§ 71-3. Code enforcement injunction.

(a) Petition.

A special enforcement officer of the Department of Housing and Community Development may issue and serve a petition for a code enforcement injunction, to be adjudicated in the District Court, for any violation that is subject to equitable remedies of a code, ordinance, regulation, or Public Local Law pertaining to building, housing, zoning, fire, public health, and sanitation.

(b) Summons.

(1) If approved by the District Court, the form for a code enforcement injunction petition may contain the summons, directing the defendant to appear for hearing on a specified date.

(2) Except in an emergency, a specified hearing date may not be less than 7 days after service of the summons on the defendant.

(3) An enforcement officer must coordinate the selection of hearing dates with the appropriate District Court officials.

(1) A code enforcement injunction petition must contain:

(i) the name and address of the person charged;

(ii) the nature of the violation and the section of law violated;

(iii) the location, date, and time the violation was observed;

(iv) the nature of equitable relief requested;

(v) the effect of failing to appear for hearing;

(vi) the enforcement officer's certification attesting to the truth of the matter set forth; and

(vii) any additional facts necessary to entitle the plaintiff to the relief requested.

(2) If the violation is subject to a civil fine, the injunction petition may include a request that the fine be imposed.

(3) If the violation is a condition on real property owned by the defendant, the injunction petition may include a request for judgment in the amount of any outstanding municipal liens on the property, if the property is:

(i) a vacant lot; or

(ii) a vacant building that is unfit for habitation.

(d) Service on defendant — in general.

A District Court code enforcement injunction petition may be served on the defendant:

(1) in accordance with Maryland Rule 3-121; or

(2) for violations related to real property owned by the defendant, if proof is made by affidavit that a good faith effort to serve the defendant by personal delivery or by certified mail, return receipt requested, has not succeeded, then:

(i) by regular mail to the defendant's last known address and either delivery to an adult or posting of the injunction petition at the defendant's last known address; or

(ii) if the last known address of the defendant is a post office box or is out-of-state, by regular mail to the defendant's last known address and posting of the injunction petition at the property on which code violations are cited.

(e) Service on defendant — "last known address".

For the purpose of service of a District Court code enforcement injunction petition:

(1) the address provided in the rental property registration records of Baltimore City may be used as the last known address of a defendant who is an absentee owner of residential real property on which code violations are cited; or

(2) the mail-to address provided in the real property tax records of Baltimore City may be used as the last known address of a defendant who:

(i) is an absentee owner of residential real property on which code violations are cited; and

(ii) has failed to register in the rental property registration records of Baltimore City.

(f) Service on defendant — registered properties.

If an owner has properly registered a current local agent and local address for service of process under the requirements of the Baltimore City Code relating to rental property registration, and if service is made by mail and posting at a last known address other than that provided in the owner's rental property registration form, then notice of the proceeding shall be sent to the owner at the rental property registration address, by certified mail, at least 72 hours before the time and date of the hearing on the permanent injunction.

(g) Default judgment on failure to appear.

If the defendant fails to appear for a hearing on the specified date, on motion of the plaintiff, the Court may enter a default judgment against the defendant for 1 or more of the following, as appropriate:

(1) the equitable relief requested;

(2) the amount of unpaid municipal liens on the property; and

(3) the amount of civil fine for the violation, which, following the defendant's failure to appear, may be doubled to no more than $1,000.

(h) Civil fines: judgment; collection; suspension.

When the Court imposes a civil fine:

(1) the fine is a judgment in favor of the City;

(2) if the fine is unpaid 30 days after the date of entry, the judgment is enforceable like other money judgments unless the Court has suspended or deferred payment under item (3) of this subsection; and

(3) the Court may set conditions for suspending or deferring payment of the fine.

(i) Abatement order; payment of expenses.

(1) The equitable relief ordered by the Court may include an order authorizing the City to perform acts, described with particularity, to abate a violation at the expense of the defendant.

(2) The City may present a bill for its abatement expenses under this subsection by:

(i) regular mail to the defendant's last known address; or

(ii) any other means reasonably calculated to bring the bill to the defendant's attention.

(3) If the defendant does not pay the City's bill within 30 days of presentment, the City may file a motion in accordance with the Maryland Rules for entry of judgment against the defendant for the abatement expenses.

(j) Evidentiary standards.

(1) Except as provided otherwise in paragraph (2) of this subsection, the plaintiff must prove he is entitled to the relief requested by a preponderance of the evidence.

(2) If the plaintiff seeks to have a civil fine imposed, he must prove by clear and convincing evidence that the defendant committed the violation cited.

(k) Contempt.

(1) Except as provided in paragraph (2) of this subsection, if a defendant fails to pay a fine or Court cost imposed by the Court or fails to comply with any other order of the Court, the Court may hold the defendant in contempt under Maryland Rules 15-205 and 15-206 and may enforce the order under Maryland Rule 3-648.

(2) A money judgment for municipal liens or abatement expenses may not be enforced by contempt.

(l) City representative.

The State's Attorney, the City Solicitor, or any attorney designated by the City may represent the City in a code enforcement injunction proceeding.