"Padlock Law":  Premises may be Ordered Closed Because of Public Nuisance

(Baltimore City Code, Article 19, Sections 232A-238)

FOR LAWS SPECIFIC TO THE STATE OF MARYLAND REFER TO MARYLAND CODE, REAL PROPERTY

This law is enforced by the Baltimore City Police Commissioner.

A "public nuisance" is any premises where: 1)  violations of the laws relating to prostitution and lewdness, controlled dangerous substances, gambling, or criminal possession of stolen property are occurring; 2)  violations of those laws have occurred on at least 2 occasions within a 24-month period; and 3) the violations resulted in at least 2 criminal convictions. The second conviction constitutes prima facie evidence that the public nuisance exists.

Before issuing any order, the Police Commissioner must notify the owner, tenant, mortgagee, etc., and must hold a public hearing.  If the Commissioner determines that a public nuisance exists, he has the authority to order the criminal activity stopped or to order the premises closed for as long as necessary to abate the nuisance, up to a maximum period of one year.  Interested persons must be notified of the issuance of an order, and the order must be posted on the property.  After an order has been posted for 10 days, the Commissioner may enforce it.

The fact that the owner, lessor, tenant, mortgagee, or other interested person did not know about or did not agree to or participate in the activity constituting the public nuisance, is not a sufficient cause to set aside the Commissioner's order.

An order of the Commissioner may be vacated if an interested person posts a bond in an amount not more than the assessed value of the premises, up to $1,000,000, and submits adequate proof that the nuisance has been abated and will not take place on the premises during the period of the ordered closing.

The Police Commissioner is required to issue rules to implement this law, including a procedure for informing the owner or agent of premises of any arrest or conviction for violation of the laws governing prostitution and lewdness, controlled dangerous substances, gambling, or criminal possession of stolen property, occurring on the premises.

When a conviction described above occurs, or when the Police Commissioner has issued a closing order, the owner or agent may immediately terminate any tenancy on the premises.  If the tenant or other occupant does not leave, the owner or agent may use the conviction order in an action brought under the laws relating to a tenant holding over, a tenant at will, or a tenant who has breached the lease.

Removing or defacing a posted order is a misdemeanor punishable by a fine of up to $300 or imprisonment for up to 30 days, or both.  Intentionally disobeying a proper order of the Commissioner, or using or permitting another person to use premises that have been ordered closed, is a misdemeanor punishable by a fine of $1,000 or imprisonment for up to 1 year, or both.  Each day that this violation continues is a separate offense.

Anyone aggrieved by an act of the Commissioner may appeal to the Circuit Court as may be provided by law.

Last date legally reviewed: April, 2001 - BNI

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.

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