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ADMINISTRATIVE REVIEW BOARD
1A-1. Statement of policy. 1A-2. Composition; appointment, terms and removal of members; vacancies. 1A-3. Rules of Procedure. 1A-4. Request for review. 1A-5. Validity. 1A-6. Severability.
Sec. 1A-1. Statement of policy. It is the policy of the City of Bowie to protect the health, safety and welfare of its residents through the enforcement of the provisions of the Code of the City of Bowie (the "Code"). To ensure the equitable application of the Code, the City desires to create a process whereby persons who receive a citation for a municipal infraction may seek review of its issuance and persons aggrived by a decision or action of the City Manager may have a forum for the review of such decision or action. Sec. 1A-2. Composition; appointment, terms and removal of members; vacancies. A. The Council of the City of Bowie, Maryland may provide for the appointment of an Administrative Review Board composed of seven (7) members who are residents and registered voters of Bowie. Each member shall serve a term of two (2) years or until a successor is appointed. The Board may sit in three (3) member hearing panels which shall be designated by the Chairman. Vacancies shall be filled by the Council for the unexpired term of any member whose term becomes vacant. The members of the Administrative Review Board may be removed for cause by the Council of the City of Bowie upon written charges and after public hearing before the Council of the City of Bowie. B. Power and functions.
Sec. 1A-3. Rules of Procedure. A. The Administrative Review Board shall comply with all provisions of R-65-86, as amended from time to time, governing the Rules and Regulations of City Boards. The Board shall keep minutes of its proceedings and all findings and recommendations shall be reduced to writing and entered as a matter of public record in the Office of the City Clerk. In matters concerning the procedure for meetings not covered by R-65-86 or this Chapter, the Board may establish its own rules, provided they are approved by the City Attorney for form and legal sufficiency. B. The City Manager shall designate an executive secretary to the Administrative Review Board and shall provide such support service as may be required. Sec. 1A-4. Request for review. A. Any person aggrieved by an action of the City Manager under the provisions of Chapter 5 of the Code of the City of Bowie or any person aggrieved by an action of a Code Enforcement Officer of the City of Bowie may, within fifteen (15) days of receipt of a notice of action by the City Manager or a citation for a municipal infraction, request a hearing before the Administrative Review Board. Hearing requests shall be on forms provided by the City Manager and shall be filed with the executive secretary who will notify the aggrieved person in writing of the time and place set for the hearing. B. A request for review of a citation for a municipal infraction issued by a municipal Code Enforcement Officer shall operate to stay further action of the Code Enforcement Officer until a decision of the Board is transmitted to the City Manager and the Citation is transmitted by the City Manager to the District Court for adjudication. This section shall not be construed to prohibit the City from seeking an injunction to protect the public's health, safety and welfare. (Sec. 1A-4B amended by O-17-94, adopted 10/3/94). C. Within sixty (60) days of the filing of a request for review, the Administrative Review Board shall conduct a hearing at which time an opportunity shall be given to both the aggrieved person and the City staff or Code Enforcement Officer to present evidence. The hearing shall be open to the public and records and minutes shall be maintained by the Board at all such hearings. The Board shall issue a written decision affirming, reversing, or modifying the action under review no later than thirty (30) days from the closing of the hearing and shall provide a copy thereof to the persons aggrieved. D. An aggrieved person shall abide by the decision of the Board which shall be deemed a final resolution of the matter in the review of an action of the City Manager pursuant to Chapter 5 of the Code of the City of Bowie. In matters involving a municipal infraction, where the decision of the Administrative Review Board is to reverse the citation, the citation may be transmitted by the City Manager to the District Court after notification to the City Council. If the Board determines that a violation of a provision of the Code has occurred and that the Code Enforcement Officer's action was correct, the violation must be corrected within a time period established by the Board, not to exceed thirty (30) days from the date on which the decision of the Board was issued. If the violation remains uncorrected after the time day period within which the Board has established the violation should be corrected, the City Manager shall request adjudication of the case through the District Court in accordance with State law. (Sec. 1A-4 amended by O-27-91, effective1/2/92); Sec. 1A-4(C) amended by O-4-02, effective 7/31/02). Chapter 1A of the Code shall not affect citations issued for the violation of any ordinance, code or regulation of the City of Bowie issued prior to the effective date of this Chapter and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed. If any clause, sentence, part or parts of this Chapter, or of any section thereof, shall be held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining parts of this Chapter or of any section thereof. Chapter 1A enacted by O-07-90, 4/16/90) |
 Bowie City Hall |
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