WILLIAM DONALD SCHAEFER, Governor Ch. 246

DEPARTMENT OF PLANNING AND ZONING COUNTY COMMISSIONERS OR
THEIR DESIGNEE ANY OF THE CONDITIONS UNDER §-85-4 § 85-2 OF THIS
CHAPTER ON RESIDENTIAL PROPERTY ZONED FOR RESIDENTIAL USE
BECOME A NUISANCE OR AFFECT THE PUBLIC HEALTH AND COMFORT
OF RESIDENTS OF THE COUNTY, THE DIRECTOR OF THE DEPARTMENT
OF PLANNING AND ZONING COUNTY COMMISSIONERS OR THEIR
DESIGNEE SHALL ISSUE A COMPLAINT TO THE OWNER OF THE
RESIDENTIAL PROPERTY:

(1) STATING THE CHARGES ALLEGED; AND

(2) CONTAINING A NOTICE THAT A HEARING WILL BE HELD
BEFORE THE DIRECTOR COUNTY COMMISSIONERS OR THEIR DESIGNEE
NOT LESS THAN FOUR DAYS NOR MORE THAN 30 DAYS AFTER THE
SERVING OF THE COMPLAINT.

(B) THE OWNER OF THE RESIDENTIAL PROPERTY SUBJECT TO A
COMPLAINT UNDER SUBSECTION (A) OF THIS SECTION AND OTHER
PARTIES IN INTEREST TO THE PROPERTY SHALL HAVE THE RIGHT:

(1) TO FILE AN ANSWER TO THE COMPLAINT; AND

(2) TO ' APPEAR IN PERSON OR OTHERWISE AND GIVE
TESTIMONY AT THE HEARING.

(C) THE MARYLAND RULES OF PROCEDURE DO NOT APPLY AND
ARE NOT CONTROLLING IN HEARINGS UNDER THIS SECTION.

££} IF THE OWNER OF THE RESIDENTIAL PROPERTY OR ANY
OTHER PARTY IN INTEREST DOES NOT APPEAR AT THE HEARING, THE
OWNER AND OTHER PARTY:

(±) ARE IS IN DEFAULT; AND

(5) ARE IS NOT ENTITLED TO FURTHER NOTICE OF THE
PROCEEDINGS ON THE PROPERTY.

(fi) (P) IF, AFTER NOTICE AND HEARING, THE DIRECTOR OF THE
DEPARTMENT OF PLANNING AND ZONING COUNTY COMMISSIONERS OR
THEIR DESIGNEE DETERMINES DETERMINE THAT ANY OF THE
CONDITIONS UNDER CONSIDERATION ARE IN VIOLATION OF THE
PROVISIONS OF § 85 1 §85-2 OF THIS CHAPTER EXIST ON THE RESIDENTIAL
PROPERTY, THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND
ZONING COUNTY COMMISSIONERS OR THEIR DESIGNEE SHALL:

(1) STATE IN WRITING THE FINDINGS OF FACT THAT SUPPORT
THE DETERMINATION OF THE DIRECTOR COUNTY COMMISSIONERS OR
THEIR DESIGNEE; AND

(2) ORDER THE OWNER OF THE RESIDENTIAL PROPERTY,

- 917 -