THE CITY
OF
ORDINANCE NO. G-07-26
FOR THE PURPOSE of updating
regulations regarding notices, orders and inspections
BY
RENAMING Chapter 2, Article II, Division 4; and
BY
AMENDING Section 2-27.5, entitled “Code Enforcement”
Section 1. BE IT ENACTED AND ORDAINED BY THE MAYOR AND
BOARD OF ALDERMEN OF THE CITY OF FREDERICK that in Article II of Chapter
2 of the Code of the City of Frederick, 1966, as amended, Division 4 is renamed
as follows:
DIVISION
4. [DIRECTOR OF PERMITS AND CODE MANAGEMENT] DEPARTMENT
OF CODE ENFORCEMENT.
Section 2. BE IT FURTHER
ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF
FREDERICK that
Section 2-27.5, "Code Enforcement," is amended as follows:
Sec. 2-27.5. [Code
enforcement] Notices, right of entry, and appeals.
(a) Generally. [It shall
be the duty and responsibility of the director of permits and code management
or his designated representative to enforce the city codes, rules and
regulations as specified by the mayor and board of aldermen.] 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 Sec. 5-12 of this Code; and (2) Appendix A,
entitled "Land Management Code."
(b) [Notices
and orders.] Notice of violation.
(1) [Whenever the director
or his designated representative determines that there has been a code, rule or
regulation violation or has reasonable grounds to believe that a violation has
occurred, notice shall be given to the property owner.] Except as otherwise
provided in paragraph (2) of this subsection, wherever any Code provision to which this section applies requires an
employee or department of The City of
(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) [(2)] Notice [shall be] is
deemed to be properly served [upon a property owner by one of the
following methods] if a copy of the notice is:
[a. By delivering to the person to be served or his agent a copy of
the notice and all other necessary papers]
A. Delivered personally to the person
to be served or the person's authorized agent; or
[b. By mailing to the person to be served
at his last known address or to his agent by certified or registered mail with
return receipt request a copy of the notice and all other necessary
papers. c. If the certified or registered letter is returned with receipt
showing that it has not been delivered, notice shall be served by posting a
copy of it]
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) [Inspection authority.] Right of entry.
(1) The [director of permits and code management
or his designated representative is authorized to] Code Official may enter a structure or premises at any
reasonable time [upon providing
reasonable notice to the property owner and tenant], 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 [shall
be] is unlawful for any
person to interfere in any way with the [director
of permits and code management or his designated representative, including but
not limited to any inspector, while acting in his official capacity and
conducting his] Code Official's performance of official duties. [Such interference shall be considered
to include, but not be limited to, refusing to permit entry to the property or
premises, or otherwise obstructing, hindering, or impeding in any way such
entry onto the property or premises; engaging in any threatening behavior,
either verbal or physical; and/or engaging in or causing any physical contact
upon the director or his designated representative. Violation of this section
is declared to be a misdemeanor. The penalty for violation of this section
shall be a fine not to exceed five hundred dollars ($500.00), imprisonment for
not more than ninety (90) days, or both.]
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 section 2-27.5(c)(2) is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding 90 days, or a fine not exceeding
$1,000, or both.
(d) Right
to appeal. [A person aggrieved
by a decision of any city inspector may appeal the decision, in writing, within
thirty (30) days of the decision, to the director. If the appeal involves
plumbing or zoning issues, the director shall refer these appeals to the
appropriate city agencies to process the appeal. The director shall render a
decision within seventy-two (72) hours of receiving the appeal and shall notify
the appellant in writing of his decision. The appellant may appeal the decision
of the director, in writing, within thirty (30) days of receipt of the
director’s decision, to a three (3) person panel consisting of the directors of
engineering, planning and public works.]
(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) 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 paragraph 5 of this subsection, 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 paragraph
4 of this subsection 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 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.
Section 3.
BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE
CITY OF FREDERICK that in
the event any provision, section, sentence, clause or part of this Ordinance
shall be held to be invalid, such invalidity shall not affect or impair any
remaining provision, section, sentence clause or part of this Ordinance, it
being the intent of the city that such remainder shall be and shall remain in
full force and effect.
Section 4. BE IT FURTHER ENACTED AND
ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF FREDERICK that this Ordinance shall take effect as of the date of its
passage, and all other ordinances or parts of ordinances inconsistent with the
provisions of this Ordinance will as of that date be repealed to the extent of
such inconsistency.
APPROVED: December 20, 2007 PASSED:
December 20, 2007
____________________________ ____________________________
WILLIAM J. HOLTZINGER, Mayor WILLIAM
J. HOLTZINGER, President,
Board of Aldermen
Approved for Legal Sufficiency:
________________________
Legal Department