Section 114. Violations
114.1 Unlawful acts.
It is unlawful for any person to:
1. construct, alter, add to, repair, rehabilitate, demolish, move, locate, use, occupy, or maintain any structure, premises, land, or equipment contrary to or in conflict with or in violation of:
a. any provision of this Code,
b. any provision of City Code Article 6 {"Historical and Architectural Preservation"}, or
c. any provision of any rule, regulation, decision, permit, notice. or order issued under this Code or under City Code Article 6 by the Building Official, by the Commission for Architectural and Historical Preservation, or by any other person, board, department, bureau, commission, or agency with jurisdiction,
2. otherwise fail to comply with any provision of this Code, of City Code Article 6, or of any rule, regulation, decision, permit, notice, or order issued under this Code or City Code Article 6, or
3. cause any of these acts or omissions to be done.
114.2 Violation notice or order.
Except as otherwise provided in this Code, the Building Official may serve a violation notice or order on any person legally responsible for the construction, alteration, addition, repair, rehabilitation, demolition, moving, location, use, occupancy, or maintenance of any structure, premises, land, or equipment in violation of any provision of:
1. this Code, or
2. a plan approved under this Code, or
3. a permit or certificate issued under this Code.
114.2.1 Tenor of notice or order.
The notice or order may direct:
1. the discontinuance of the illegal action or condition, and
2. the abatement of the violation, which may include restoration to the prior condition.
114.3 Enforcement generally.
If a violation is not discontinued or abated within 14 days of the issuance of a violation notice, or if the violation notice or order is not complied with within 14 days of the issuance of a violation notice, the Building Official may institute or cause to be instituted any appropriate legal proceedings. Provided however, for an emergent issue, as determined by the Building Official, the 14 day period to abate or comply with the notice or order may be waived by the Building Official and the Building Official may institute or cause to be instituted any appropriate legal proceedings.
114.3.1 Types of proceedings.
Enforcement proceedings may include:
1. injunctive or other equity proceedings, including:
a. an action initiated by a code-enforcement-injunction citation under City Code Article 19, § 71-3 {"Code enforcement injunction"}, or
b. an action for appointment of a receiver under § 121 {"Vacant Building Receiver"} of this Code,
2. criminal prosecution, including a prosecution initiated by a prepayable criminal citation under City Code Article 19, § 71-2 {"Prepayable criminal citations"}, and
3. administrative proceedings, including one initiated by an environmental citation under City Code Article 1, § 40-14 {"Violations to which subtitle applies"}.
114.3.2 Remedies not exclusive.
In pursuing a violation, the Building Official may use any 1 or more available remedies or enforcement actions. The initiation of any 1 remedy or enforcement action does not preclude pursuing any other remedy or enforcement action authorized by law. Neither damages, irreparable injury, nor the lack of an adequate remedy at law is a prerequisite to enforcement in equity.
114.3.3 When prior notice not required.
A violation notice or order is not a prerequisite to enforcement action in the following situations:
1. when seeking a temporary restraining order or injunction in an emergency,
2. when seeking equitable relief for a pattern or practice of noncompliance,
3. for work being done without a permit or in violation of a stop-work order,
4. for a violation that remains unabated after a prior prosecution for that violation,
5. for a prepayable criminal citation that is issued under City Code Article 19, Subtitle 71 {"Special Enforcement Officers"} and for which prior notice is waived under Article 19, § 71-2 {"Prepayable criminal citations"},
6. for an environmental citation that is issued under City Code Article 1, Subtitle 40 {"Environmental Control Board"},
7. for occupying or causing to be occupied a building that is subject to a violation notice issued under § 116 {"Unsafe Structures"} or § 120 {"Condemnation Proceedings"}, and
8. in any other case specifically authorized by this Code.
114.4 Violation a misdemeanor.
A person is guilty of a misdemeanor and, on conviction, subject to the penalties specified in this § 114.4, if the person:
1. violates a provision of this Code,
2. fails to comply with any requirement of this Code or of a {rule,} regulation, order, decision, permit, or notice issued under this Code, or
3. constructs, alters, adds to, repairs, rehabilitates, demolishes, moves, locates, uses, occupies, or maintains any structure, premises, land, or equipment in violation of an approved plan or directive of the Building Official or of a permit or certificate issued under this Code.
114.4.1 Notice required.
Except as otherwise specifically authorized by law, criminal proceedings may not be initiated unless the Building Official issues a notice of violation and allows a period within which to abate the violation.
114.4.2 Each day a separate offense.
If a violation is not discontinued, abated, or complied with within 14 days from the issuance of a violation notice, each day thereafter that a violation continues is a separate offense. Proof that a violation exists on any date after issuance of a violation notice is prima facie evidence that the violation has continued unabated throughout the intervening period.
114.4.3 Penalties.
The penalty for each offense is a fine of not more than $500.
114.5 Civil penalties and costs.
In equity proceedings instituted under this Code:
1. a violation for which equitable relief is sought is subject to a civil fine of not more than $500 for each day that the violation continues unabated,
2. the defendant is liable for the plaintiff's enforcement costs and reasonable attorneys' fees, at the rate established by the Court of Appeals, whether or not the attorney is a salaried employee of the plaintiff, and
3. judgment may be sought for outstanding liens imposed by the City on property subject to the proceeding and owned by the defendant.
114.6 Additional legal action.
The imposition of penalties does not preclude the City Solicitor from instituting appropriate legal proceedings to:
1. prevent unlawful construction,
2. restrain, correct, or abate a violation,
3. prevent illegal occupancy of a structure or premises, or
4. stop an illegal act, conduct, business, or use of a structure on or about any premises.
114.7 to 114.10 {Reserved}
114.11 Revoking or withholding violator's permits.
114.11.1 Scope.
This § 114.11 applies whenever the Building Official finds that an owner, an owner's agent, a contractor, or an architect, engineer, or other design professional:
1. has violated a provision of this Code, of a permit, or of the rules and regulations of any department or agency of the City in connection with the construction, alteration, addition, repair, rehabilitation, demolition, moving, location, use, occupancy, or maintenance of any structure, premises, land, or equipment, or
2. has failed to pay any outstanding citation issued or fee imposed under this Code.
114.11.2 Actions authorized.
In any situation described in § 114.11.1, the Building Official may:
1. revoke, without prior notice, any existing permit that has been granted:
a. to the owner, the owner's agent, the contractor, or the architect, engineer, or other design professional, or
b. for work in connection with which the design professional is employed, and
2. refuse to grant, for a period of up to 5 years, any further permits:
a. to the owner, the owner's agent, the contractor, or the architect, engineer, or other design professional,
b. for work in connection with which the design professional is employed, or
c. for work on the property with respect to which the violation occurred.
114.12 to 114.13 {Reserved}
114.14 Work without permit.
Any person who does work without a permit, outside or beyond the scope of a permit, or in a manner inconsistent with plans or drawings approved as part of a permit application:
1. is in violation of this Code and subject to enforcement action without notice,
2. must immediately stop any work in progress,
3. must obtain a permit, paying all associated fees and penalties, whether the work is in progress or completed, and
4. must restore the structure to its original condition, unless:
a. the work otherwise conforms to the relevant requirements of law, and
b. the Building Official, in his or her discretion, allows the work to remain or continue.
114.15 to 114.20 {Reserved}
114.21 Responsibility of owners and operators.
Except as otherwise specifically provided in § 114.21.1, the owner and the operator of any property subject to this Code are each:
1. responsible for compliance with all provisions of this Code in all matters pertaining directly or indirectly to that property, and
2. liable for all violations of this Code in connection with any land, structure, matter, or thing owned or controlled by them.
114.21.1 Exceptions.
Only the owner is responsible for compliance with a provision requiring an owner's signature. Except as specified in § 114.21.2, an owner or operator is not responsible for compliance with a provision of this Code that is specifically designated as the responsibility of the occupant, unless that owner or operator is also an occupant.
114.21.2 Liability for sanitary maintenance.
a. Secondary liability.
If, after a notice, order, or citation, a tenant fails to correct a violation of Property Maintenance Code§ 305 {"Exterior Sanitary Maintenance – General"} or § 306 {"Exterior Sanitary Maintenance – Trash, Garbage, and Debris"} for which occupants are responsible under Property Maintenance Code§ 308 {"Occupants' Sanitary Responsibilities"}, the owner and operator of the property are secondarily liable.
b. Liability – Failure to register property.
The owner of a property is responsible for exterior sanitary maintenance if:
1. the owner fails to register or license the property as required by City Code Article 13, Subtitle 4 {"Registration of Non-Owner-Occupied Dwellings, etc."} or Subtitle 5 {"Licensing of Rental Dwellings"}, or
2. reasonable attempts at telephone contact, using information in a current registration statement, do not lead within 2 business days to current occupant information.
c. Liability – Third environmental citation.
The owner of a property is responsible for exterior sanitary maintenance if:
1. within the previous 12 months, two or more environmental citations were issued under City Code Article 1, Subtitle 40 {"Environmental Control Board"}, for violations of this Code that were the responsibility of an occupant of the property under Property Maintenance Code§ 308 {"Occupants Sanitary Responsibilities"}, and
2. notification of each citation has been sent to the owner by regular mail.
114.21.2.1 Notice to owner, operator.
Before an owner or operator may be charged under § 114.21.2a {"Secondary liability"}, he or she must be served with a violation notice under § 123.4 {"Violation notices"}. A violation notice under § 123.4 is not necessary to charge an owner under §§ 114.21.2b {"Liability – Failure to Register Property"} or 114.21.2c {"Liability – Third environmental citation"}.
114.21.2.2 Recovery of expenses.
If an owner or operator incurs expenses in correcting the violation, the owner or operator:
1. may bring legal action to recover those expenses from the tenant, and
2. has all the rights and remedies available under the law for nonpayment.
114.22 Responsibility of others.
In addition to the owner or operator of the property involved, any other person who violates any provision of this Code is liable for the violation and, on conviction, is subject to all penalties provided in this Code for the violation.
114.23 Responsibility of transferee.
This § 114.23 applies whenever any property is transferred by sale, assignment, ground rent lease, or otherwise, with or without consideration ("transfer"). Except as provided in § 114.25 {"Responsibility of mortgagee"}, this § 114.23 does not apply to a mortgagee or to the holder of a note secured by a deed of trust.
114.23.1 Duty before transfer.
Before any transfer of property, the transferee must obtain a copy of a violation report for the property.
114.23.2 Primary liability of transferee.
On transfer of the property, if any violation or condemnation notices lie against the property and are included in the violation report, the transferee:
1. becomes primarily liable for those notices the same as if the notices had been addressed to the transferee,
2. must abate the violation, and
3. is liable in accordance with § 117 {"Emergency and Corrective Measures"} of this Code for any expenses incurred by the City in abating the violation or condemnation notice, if the transferee failed to request a violation report as required by § 114.23.1.
114.23.3 Reliance on violation report.
A transferee is not liable for abatement expenses incurred by the City if, before the transfer, the transferee requested a violation report and the report does not show the violation.
114.24 Responsibility of officers, directors, etc., of corporations, partnerships, etc.
Whenever a corporation, joint stock company, partnership, association, limited liability company, or other entity violates any provision of this Code, every officer, director, trustee, partner, member, or agent of that entity who has authorized or done any of the acts constituting the violation, in whole or in part, or who has failed to act or acquiesced in any failure to act constituting the violation, in whole or in part, is individually guilty of a misdemeanor and, on conviction, is subject to the penalties provided in this § 114.
114.25 Responsibility of mortgagee.
A person that acquires an interest in property by way of a mortgage or deed of trust ("lender") is liable to the same extent as an owner/transferee for a violation or condemnation notice pertaining to a vacant unsafe structure, if:
1. the person with primary responsibility fails to comply with the notice,
2. the lender has been notified by certified mail of the violation or condemnation notice, and
3. within 180 days after the receipt of the notice:
a. ratification of a foreclosure sale of the property has not occurred, or
b. the lender has not released its mortgage or deed of trust.
114.25.1 Bankruptcy toll.
The 180-day period referred to in § 114.25(3) is tolled by any period during which the lender's right to foreclose is stayed by a pending proceeding under the federal Bankruptcy Code.
114.25.2 Defense.
During any enforcement proceeding instituted against a lender under this section, it is a defense that the lender did not have the right to institute foreclosure proceedings.
114.25.3 During pendency of foreclosure.
During the pendency of a foreclosure, the lender is responsible for maintaining the property free from high vegetation, free from accumulation of trash and debris, and otherwise in full compliance with the requirements of this Code.
114.26 Responsibility of buyer on foreclosure.
On foreclosure or sale in lieu of foreclosure, the buyer:
1. acquires ownership responsibility when the sale is ratified, and
2. takes title subject to any outstanding notices.