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Session Laws, 1970
Volume 695, Page 2818   View pdf image
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2818                               Municipal Charters

if his water supply is polluted by the said earth pit, cesspool or other
receptacle or contrivance. If, upon "such investigation, such private water
supply shall be found to be polluted by said cesspool, earth pit, or other
receptacle or contrivance, the Board of Health, the County Health Officer,
SANITARIAN or his representative, shall order, in accordance with the
procedures for notice and hearing in Section 12.211 of this subtitle, the
use of such cesspool, earth pit or other receptacle or contrivance dis-
continued.

12.209—Nuisances—Injunction Against

Nothing in this subtitle shall be construed as limiting or qualifying
the right of the said Board of Health, or County Health Officer, SAN-
ITARIAN or his representative, to maintain proceedings in equity to
enjoin the commission, maintenance or continuance of nuisances of any
kind affecting health.

12.210—Effect of Public General Laws

Nothing in provisions of this subtitle relating to the preservation
of the public health in Howard County shall be taken as in any wise
repealing or as in substitution for any provisions of the Public General
Laws relating to health, except and only insofar as any of the foregoing
sections are inconsistent therewith.

12.211—Remedies of the Health Officer and His Representative

In carrying out the provisions of this subtitle, if the County Health
Officer, SANITARIAN or his representative, is refused the right of
entry to any premises upon which he has probable cause or reason to
believe that violations of this subtitle exist, he may apply to any judge
of the People's Court for Howard County or the Circuit Court for Howard
County for a warrant to search and investigate the specific conditions
which may endanger the public health, safety or welfare. In the event
an unhealthy nuisance or other condition dangerous to health is found
to exist the said County Health Officer, SANITARIAN or his representative,
shall cause to be served a notice in writing to the person, firm or corporation
by whose act, default, or sufferance, the unhealthy nuisance or other con-
dition dangerous to health exists requiring the person, firm or corporation
to abate said nuisance within a reasonable time which shall be not less
than ten (10) days nor more than thirty (30) days from the date of
notice, or to apply to the Executive Secretary of the Board of Health
for a hearing within ten (10) days from the date of the notice The
Executive Secretary shall promptly schedule a hearing which shall be
held not more than thirty (30) days after the application for hearing
is filed. Any person, firm or corporation refusing or neglecting to comply
with the requirements in any notice of the County Health Officer, SAN-
ITARIAN or his representative, issued under the provisions of this sub-
title, or subsequently failing to comply with a directive of the Board
of Health after hearing, shall be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be fined not less than Five Dollars ($5.00)
nor more than One Hundred Dollars $100.00) or be imprisoned, in the
discretion of the Court for not more than thirty (30) days; except as
other penalties for specific offenses may have been set forth in other pro-
visions of this subtitle. Upon refusal or neglect by the person to whom
such notice is given to either comply with the notice or to request a
hearing before the Board of Health or to comply with a directive after
hearing of the Board of Health thereon, the County Health Officer, SAN-
ITARIAN or his representative, may serve upon such person a summons

 

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Session Laws, 1970
Volume 695, Page 2818   View pdf image
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