§ 27-264.01. Expedited enforcement procedures.

(a)

The Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement shall establish policies, rules, and procedures to implement this Division.

(b)

Notwithstanding the provisions of Section 27-264, when the Chief of Police, the Fire Chief, or the Director of the Department of Permitting, Inspections, and Enforcement determine that a violation of Section 27-253 or Section 27-260 has occurred with respect to the use of any building, structure, or land, or there is a failure to obtain a use and occupancy permit, the Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement are authorized to direct the Police Department, the Fire/Emergency Medical Services Department, and the Department of Permitting, Inspections, and Enforcement, respectively, to issue a written violation notice directing that the violation cease and that all activities in the building, structure, and on the land cease pending a hearing before the Zoning Hearing Examiner in accordance with Section 27-264.01(g).

(c)

The Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement shall provide the written violation notice, issued pursuant to Section 27-264.01, to one (1) of the following: the owner, general agent, or lessee of the building, structure, or land; the person, firm, or corporation conducting the activities; or any person in the building, structure or on the land that directs, manages, or is in control or is in apparent control or management of the activity or activities set forth in Section 27-253 or Section 27-260. In the event that no person or no person representing entities set forth in this Section are present or any person or any person representing entities set forth in this Section flees when the activity or activities take place and the written violation notice is being issued, the written violation notice shall be posted on the building, structure or on the land in which or upon which the activity or activities took place, directing that the violation cease and that all activities in the building, structure, or on the land cease pending a hearing before the Zoning Hearing Examiner in accordance with Section 27-264.01(g). Posting of the issued written notice shall be deemed to be constructive notice to the owner, general agent, or lessee of the building, structure, or land; the person, firm, or corporation conducting the activities; or any person in the building, structure or on the land that directs, manages, or is in control or is in apparent control or management of the building, structure or on the land in which or upon which the activity or activities took place.

(d)

For violations of Section 27-253(f), (g), and (h) or Section 27-260(f), (g), and (h) of the Zoning Ordinance, the owner, general agent, or lessee of the building, structure, or land, the person, firm, or corporation conducting the activities; or any person in the building, structure or on the land that directs, manages, or is in control or is in apparent control or management of the building, structure or on the land in which or upon which the activity or activities took place may request a hearing before the Zoning Hearing Examiner. The Zoning Hearing Examiner shall commence a hearing within four (4) days following receipt of the request for a hearing.

(e)

The Zoning Hearing Examiner shall provide a hearing on the record.

(f)

The enforcement action of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement shall not be stayed during the pendency of the hearing.

(g)

The Zoning Hearing Examiner shall render a decision on the enforcement action within two (2) days after the conclusion of the hearing on the record. The decision shall include the following findings of fact: whether a use and occupancy permit has been issued for the use alleged to be in violation; whether the activity in the building, structure or on the land in which the activity took place is in compliance with any existing use and occupancy permits; whether there was an imminent danger and threat to the public health, safety and welfare, and whether the activity constitutes a continuing threat to the public health, safety and welfare.

(h)

The Zoning Hearing Examiner may reverse, modify or remand the decision of the Police Department, the Fire/Emergency Medical Services Department or the Department of Permitting, Inspections, and Enforcement, respectively, only if the decision of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement, respectively, is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence.

(i)

The enforcement action of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement, respectively, shall terminate or continue according to the determination of the Zoning Hearing Examiner.

(j)

Any party aggrieved by a decision of the Zoning Hearing Examiner may appeal the decision to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Title 7 of the Maryland Rules of Procedure.

(CB-31-2006; CB-46-2010; CB-29-2014)