Enforcement; Reviews; Penalties

Baltimore City Code art. 7, div. III, subtit. 35

in effect

Baltimore City Code, Article 7, § 35-1 Violation notices.

§ 35-1. Violation notices. (a) Notice required. If a violation is found, the Department must provide written notice of the violation to: (1) the owner or developer; and (2) the responsible personnel. (b) Contents. The notice must describe: (1) the nature of the violation; (2) the required corrective action; and (3) the time period within which the violation must be corrected. (c) Posting of violation notices. The Department must post on its website a copy of all notices of violations issued under this section. (Ord. 13-095.)

Baltimore City Code, Article 7, § 35-2 Enforcement of notice.

§ 35-2. Enforcement of notice. (a) In general. Any one or a combination of the following actions may be taken to enforce a violation notice. (b) Stop work order. If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site. (c) Bond forfeiture; other action. If reasonable efforts to correct the violation have not been undertaken, the Department may: (1) cause the performance bond or other security to be forfeited; and (2) refer the matter for legal action, including pursuit of criminal and civil penalties under § 35-9 of this subtitle. (d) Civil liability. In addition to any other sanction under this Division III, a person who fails to install or maintain erosion and sediment controls in accordance with an approved plan is liable in a civil action to the City or the State, as the case may be, for damages in an amount equal to double the cost of installing or maintaining the controls. (Ord. 13-095.)

Baltimore City Code, Article 7, § 35-3 Injunctive relief.

§ 35-3. Injunctive relief. Any State or City agency or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Division III.

Baltimore City Code, Article 7, § 35-4 {Reserved}

Baltimore City Code, Article 7, § 35-5 Administrative review – In general.

§ 35-5. Administrative review – In general. (a) Right of appeal. Any person aggrieved by the action of any official charged with the enforcement of this Division III, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division III, or otherwise: (1) may appeal the action to the Director of Public Works; (2) on timely request, is entitled to a hearing on that appeal. (b) When and how taken. The appeal must: (1) be in writing; (2) clearly state the grounds on which the appeal is based; (3) if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and (4) be filed with the Director within 10 days of the action in dispute. (Ord. 14-307; Ord. 13-095.)

Baltimore City Code, Article 7, § 35-6 Administrative review – Delegation of hearing authority.

§ 35-6. Administrative review – Delegation of hearing authority. (a) In general. Hearings may be conducted by: (1) the Director of Public Works; or (2) a hearing officer designated by the Director. (b) Scope of delegation. The Director may delegate to a hearing officer the authority to issue: (1) proposed or final findings of fact; (2) proposed or final conclusions of law; (3) proposed or final findings of fact and conclusions of law; (4) proposed or final orders; or (5) the final administrative decision of the Department. (Ord. 15-331; Ord. 13-095.)

Baltimore City Code, Article 7, § 35-7 Administrative review – Conduct of hearing.

§ 35-7. Administrative review – Conduct of hearing. (a) Notice. (1) The Director of Public Works must provide all parties reasonable written notice of the hearing. (2) The notice must state: (i) the date, time, place, and nature of the hearing; (ii) the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; (iii) the right of a party to call witnesses and submit documents or other evidence under § 35-8 of this subtitle; and (iv) that failure of a party to appear for the scheduled hearing may result in an adverse action against the party. (b) Hearings to be open and informal. Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be: (1) open to the public; and (2) conducted in an orderly but informal manner. (Ord. 13-095.)

Baltimore City Code, Article 7, § 35-8 Administrative review – Evidence.

§ 35-8. Administrative review – Evidence. (a) In general. Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply. (b) Right to submit. A party is entitled to: (1) call witnesses; (2) offer evidence, including rebuttal evidence; (3) cross-examine any witness that another party or the Department calls; and (4) present summation and argument. (c) Scope. The Director or hearing officer: (1) may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; (2) may not exclude evidence solely on the basis that it is hearsay; (3) must give effect to a privilege recognized by law; (4) may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; (5) may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and (6) may exclude evidence that is: (i) incompetent; (ii) irrelevant; (iii) immaterial; or (iv) unduly repetitious. (Ord. 13-095.)

Baltimore City Code, Article 7, § 35-9 Administrative review – Final decisions.

§ 35-9. Administrative review – Final decisions. (a) Form and contents. The final decision must: (1) be in writing; and (2) contain separate statements of: (i) the findings of fact; (ii) the conclusions of law; and (iii) the decision or order. (b) Distribution. A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record. (Ord. 15-331; Ord. 13-095.)

Baltimore City Code, Article 7, § 35-10 {Reserved}

Baltimore City Code, Article 7, § 35-11 Judicial and appellate review.

§ 35-11. Judicial and appellate review. (a) Judicial review. A party aggrieved by a final decision of the Department under this Division III may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) Appellate review. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. (Ord. 19-332; Ord. 13-095.)

Baltimore City Code, Article 7, § 35-12 {Reserved}

Baltimore City Code, Article 7, § 35-13 Penalties.

§ 35-13. Penalties. (a) Civil fines. (1) The Department may impose civil fines for violations of this Division III. (2) The amount of the fines are as set forth in the fine schedule established from time to time by the Department with the approval of the Board of Estimates. (3) No fine may exceed $1,000 for any1 offense. (b) Criminal penalties. Any person who violates any provision of this Division III or of any rule or regulation adopted under or incorporated into this Division III is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each offense. (c) Each day a separate offense. Each day that a violation continues is a separate offense. (Ord. 13-095.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/7/III/35Fetched: 10/25/2026