[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant 4-14-2003 by Ord. No. 03-01. Amendments noted where
applicable.]
A.
Any person who is alleged to have violated an ordinance punishable
as a municipal infraction shall be delivered a citation containing
minimally the following information:
(1)
The name and address of the person charged.
(2)
The nature of the infraction.
(3)
The location and time that the infraction occurred or was observed.
(4)
The amount of the infraction fine assessed.
(5)
The manner, location and time in which the fine may be paid to the
City.
(6)
The person's right to elect to stand trial for the infraction.
(7)
The effect of failing to pay the assessed fine or demand a trial
within the prescribed time.
B.
The Code Enforcement Officer, any law enforcement officer or such
other persons as the Council may designate shall be authorized to
deliver a citation. A copy of each citation delivered shall be retained
by the City and shall bear the certification of such person that the
matters set forth in the citation are true.
C.
The citation shall be served on the defendant:
(1)
In accordance with Rule 3-121 of the Maryland Rules; or
(2)
For real-property-related violations, if proof is made by affidavit
that good faith efforts to serve the defendant under Rule 3-121(a)
of the Maryland Rules have not succeeded, by:
(a)
Regular mail to the defendant's last-known address;
(b)
Posting of the citation at the property where the infraction
has occurred or is occurring, and, if located within the municipality
in which the infraction has occurred or is occurring, at the residence
or place of business of the defendant.
The fine for a municipal infraction shall be specified in the
ordinance violated, provided that such fine shall not exceed $1,000
for any violation, or the maximum amount allowed by state law for
a municipal infraction, whichever is greater. Each day a violation
continues, unless otherwise provided, shall constitute a separate
offense. The fine shall be payable within 20 calendar days of receipt
of a citation.
Any person receiving a citation may elect to stand trial for
the offense by notifying the City, in writing, of his or her intention
to stand trial within 20 calendar days. Upon receipt of such notice,
the City shall forward to the District Court having venue a copy of
the citation and the intention to stand trial.
The City shall not conduct any formal hearing unless so specified
by specific ordinance for those persons in receipt of a citation of
infraction. Any offender so cited may pay the fine as indicated or
elect to stand trial for the offense. This provision shall not prevent
an offender from requesting, either personally or through an attorney,
additional information concerning the infraction.
If a person receiving a citation for an infraction fails to
pay the fine for the infraction by the day of payment set forth on
the citation and fails to file a notice of the person's intention
to stand trial for the offense, a formal notice of the infraction
shall be sent to the offender's last-known address. If the citation
has not been satisfied within 20 calendar days from the date of notice,
the offender shall be liable for an additional fine not to exceed
twice the original fine. If after 30 days the citation has not been
satisfied, the City may request adjudication of the case through the
District Court, including the filing of a demand for judgment on affidavit.
The District Court shall promptly schedule the case for trial and
summon the defendant to appear. If the defendant fails to respond
to such summons, the City may request entry of judgment against the
defendant in favor of the City in the amount then due if proper demand
for judgment on affidavit is made.
If any person shall be found by the District Court to have committed
a municipal infraction:
A.
The City may request the District Court to order the person to pay the fine, including any doubling of the fine, not to exceed the limits under § 110-2 of this chapter;
B.
The person shall be liable for the costs of the proceedings in the
District Court; and
C.
The City may request the court to order the person to abate the infraction
or enter an order permitting the City to abate such infraction at
the person's expense; and
D.
The fines imposed shall constitute a judgment in favor of the City;
and
E.
If the fine remains unpaid for 30 days following the date of its
entry, the City may enforce the judgment in the same manner and to
the same extent as other civil judgments for money unless the court
has suspended or deferred the payment of the fine.
A.
If the City abates an infraction pursuant to an order of the District
Court, the City shall present the defendant with a bill for the cost
of abatement by:
B.
If the defendant does not pay the bill within 30 days after presentment,
the City may move the District Court to enter a judgment against the
defendant for the cost of abatement.
