Ch. 552

1997 LAWS OF MARYLAND

(5) IF THE DEFENDANT FAILS TO COMPLY WITH ANY ORDER OF THE
COURT, THE COURT MAY HOLD THE DEFENDANT IN CONTEMPT UNDER MARYLAND
RULE P4 RULES 15-205 AND 15-206 AND MAY ENFORCE THE ORDER UNDER
MARYLAND RULE 3-648.

(M) (1) IF THE CITY ABATES A VIOLATION PURSUANT TO AN ORDER OF THE
DISTRICT COURT, THE CITY SHALL PRESENT THE DEFENDANT WITH A BILL FOR THE
COST OF ABATEMENT BY:

(I) REGULAR MAIL TO THE DEFENDANTS LAST KNOWN ADDRESS;

OR

(II) ANY OTHER MEANS THAT ARE REASONABLY CALCULATED TO
BRING THE BILL TO THE DEFENDANT'S ATTENTION.

(2) IF THE DEFENDANT DOES NOT PAY THE BILL WITHIN 30 DAYS AFTER
PRESENTMENT, THE CITY MAY FILE A MOTION WITH THE DISTRICT COURT FOR
ENTRY OF A JUDGMENT AGAINST THE DEFENDANT FOR THE COST OF THE
ABATEMENT.

(3) ON THE FILING OF A MOTION UNDER THIS SUBSECTION, THE
DEFENDANT SHALL BE GIVEN PROPER NOTICE AND AN OPPORTUNITY FOR A
HEARING IN ACCORDANCE WITH THE MARYLAND RULES.

(N) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF A
DEFENDANT FAILS TO PAY ANY FINE OR COST IMPOSED BY THE DISTRICT COURT IN
AN ACTION FOR A VIOLATION SUBJECT TO CIVIL PENALTIES, THE DISTRICT COURT
MAY PUNISH THE FAILURE AS CONTEMPT OF COURT.

(2) A MONEY JUDGMENT FOR MUNICIPAL LIENS OR ABATEMENT OR
ENFORCEMENT EXPENSES MAY NOT BE ENFORCED BY CONTEMPT.

(O) IN ANY PROCEEDING FOR A VIOLATION SUBJECT TO CIVIL PENALTIES:

(1) THE DISTRICT COURT SHALL APPLY THE EVIDENTIARY STANDARDS
AS PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF CIVIL CAUSES, EXCEPT IT
SHALL BE THE BURDEN OF THE CITY TO PROVE BY CLEAR AND CONVINCING
EVIDENCE THAT THE DEFENDANT HAS COMMITTED A VIOLATION FOR WHICH
IMPOSITION OF A CIVIL FINE IS SOUGHT:

(2) THE DISTRICT COURT SHALL ENSURE THAT THE DEFENDANT HAS
RECEIVED A COPY OF THE CITATION AND THAT THE DEFENDANT UNDERSTANDS
THE ALLEGATIONS CONTAINED IN THE CITATION;

(3) IF A DEFENDANT HAS NOT REQUESTED THE PRESENCE OF THE
ISSUING ENFORCEMENT OFFICER, AND THE ISSUING OFFICER IS NOT PRESENT, A
CIVIL CITATION SWORN TO OR AFFIRMED BY THE OFFICER SHALL BE CONSIDERED
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED IN THE CIVIL CITATION; AND

(4) THE DEFENDANT MAY ADMIT OR DENY A VIOLATION, AND THE
COURT SHALL ENTER JUDGMENT FOR THE DEFENDANT OR THE CITY.

- 3034 -