(a) Generally. Except as otherwise provided by this Code, the department of public works is charged with the enforcement of the provisions of this Code. The “Code Official,” as that term is used in this section, is the director of public works or the director’s authorized designee. This section applies to enforcement of the provisions of this Code except for (1) the technical codes, as defined in section 5-12 of this Code; and (2) Appendix A, entitled “Land Management Code.”

(b) Notice of violation.

(1) Except as otherwise provided in subsection (b)(2) of this section, wherever any Code provision to which this section applies requires an employee or department of the City of Frederick to issue a notice of violation, the notice of violation must be issued in accordance with this section.

(2) This subsection does not apply to provisions of this Code the violation of which is declared to create an emergency situation subject to immediate abatement.

(3) A notice of violation must be in writing and must include the following:

(A) A description of the real property or location on which the violation occurred sufficient for identification;

(B) A statement of the violation;

(C) A correction order specifying the repairs or actions required to achieve compliance with the code;

(D) The amount of time allowed to perform the required repairs or actions;

(E) If applicable, a statement that failure to abate the violation may result in the city abating the violation and charging the costs incurred to the property owner or violator;

(F) An indication of the applicable penalties for failure to comply;

(G) A statement regarding the right to appeal pursuant to subsection (d) of this section; and

(H) A statement as to whether or not the filing of an appeal stays further enforcement action pursuant to subsection (d)(5) or (d)(6) of this section.

(4) Notice is deemed to be properly served if a copy of the notice is:

(A) Delivered personally to the person to be served or the person’s authorized agent; or

(B) Posted in a conspicuous place on or about the structure affected by the notice and sent by first class mail to the person’s last known mailing address. For purposes of this section, the last known mailing address of a property owner is the address on file with the Maryland Department of Assessments and Taxation.

(c) Right of entry.

(1) The code official may enter a structure or premises at any reasonable time, subject to constitutional restrictions, for the purpose of making inspections and performing duties. If entry is refused or not obtained, the code official may seek an administrative search warrant permitting entry.

(2) It is unlawful for any person to interfere in any way with the code official’s performance of official duties. Interference includes, but is not limited to: (A) Engaging in verbally or physically threatening behavior; (B) Engaging in or causing any physical contact with the code official; or (C) Obstructing, hindering, or impeding the code official’s lawful entry onto, or inspection of, the property or premises. Any person who violates subsection (c)(2) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding ninety (90) days, or a fine not exceeding one thousand dollars ($1,000.00), or both.

(d) Right to appeal.

(1) A person who is directly aggrieved by a notice of violation issued pursuant to subsection (b) of this section may appeal to the building code appeals board in accordance with section 2-46 of this Code. A notice of appeal must be delivered to the code official no later than the earlier of (A) ten (10) days after the date of the issuance of the notice of violation; or (B) the deadline for compliance specified in the notice of violation. A notice of appeal must be in writing on forms provided by the department of public works and must state the grounds for an appeal. The notice of appeal must be accompanied by the required fee.

(2) Upon receipt of a notice of appeal, the code official shall schedule a hearing before the building code appeals board as soon as practicable and shall notify the appellant of the date and time of the hearing. At the hearing, the property owner may present witnesses and other evidence and may cross-examine witnesses. It is the burden of the city to show by a preponderance of the evidence that the applicable provision of the code has been violated.

(3) On appeal, the building code appeals board may affirm the action of the code official, or may modify or reverse the action of the code official based on a finding that (A) an applicable provision of this Code has been incorrectly interpreted; or (B) that the condition described in the notice of violation does not exist or does not constitute a violation of the code.

(4) Except as otherwise provided in subsection (d)(5) of this section, the filing of an appeal pursuant to this subsection stays any further enforcement action relating to the action appealed.

(5) If the code official determines that a stay in enforcement action pursuant to subsection (d)(4) of this section would cause imminent peril to life or property, the code official may proceed with enforcement action notwithstanding the filing of an appeal.

(6) Any person aggrieved by a decision of the building code appeals board may, within ten (10) days of the decision, file a petition for judicial review in the circuit court for Frederick County in accordance with the Maryland Rules applicable to judicial review of administrative agency decisions. (Ord. No. G-90-27, § 1, 10-18-90; Ord. No. G-95-1, § 1, 2-2-95; Ord. No. G-07-26, § 2, 12-20-07)