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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1822   View pdf image (33K)
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1822 ARTICLE 43

and water-tight, and shall also find on said premises the disease of cholera,
typhoid or typhus fever, hookworm, dysentery or parasitic disease/of the
bowels, then such premises, surface privy, privy-pit, water-closet or cesspool,
as the case may be, shall be deemed in a state of nuisance and liable to sum-
mary abatement by the State Board of Health.

An: Code, 1924, sec. 107. 1912, sec. 106B. 1917, ch. 36.

108. Before proceeding to. the summary abatement of any nuisance as
described in Section 107, the State Board of Health, its officers and agents,
shall cause to be served an order on the owner of the premises, where such
nuisance exists, or if Such owner cannot be found, then on the occupant or
tenant, or if the premises be unoccupied and the owner cannot be found,
then said order to be attached to the property, requiring the abatement of
said nuisance within not less than twenty-four hours nor more than five
days from the date and hour of the service of said order, and in such order
the State Board of Health, its officers and agents, shall set forth what work,
materials and things shall be necessary to abate such nuisance.

An. Code, 1924, sec. 108. 1912, sec. 106C. 1917, ch. 36.

109. If the said nuisance is not abated, or if it is only partially abated,
in accordance with the order of the State Board of Health, its officers or
agents, within the time specified in said notice, then the State Board of
Health, its officers and agents, are authorized and directed to enter upon
such premises in this State and abate the nuisance at the cost and expense
of the owner, occupier or tenant of the premises; and they shall have power
to do such work, and to use such materials' and things as may be necessary to
effectually abate the same; provided, however, that in each and every case,
the cost of abating such nuisance shall not exceed the sum of fifty dollars.

An. Code, 1924, sec. 109. 1912, sec. 106D. 1917, ch. 36.

110. If the cost and expense of abating any such nuisance is not paid
to the State Board of Health by the person liable therefor within sixty
days (60) after the abatement thereof, then the State Board of Health
shall file a suit, in its name, before a Justice of the Peace in the County
where the nuisance was abated, or before the People's Court of Baltimore
City, as the case may be, against the owner, occupier or tenant of the
property and premises where said nuisance existed, and said Court shall
have authority to proceed to judgment, either upon trial had after service
of the writ, or ex parte, after the return of two non ests, as the case may be.

An. Code, 1924, sec. 110. 1912, sec. 106E. 1917, ch. 36.

111. After final judgment in favor of the State Board of Health, it
shall file a certified copy of the same with the County Commissioners in
the County where such judgment is obtained, or with the Mayor and City
Council of Baltimore City, as the case may be, which judgment shall be a
lien upon the property of the defendant, to be collected by the said County
Commissioners, or the said Mayor and City Council, as the case may be, in
the same way as taxes on real property are now collected; the said lien to
bear interest at the rate of six per centum from the date of judgment and
to include the costs of the trial, and it shall not be subject to discount or
abatement of any kind, nor shall said Commissioners or the Mayor and
City Council of Baltimore City so collecting the same be entitled to make
any charge for such collection.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1822   View pdf image (33K)
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