2438

LAWS OF MARYLAND

Ch. 240

IF THE HEALTH OFFICER FINDS THAT THE CONDITION OF THE
PLACE OR THING INVESTIGATED MAY INJURE THE LIFE OR HEALTH OF
ANY PERSON, THE PLACE OR THING IS IN A STATE OF NUISANCE AND
THE HEALTH OFFICER SHALL SERVE A WRITTEN NOTICE TO THE
PERSON WHO IS CAUSING THE NUISANCE, ORDERING THE PERSON TO
ABATE THE NUISANCE WITHIN A TIME SPECIFIED IN THE NOTICE.

(D)  PROHIBITION.

A PERSON MAY NOT REFUSE OR NEGLECT TO COMPLY WITH THE
REQUIREMENTS OF A NOTICE SERVED UNDER THIS SECTION.

(E)  SECRETARY TO DECIDE QUESTIONS.

IF A QUESTION ARISES BETWEEN HEALTH OFFICERS AS TO THE
JURISDICTION OR DUTIES OF A HEALTH OFFICER IN THE ABATEMENT
OF ANY UNHEALTHY NUISANCE, THE QUESTION SHALL BE REFERRED TO
THE SECRETARY, WHO SHALL SETTLE THE QUESTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, §§ 49 and 50, except the penalty provisions
of those sections, and § 51E(a) and (h), as that
subsection related to schools, places of
business, and places of employment.

In this section and throughout this title,
"health officer" is substituted for "local board
of health", in conformity to apparent legislative
intent, for clarity.

In subsection (a) of this section, "investigate"
is substituted for "take cognizance of" for
clarity.

In subsection (a)(1) of this section, "condition
that is dangerous to human health" is substituted
for "unhealthy nuisances" for clarity and to
conform to other sections of this title.

In subsection (b)(1) of this section, "outhouse"
is substituted for the archaic term "privy pit".

In subsection (c) of this section, the word
"causing" is substituted for the phrase "act,
default or sufferance", for simplicity and
clarity.

10-202. INVESTIGATION AND NOTICE BY SECRETARY.

(A) INVESTIGATION.

ON THE WRITTEN COMPLAINT OF 2 PHYSICIANS OR OF AT LEAST
3 PERSONS WHO CLAIM TO BE AFFECTED BY THE CONDITION, THE
SECRETARY SHALL INVESTIGATE ANY COMPLAINT THAT ANY OF THE