§ 43B-8. Enforcement by citation.

(a) In general.

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation, as authorized by City Code Article 1, Subtitle 41 {"Civil Citations"}.

(b) Process not exclusive.

The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.

(c) Applicable standards.

(1) A civil citation may be issued under this subtitle without proof that the cited owner, operator, tenant, occupant, or holder of a possessory interest knew of or participated in the neighborhood nuisance or unruly social event.

(2) For a civil citation issued under this subtitle to the owner or operator of leased property, it is a defense to any fine imposed on the owner or operator that:

(i) the owner or operator neither authorized, knew in advance of, nor participated in the neighborhood nuisance or unruly social event; and

(ii) the owner or operator provides proof:

(A) that the owner or operator has regained possession of the leased property; or

(B) that the owner or operator has filed court proceedings under State Real Property Article § 8-402.1 {"Breach of lease"} and City Public Local Laws § 9-14, as applicable, to regain possession of the leased property and that:

1. the court has entered a judgment in favor of the owner or operator; or

2. those court proceedings are still pending at the time the citation is being adjudicated, in which case the court adjudicating the citation may postpone its proceedings until the conclusion of the court proceedings to regain possession.

(3) For purposes of court proceedings filed under paragraph (2)(ii)(B) of this subsection, it is the intent of the Mayor and City Council that a violation of this subtitle shall be construed as demonstrating a clear and imminent danger that the persons responsible or others involved will do serious harm to themselves or others, within the scope and meaning of State Real Property Article § 8-402.1(a)(1)(i)2.B.