subject to or affected by the proposed regulation notice of the contents of the proposed regulation.

 

§ 4-303.  Review by Committee.

 

(c)  Scope of review.

 

In its review under this section, the Committee shall consider whether the proposed regulation:

 

(1) [is in conformity] conforms with the statutory authority of the agency; and

 

(2)  reasonably complies with the legislative intent of the statute under which the regulation was proposed.

 

§ 4-305.  Emergency regulations.

 

(b)  Temporary regulations.

 

(3)  Expiration.

 

(i)                     Except as provided in subparagraph (ii) of this paragraph, any temporary regulation adopted under this section expires and no longer has legal effect on the 90th day after the state of emergency has been lifted.

 

(ii)                     If, within the 90 days after a state of emergency has been lifted, an agency submits a temporary regulation to the City Solicitor as set forth in _ 4-204 {“Submission to Solicitor”} of this title and otherwise follows the notice and publication procedures set forth in this title to adopt that regulation as permanent, the regulation [may] does not expire as stated in subparagraph (i) of this paragraph.

 

                     Subtitle 4.  Codification

 

§ 4-404.  Removal of obsolete provisions.

 

(a)  In general

 

With the approval of the City Solicitor, an agency may request that the Director remove from the Code:

 

(1)                     a part of a regulation that has been held unconstitutional by a court of competent final jurisdiction; or

 

(2)                     a regulation whose specific enabling law has been repealed [by the Mayor and City Council].

 

(b)  Reason for removal.

 

The requesting agency shall state with particularity [the reason for] why the regulation is obsolete and, if approved for removal by the City Solicitor, the Director shall include that reason as an annotation within the Code.

 

§ 4-405.  Severability.

 

If a section, paragraph, sentence, clause, phrase, or word of a regulation is declared unconstitutional or invalid by a court of competent jurisdiction, the unconstitutionality or invalidity [may] does not affect [any of] any remaining sections, paragraphs, sentences, clauses, phrases, or words unless:

 

(1)                     the regulation is subject to a provision that prohibits severability; or

 

(2)                     the court finds that the remaining valid provisions alone are incomplete and incapable of being carried out in accordance with the regulation’s purpose.

 

 

                     Article - Health

 

                     Title 6.  Food Service Facilities

 

§ 6-603.1.  Suspension or nonrenewal for multiple or unpaid citations.

 

(b)  Covered offenses.

 

(1)                     For purposes of this section, citations issued for violations of the following provisions of the City Code are presumed to be issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health:

 

Article 19.  Police Ordinances

§ 1-2.  Placement {of advertising circulars} without permission

. . .                                          

§ 45-2.  Signs on public property:  Posting prohibited

[Subtitle 46.  Signs - Campaign Signs in Residential Areas]

§ 47-5.  Nighttime soliciting

. . . .

 

Comment:  Deletes obsolete reference.  Article 19, Subtitle 46 {“Signs- Campaign Signs in

Residential Areas”}, was repealed by Ordinance 19-324.

 

                     Title 8.  Air Pollution

 

§ 8-111.  Definitions.

 

(c)                     Commercial solid waste incinerator; Facility.

 

“Commercial solid waste incinerator” or “facility” means any facility in Baltimore City that produces energy or disposes of waste by combusting a solid fuel or waste, or gases produced on-site from the gasification or pyrolysis of a solid fuel or waste, and [which] that is capable of processing at least 25 tons of solid fuel or waste per day.

 

§ 8-120.   Required CEMS reports.

 

(a)                     Reports required.

 

(2)                     All data supplied as part of the reports required by this section [is] are property of the City of Baltimore.

 

                     Title 10.  Animal Control and Protection

 

§ 10-116.  Finding animal to be dangerous or vicious.

 

If, on investigation of a complaint, the Office believes that the animal is a dangerous or vicious animal, the Office must:

. . . .

 

 

                     Baltimore City Code

 

                     Article 1.  Mayor, City Council, and Municipal Agencies

 

                     Subtitle 10.  Records Management

 

§ 10-10.  Disposal of records.

 

(b)  In general.

 

Except as provided in this section or in an approved Record Retention and Disposition Schedule, records created or received by an agency in the course of official City business are the property of the Mayor and City Council of Baltimore and may not be destroyed, sold, transferred, or otherwise disposed of.

 

                     Subtitle 29.  Violence Protection

 

§ 29-10.  Biennial violence prevention strategy plan.

 

(b)  Development and coordination.

 

(2)  Qualification.

 

Only the entities listed in paragraph (1) of this subsection that are municipal agencies as defined in City Charter Article I, _ 2(j) {“Definitions: Municipal agency”} are required to assist and participate with the Baltimore City Department of Health in this endeavor.

 

                     Subtitle 40.  Environmental Control Board

 

§ 40-14.  Violations to which subtitle applies.

 

(e)  Provisions and penalties enumerated.

 

(3)                      Article 19.  Police Ordinances

 

§ 1-2.  Placement {of advertising circulars} without permission

1st offense                                                                                                                                                                                                                                                                                                                           $  50

2nd offense                                                                                                                                                                                                                                                                                                      $100

3rd or subsequent offense                                                                                                                                                                                                                                       $500

. . .

 

§ 45-2.  Signs on or affecting public property: Posting prohibited                                          $500

 

[Subtitle 46.  Signs - Campaign Signs in Residential Areas                                                               $100]

 

§ 50-2.  Obstructing street, etc., or gutter                                                                                                                                                                        $  50

. . . .

 

Comment:  Deletes obsolete reference.  Article 19, Subtitle 46 {“Signs- Campaign Signs in

Residential Areas”}, was repealed by Ordinance 19-324.

 

                     Subtitle 41.  Civil Citations

 

§ 41-14.  Offenses to which subtitle applies - Listing.

 

(2)  Article 19.  Police Ordinances

 

§ 1-2.  Placement {of advertising circulars} without permission

1st offense                                                                                                                                                                                                                                                                                                                                                $  50

2nd offense                                                                                                                                                                                                                                                                                                                           $100

3rd or subsequent offense                                                                                                                                                                                                                                                            $500

. . .

 

§ 45-2.  Signs on or affecting public property: Posting prohibited                                                               $500

 

[Subtitle 46.  Signs - Campaign Signs in Residential Areas                                                                                    $100]

 

§ 47-5.  Nighttime soliciting                                                                                                                                                                                                                                                            $100

. . . .

 

Comment:  Deletes obsolete reference.  Article 19, Subtitle 46 {“Signs- Campaign Signs in

Residential Areas”}, was repealed by Ordinance 19-324.

 

 

                     Article 5.  Finance, Property, and Procurement

 

                     Subtitle 9.  Children and Youth Fund

 

§ 9-5.  Board of Directors.

 

(c)  Composition.

 

(2)  Diversity.

 

(ii) Youth participation.

 

(C)  The Board of Estimates may waive the requirement in sub-subparagraph (B)

 if the Board of Estimates finds that the Fund’s Board has taken reasonable       and diligent efforts to comply with that requirement and that those efforts      have failed.

 

(d)  Bylaws.

 

(1) The Board must adopt bylaws for the administration of the fiscal agent[;]. [however] However, those bylaws may not be inconsistent with the terms of this subtitle or of the City Charter Article I, § 13 {“Children and Youth Fund”}.

 

                     Subtitle 31.  Health Care Advisory Panel

 

§ 31-3. Annual review of providers, etc.

 

(b) Scope of review.

 

The annual review shall cover the evaluation criteria adopted by the Board of Estimates,

including, but not limited to, the following evaluation criteria:

 

(1)                     that each entity seeking to provide health care services under this subtitle consider all                     qualified applicants for its provider panel without regard to race, color, religion, sex, disability, sexual orientation, or national origin;

 

(2)                     that all solicitations or advertisements for applicants for membership on provider panels state that all qualified applicants will be considered without regard to race, color, religion, sex, disability, sexual orientation, or national origin; and

 

(3)                     that all participants in the prequalification process maintain a provider panel that meets certain criteria with respect to ethnic diversity as determined by the Board of Estimates.

 

                     Subtitle 38.  Vendors’ Hot Line

 

§ 38-2. Purpose.

 

(b) Information to be provided.

 

The Vendors’ Hot Line shall provide by prerecorded message to callers the following

 information:

. . .

 

(9)                     any other information the Director of Purchasing considers appropriate and practicable.

 

 

                     Article 8.  Ethics

 

                     Subtitle 7.  Financial Disclosure

 

                     Part I.  General Provisions

 

§ 7-2.  General filing requirements.

 

(a)  Annual filing required.

 

(1)  In general.

 

Except as otherwise specified in this subtitle, each statement must be filed with the Ethics Board on or before April 30 of each year.

 

(2)  Elected officials.

 

Elected officials must file the statement required by this subtitle on or before January [30] 31 of each year.

 

Comment: Corrects date for intended end of the month.  

 

                     Part II.  Who Must File

 

§ 7-8.  Persons required to file - Agency officials and staff.

 

The following officials and employees must file the financial disclosure statements required by this subtitle:

 

(22)  Inspector General, Office of.

 

(i)                     Inspector General.

 

(ii)                     Assistant Inspectors General.

 

(iii) All non-clerical employees of Office.

 

§ 7-13.  Candidates for office.

 

(a)  In general.

 

Except as provided in subsection (b) of this section, a candidate for an elected office for which an annual statement is required must file a statement annually:

 

(1)                     beginning with the year in which the candidate files a certificate of candidacy; and

 

(2)                     continuing through the year of the election.

 

(b)  Exception.

 

This section does not require the filing of a statement for any full year that is already covered by a statement the individual has otherwise filed under this subtitle.

 

(c)  Filing requirements - Place.

 

The statement required by this section must be filed with the Baltimore City Board of Elections.

 

(d)  Filing requirements - Time.

 

(1)                     The initial statement required by this section must be filed no later than with the filing of the certificate of candidacy.

 

(2)                     In each subsequent year, through and including the year of the election, the statement must be filed on or before the earlier of:

 

(i)                     April 30; or

 

(ii)                     the last day for the withdrawal of a candidacy under State Election Law Article, § 5-502.

 

(e)  Filing requirements - Contents.

 

The disclosure requirements applicable to a candidate filing under this section are the same as those applicable to an incumbent holding the office involved.

 

Comment:  Added to expressly reflect the requirement imposed by the State General Provisions

Article, § 5-809.  

 

(f) [(e)]  Filing prerequisite to candidacy.

 

The Board of Elections may not accept a certificate of candidacy of a candidate covered by this section unless the candidate has filed the initial statement required by subsection (d)(1) of this section.

 

(g) [(f)]  Subsequent failure to file.

 

If a later statement required by this section is overdue and is not filed within 20 days after the candidate receives from the Board of Elections written notice of the failure to file, the candidate is considered to have withdrawn his or her candidacy.

 

(h) [(g)]  Forwarding to Ethics Board.

 

Within 30 days after receiving a statement, the Board of Supervisors of Elections must forward the statement to the Ethics Board.

 

 

                     Article 9.  Fire Suppression and Prevention

 

                     Subtitle 1.  Fire Department

 

§ 1-1.  Fire Chief in general command.

 

The Chief of the Fire Department:

. . . .

 

                     Subtitle 9.  Hazardous Materials

 

§ 9-2. Security and safeguarding required.

 

All facilities on or in which any hazardous material is stored, dispensed, used, or handled must be secured against unauthorized entry and safeguarded with protective measures and facilities in accordance with the rules, regulations, and standards adopted under this [section] subtitle.

 

Comment: See § 9-3 {“Rules, regulations and standards”}.

 

 

                     Article 13.  Housing and Urban Renewal

 

                     Subtitle 2.  Department of Housing and Community Development

 

§ 2-1. Determinations, declarations, and definitions.

 

(c)  Definitions.

 

(1)  Slum, blighted, or deteriorated area.

 

As used herein, a slum, blighted, or deteriorated area is an area in which:

 

(i)                     a preponderance of the structures or the dwelling units therein is detrimental to the public health, safety, or general welfare by reason of age, dilapidation, depreciation, overcrowding, excessive land coverage, faulty arrangement, lack of ventilation or sanitary facilities, failure to conform with the provisions of the ordinances or regulatory codes of the City of Baltimore relating to buildings, housing, or sanitation, neighborhood obsolescence or deterioration, or inadequate open space, parking, or access to transportation; or

 

. . . .

§ 2-3. General powers.

 

(a)  Enumerated.

 

The Department of Housing and Community Development is authorized to:

. . .

 

(7)                     engage in studies, experimentation, and research pertaining to housing, community development, and the existence of and the problems of correcting, eliminating, and preventing slums, blight, and urban deterioration; disseminate public information with respect thereto, and cooperate with other agencies of the City, the State, the Federal Government, or any agency thereof, in activities undertaken in connection therewith;

. . .

 

(11)  assist the several City departments involved in activities related to housing and

  community development for the purpose of coordinating such activities and       establishing consistent policies and procedures with respect thereto; and

. . . .

 

                     Subtitle 3.  Human Services Division

 

§ 3-1. Declaration of policy and findings of fact.

 

(a)  In general.

 

The City Council finds that:

. . .

 

(4)                     many of said impoverished persons and families are dependent upon public subsidy for their subsistence; and

. . . .

 

(b)  Program of concerted action needed.

 

The City Council further finds that:

 

(1)                     to eliminate the causes of poverty and the problems attendant upon it, it is imperative for the City of Baltimore to engage in a total program of concerted community action which will harness and synchronize its resources for remedial education, job training, health care, environmental improvement, social and physical rehabilitation, and training in home management and healthy family living; and

. . . .

 

                     Subtitle 6.  Tenant’s Right of First Refusal

 

§ 6-1. Statement of public policy and purpose.

 

It is the intent and purpose of this [law] subtitle that before title to any single-family residential rental property is voluntarily transferred, the tenant of that property shall have the opportunity to purchase the property on terms accepted as reasonable in the residential real estate market; and that residential property owners shall not be unreasonably impeded in selling their properties nor required to accept unreasonable terms of sale.

 

§ 6-2. Definitions.

 

(a)  Landlord.

 

As used in this [law] subtitle, “landlord” means an owner, lessor, sublessor, assignee, any agent thereof, or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any residential rental unit within the City of Baltimore.

 

(b) Tenant.

 

(1)                     As used in this [law] subtitle, “tenant” means a tenant, subtenant, lessee, sublessee, or other person entitled to the possession, occupancy, or [the] benefits thereof, of any rental unit owned by another person, and who has resided therein for not less than 6 months.

 

(2)                     Where a rental unit had been occupied by a tenant at any time during the preceding 6 months, the last such tenant to occupy the unit shall be considered a present tenant for purposes of this [law] subtitle.

 

(3)                     Provided however that no tenant who has been summarily ejected for non-payment of rent pursuant to Subtitle 9 of the Public Local Laws of Baltimore City from a single-family rental property shall be entitled by this subtitle to a right of first refusal for that property.

 

§ 6-3. Tenant’s right of first refusal.

 

Before a voluntary transfer of title to a single-family rental residential property may occur, the tenant of that property shall have the right of first refusal to purchase the property.  Such right shall be exercised in accordance with the provisions of this [law] subtitle.

 

§ 6-4. Exercise of right of first refusal.

 

(a)  In general.

. . .

 

(4)                     Following notification by the tenant, as above, of the intent to exercise that right of first refusal, the landlord must tender to the tenant within 10 days an executed contract of sale for said property on the same terms and conditions as indicated in the offer of sale or the third-party contract, with the exception of any term or condition which is inconsistent with the provisions of this subtitle, in which instance the contract shall specify terms consistent with those provisions, and provided further that the contract shall be consistent with an indication made by the tenant pursuant to paragraph (3) above, as to the use of a particular government program of mortgage insurance, guarantee, or financing.

 

(b)  Sale to other for less than offer.

 

(1)                     If the landlord enters into a sale contract with a third party after the expiration of the 30-day period in subsection (a) above and if the net proceeds of that sales contract are less in amount than the amount in the offer of sale to the tenant, or if the terms and conditions of that sales contract are materially more favorable to the buyer than those contained in the offer of sale to the tenant, as provided in subsection (a) above, then the tenant shall be notified of such contract in the manner provided for in subsection (a) above.

 

(2)                     The tenant shall then have the right to contract with the landlord in lieu of the third party, provided the proceeds of the tenant’s offer to purchase are not less in amount than the offer of the third party.  Said right shall be in effect for 15 days from the mailing of notification of the sales contract, unless the net proceeds of the third-party sales contract are less than 80% of the amount in the offer of sale to the tenant in subsection (a) above, or more than 6 months has elapsed since the offer to the tenant in subsection (a) above, in which case the tenant shall have the right for 30 days from the mailing of notification.

 

(3)                     A tenant shall exercise the right to contract in lieu of a third party pursuant to this [paragraph] subsection in the manner provided by [Paragraph] subsection (a)(3) of this section and where a tenant does so the provisions of [Paragraphs] subsections (a)(4) and (a)(5) shall apply.

 

(d)  Contract without sale price in dollars.

 

(1)                     Where a landlord’s contract with a third party, which is required by [Paragraph] subsection (a) or (b) above to be submitted to the tenant, fails to set forth the sale price in dollars of the individual property for which the tenant has the right of first refusal pursuant to this subtitle, then in the notice to the tenant of said contract the landlord shall set forth a dollar amount which as a cash price is equivalent to the consideration attributable to that property under the terms of the third-party contract.

 

§ 6-6. Miscellaneous.

 

(a)  Any tenant will do.

 

(1)                     If a landlord enters into a sales contract with the tenant, as defined by this [law] subtitle, pursuant to the intent and requirements of this [law] subtitle, the landlord shall be deemed to be in compliance with this [law] subtitle, and to have met the requirements of this [law] subtitle even though such person is not the person with whom the landlord entered into a written or oral lease on the dwelling unit nor the sale occupant of the dwelling.

 

(c) Waivers - right to receive offer.

 

No tenant may waive his right to receive an offer of sale or notification as required by this [law] subtitle.

 

(d) Waivers - time periods.

 

(2)                     Any such waiver shall:

 

(i)                     be in writing and signed by the tenant; and

 

(ii)                     contain a statement, at the top of the waiver, that the tenant is under no obligation to sign such a waiver and cannot be evicted for refusal to sign the waiver.

(3)                     No landlord may evict a tenant for refusing to sign a waiver of the tenant’s right under this [law] subtitle.  Any waiver not in accordance with this [paragraph] subsection shall be null and void and of no effect.

 

§ 6-8. Penalties.

 

(b) Injunctive relief.

 

A tenant may seek relief from an appropriate court to restrain or enjoin any violation of the provisions of this [law] subtitle.

 

§ 6-9. Affidavit on transfers to third parties.

 

(a) Affidavit of compliance required.

 

In any transfer of real property subject to this [law] subtitle to a party other than a tenant, the owner shall file in the land records of Baltimore City an affidavit in the form set forth in [Paragraph] subsection (c) below, certifying that the requirements of this subtitle have been met, as a part of the deed conveyance.

 

(b) Transferee’s rights protected.

 

Where an affidavit has been filed as provided by [paragraph] subsection (a) above, the rights and title of a third party transferee, his heirs, successors or assigns shall be free of any restriction or claim arising in favor of a tenant of said property under or through any provision of this subtitle.

 

(c) Statements required.

 

An affidavit affirming compliance with the requirements of this subtitle shall be filed as

provided by [paragraph] subsection (a) above and shall incorporate one of the following

statements as appropriate:

. . . .

 

                     Subtitle 10.  Condominiums

 

§ 10-2.  Definitions.

 

(k)  Rental facility.

 

Rental facility:

. . .

 

(2)                     [shall not] may not be construed to mean:

 

(i)                     any transient facility such as boarding houses, tourist homes, inns, motels, hotels, [school dormitory,] hospitals, medical facilities, or school dormitories; or

 

(ii)                     any facilities operated for religious or eleemosynary purposes.

 

 

                     Subtitle 11.  Registration of Vacant Lots

 

§ 11-3.  Information required with registration.

 

(a)  In general.

 

The registration statement shall contain the following information:

. . .

 

(2)                     the name and address of the owner of record, and in addition, if the owner is a corporation, the name and address of the resident agent thereof; and

. . . .

 

 

                     Article 14.  Special Benefits Districts

 

                     Subtitle 20.  Baltimore Tourism Improvement District

 

§ 20-8.  Annual financial plan.

 

(c) Board of Estimates approval required.

 

The District Management Committee may not approve a financial plan that includes District special [assessment] assessments in excess of those approved by the Board of Estimates.

 

§ 20-17.  Dissolution of District.

 

(d)  Limited continuation.

 

In the event of District dissolution described in [paragraphs] subsections (a) or (b) of this section, the District Management Committee shall continue its existence only as long as necessary to:

 

(1)                     terminate operations related to the District in a reasonable fashion; and

 

(2)                     arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities.

 

 

                     Article 15.  Licensing and Regulation

 

                     Subtitle 2.  Amusements

 

§ 2-15. Fees and taxes.

 

(e)  Quarterly payments for simulated slot machines.

 

(3)                     The rules and regulations adopted under § 2-17 of this subtitle must establish:

 

(i)                     the amount of the service charge to be paid with each quarterly installment; and

 

(ii)                     a schedule indicating when quarterly payments are due each year.

 

 

                     Article 19.  Police Ordinances

 

                     Subtitle 26.  Loitering - Drug-Free Zones

 

§ 26-3. Commissioner to certify zones; term.

 

(a)  In general.

 

The Police Commissioner may establish, alter, recertify, or terminate [such] the certification of drug-free zones from time to time.

 

                     Subtitle 27.  Loitering - Prostitution

 

§ 27-12. Commissioner to certify zones; term.

 

(a)  In general.

 

The Police Commissioner may establish, alter, recertify, or terminate [such] the certification of prostitution-free zones from time to time.

 

                     Subtitle 48.  Sporting Events

 

§ 48-4. Flying over stadium.

 

(a)  Prohibited conduct.

 

It is unlawful for any person to operate an aircraft over or around the outer limits of M&T Bank Stadium or Oriole Park at Camden Yards for any advertising or commercial purposes.

 

 

                     Article 28.  Taxes

 

                     Subtitle 8.1.  In Rem Foreclosure - Vacant and Abandoned Property

 

§ 8.1-3.  HCD may initiate action; Applicable properties.

 

(b)  Applicable properties.

 

Except as provided in subsection (c) of this section, in order to be subject to an action for foreclosure under this subtitle:

 

(1)  the real property must be:

 

(i)  a vacant lot; or

 

(ii) an improved property cited as vacant and unsafe or unfit for habitation or other authorized use on a housing or building violation notice, provided that:

 

(A) the time for appeal of the violation notice has expired without an appeal having been filed; or

 

(B) an administrative review of a filed appeal has been decided in favor of the Building Official, as defined in the City Building, Fire, and Related Codes Article;

. . . .

 

§ 8.1-7.  Complaint.

 

(c)  Contents.

 

A complaint filed under this section shall include:

. . .

 

(9)                     a request that the Circuit Court enter a judgment that:

 

(i)                     forecloses the existing interests of all interested parties to the property: and

 

(ii)                     orders ownership of the property to be transferred to the City.

 

§ 8.1-8.  Defendants; Service of process.

 

(c)  Unknown owners.

 

(2)  In general.

 

When the owner of a real property cannot be reasonably ascertained:

 

(i)  the unknown owner to the property may be included as a defendant by the following designation:

 

“Unknown owner of (identify the nature of the interest: fee simple, leasehold, or reversionary) interest in the property .... (giving a description of the property in substantially the same form as the description that appears on the pre-complaint notice), the unknown owner’s heirs, devisees, and personal representatives and their or any of their heirs, devisees, executors, administrators, grantees, assigns, or successors in right, title, and interest[,]”; and

. . . .

 

§ 8.1-10.  Sufficiency of notice.

 

The provisions of this subtitle as to notice and service of process to persons who may have an interest in a property, in conjunction with the order of publication, routine tax notices, and the pre-filing and post-filing notices required [under] by this subtitle, as well as the knowledge of the taxes and the consequences for nonpayment of the taxes is declared:

. . . .

 

§ 8.1-15.  Post-judgment sale.

 

(b)  Land bank.

 

[In the event the Mayor and City Council establish] If Baltimore City establishes a [land bank authorized under] Land Bank Authority [under] in accordance with City Charter, Article II, _ 65 {“Land Bank Authority”}, the City may convey the property to [the] that Authority [described in the implementing ordinance] to be used for the City’s or the Authority’s blight elimination and revitalization goals.

 

                     Subtitle 9.  Exemptions

 

§ 9-5.  New and expanded manufacturers, milk processors, laundries.

 

(a)  Tools and implements.

 

In order to encourage and promote the location of new manufacturing industries, and the expansion, growth and development of established manufacturing industries, in Baltimore City, beginning on July 1, 1958, and continuing thereafter, all mechanical tools or implements regardless of the kind of motive power needed or used to operate them, machinery, motors, engines, apparatus, or equipment used entirely or chiefly in connection with manufacturing, and all machinery and equipment used in the pasteurization and processing of milk, and all laundry machinery when employed or used in the business of laundering, shall be exempt from taxation for all ordinary municipal purposes of the Mayor and City Council of Baltimore:

 

(1)                     if and when such personal property is used by any new manufacturing, milk processing, or laundering industry, as the case may be, located wholly within Baltimore City and if and when the plant or factory of such new manufacturing, milk processing, or laundering industry, as the case may be, is completed and placed in operation after July 1, 1958; or

 

(2)                     if and when such personal property is acquired and used after July 1,1958, by an established manufacturing, milk processing, or laundering industry, as the case may be, located wholly within Baltimore City for or in connection with the expansion, growth or development of such established manufacturing, milk processing, or laundering industry, as the case may be, and the total assessed valuation of such personal property is in excess of $10,000 in each and every instance or particular case which is covered by the provisions of this subsection.

 

                     Subtitle 10.  Credits

 

§ 10-19.  Urban agricultural property.

 

(c)  Qualifications for credit.

 

(1)  In general.

 

[(i)] To qualify for the credit granted by this section, a parcel of land:

 

(i) [(A)] must be an urban agricultural property that is being used for urban agricultural purposes;

 

(ii) [(B)] may not be used for any other purpose that would subject the parcel

to property tax liability;

(iii) [(C)] must be maintained in full compliance with the City Building, Fire,

and Related Codes Article; and

 

(iv) [(D)] unless a waiver is granted under paragraph (3) of this subsection,

must produce and either sell or otherwise distribute each tax year plants,

plant products, animals, or animal products with an aggregate value of

$5,000 or more.

 

§ 10-21.  Public safety officers.

 

(d)  Limitation on other credits.

 

In any taxable year for which a property receives a credit granted under this section, the property may not receive any other property tax credit provided by Baltimore City except:

 

(1)                     the local portion of the credit authorized by State Tax-Property Article § 9-105 {“Homestead tax credit”}; and

 

(2)                     the credit authorized by State Tax-Property Article § 9-221 {“Offsetting income tax rates”}.

 

 

                     Article 31.  Transit and Traffic

 

 

                     Subtitle 2.  General Administration

 

§ 2-6.1.  Temporary parking restrictions.

 

(c)  Prior notice - Delivery.

 

(1)                     If a violation of the temporary parking restrictions will authorize impoundment, the City agency or other person responsible for the work to be done shall also give written notice to the occupants of the properties abutting the affected area at least 3 calendar days before the restrictions become effective.

 

 

Section 2.  And be it further ordained, That this Ordinance takes effect on the date it is enacted.