Bel Air board receives ordinance to authorize recoupment of legal costs for code enforcement cases

On July 21 the Bel Air Board of Town Commissioners received Ordinance 8 44-25, amending Town Code Chapter 50, Article 1, Section 50‑3 to create a statutory basis for the town to recoup costs and expenses incurred in enforcement actions for development regulation violations, public nuisances, and similar matters. The board unanimously received the ordinance and scheduled a public hearing for Aug. 18.

Staff said the changes respond to recent litigation threats and filings in Harford County and to inconsistencies in the town code regarding the town’s ability to recover legal and abatement costs. "Maryland law permits recoupment of litigation expenses through the legislative enactments," a staff member said, explaining the ordinance would provide uniform statutory authority for recoupment of costs and expenses if litigation becomes necessary.

Commissioners asked how amounts and fees are determined. Staff explained the court assesses attorney’s fees and court costs under Maryland law using a reasonableness standard, including hourly rates; the town submits its bill and the court determines what is recoverable. Staff also explained that if a case is settled before trial, the town typically cannot recover attorney fees absent a showing of bad faith, so the ordinance’s primary effect is to create clear legislative authority for recovery when a court awards fees.

No members of the public commented during the meeting. The vote to receive the ordinance was: Commissioner Rutledge, Aye; Commissioner Chismar, Aye; Commissioner Taylor, Aye; Commissioner Chance, Aye; Chair Eddington, Aye.