TO: CITY COUNCIL
FROM: DAVID DEUTSCH, CITY MANAGER
RE: ORDINANCE O-4-02, AMENDING CHAPTER 1-A OF THE CITY CODE
DATE: JUNE 10, 2002
Staff in the Code Compliance division routinely reviews City ordinances and
makes recommendations to Council for amendments that will clarify, update
and make the codes more usable. Recently, a resident inquired of the City
with regard to a provision in the Code which requires that Applications for
hearing before the Administrative Review Board be scheduled for hearing before
the Board within 30 days of receiving the request. The ARB meets to hear cases
on the third Thursday of each month. Occasionally, due to a full ARB agendas
or late receipt of a Hearing Application, some cases are not heard until the
following month. It is the exception, and not the rule. However, in an attempt
to protect the City from a resident who may ask that a fine be cancelled because
a hearing was not able to be held within 30 days, an ordinance has been drafted
for your review which will extend the time within which a hearing must be
scheduled to 60 days.
Staff recommends Council approval
of the attached Ordinance O-4-02, Amending Chapter 1-A, Section 4-c of the
Bowie City Code, which will extend the time within which a hearing before
the Administrative Review Board must be scheduled from 30 days to 60 days.
.
Attachment
ORDINANCE
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND, AMENDING CHAPTER 1A, "ADMINISTRATIVE
REVIEW BOARD", SECTION 1A-4, "REQUEST FOR REVIEW", SUBSECTION
C, TO INCREASE THE TIME FOR THE BOARD TO HOLD A HEARING UPON A REQUEST FOR
REVIEW OF A MUNICIPAL INFRACTION CITATION FROM THIRTY (30) TO SIXTY (60) DAYS
WHEREAS, pursuant to Md.
Ann. Code, Article 23A, § 2(a), the City of Bowie (hereinafter, "the
City") has the general authority to pass such ordinances not contrary
to the Constitution of Maryland, public general law, or, except as provided
in Md. Code Ann., Article 23A, § 2B, public local law as it may deem
necessary in order to assure the good government of the municipality, to protect
and preserve the municipality's rights, property, and privileges, to preserve
peace and good order, to secure persons and property from danger and destruction,
and to protect the health, comfort and convenience of the citizens of the
municipality; and
WHEREAS,
pursuant to this authority, the City enacted Chapter 1A, "Administrative
Review Board", which provides, inter alia, for a mechanism for any person
alleged to have committed municipal infractions to seek review of the decision
to issue a citation for such violation; and
WHEREAS, Section 1A-4 sets
forth the procedures governing review of municipal infraction citations by
the Administrative Review Board (hereinafter, the Board") and provides,
inter alia, that the Board shall schedule a hearing upon a request for review
of a municipal infraction citation within thirty days of receiving such request;
and
WHEREAS, in practice, due
in part to the infrequency of meetings of the Board, the requirement that
the Board hold a hearing within thirty days of hearing a case has frequently
been burdensome to the Board and City staff; and
WHEREAS,
the City Council deems it in the best interests of the City that Section 1A-4,
subsection (c), be amended to increase the time for the Board to hold a hearing
from thirty to sixty days following receipt of a request for review.
Section 1. NOW THEREFORE BE IT ORDAINED AND ENACTED, by the Council of the
City of Bowie, Maryland that Chapter 1A, "Administrative Review Board",
Section 1A-4, "Request for review", be amended as follows:
Sec. 1A-4. Request for review.
* * *
(c) Within SIXTY (60) [thirty (30)] 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.
* * *
Section 2. BE IT FURTHER ORDAINED
that this Ordinance shall become effective thirty (30) days after its enactment
by the Council of the City of Bowie, Maryland provided that a fair summary
of this Ordinance is published at least once prior to the date of passage
and at least once within ten (10) days after the date of passage in a newspaper
having general circulation in the City.
INTRODUCED by the Council of the City of Bowie, Maryland at a Regular Meeting
on the 15th day of April 2002.
PASSED by the Council of the City of Bowie, Maryland at a Regular Meeting
on the _____ day of ___________________ 2002.
ATTEST: THE CITY OF BOWIE, MARYLAND
By:
Pamela A. Fleming G. Frederick Robinson, Mayor
City Clerk
APPROVED AS TO FORM AND SUFFICIENCY:
Robert H. Levan, City Attorney