§ 5-409. Revocations, etc., of conditional use.

(a) Attempted resolution.

Whenever the Zoning Administrator learns of a violation of a condition, restriction, or limitation imposed under this subtitle, the Zoning Administrator must attempt to resolve the violation informally and promptly.

(b) Notice of proposed action.

(1) If the Zoning Administrator is unable to resolve the violation, the Zoning Administrator must issue a notice of proposed revocation to:

(i) the owners of record of the property, as shown on the tax records of Baltimore City;

(ii) the persons to whom the conditional use approval was granted or the current operator;

(iii) the owners of record of the properties immediately adjacent to the property; and

(iv) the community, neighborhood, or improvement association listed with the Department of Planning for the area in which the property lies.

(2) A copy of the notice must be provided to the Department of Planning.

(c) Contents of notice.

The notice must:

(1) specify the nature of the violation; and

(2) warn the recipient that, unless the violation is corrected within 30 days, or such other time as is specified in the notice, the matter will be referred to the Board of Municipal and Zoning Appeals for potential modification, suspension, or revocation of the conditional use or sign.

(d) How notice served.

All notices must be served by 1 of the methods specified in § 19-207 {"Violation notice: Service"} of this Code.

(e) Referral to Board.

(1) If the violation is not corrected within the time specified, the Zoning Administrator must forward the record of this matter to the Board of Municipal and Zoning Appeals and request the Board to schedule a hearing.

(2) On receipt of the request, the Board of Municipal and Zoning Appeals must promptly schedule the matter for a hearing, to be held as soon as practicable.

(f) Decision.

(1) If, after notice to the parties and an opportunity to be heard, the Board of Municipal and Zoning Appeals finds that a condition, restriction, or limitation imposed under this subtitle has been violated, the Board may take any 1 or combination of the following actions:

(i) revoke the conditional use or sign;

(ii) suspend the conditional use or sign approval subject to completion of corrective action or other condition set by the Board; or

(iii) affirm the conditional use or sign, subject to a schedule for corrective action, with provision for automatic termination if the schedule is not met.

(2) The Board's findings must be specifically documented in the record.