HARRY HUGHES, Governor

2439

FOLLOWING IS IN A CONDITION THAT INJURES ANY ADJACENT
PROPERTY OR THAT IS DANGEROUS TO HUMAN HEALTH:

(1)  ANY WATERCOURSE, WELL, SPRING, OPEN DITCH,
GUTTER, CESSPOOL, DRAIN, OUTHOUSE, PIGPEN, OR OTHER PLACE.

(2)  ANY ACCUMULATION OR DEPOSIT OF OFFENSIVE OR
NOXIOUS MATTER.

(3)  ANY HOUSE, BUILDING, TRADES ESTABLISHMENT,
OR MANUFACTURING PLACE.

(4)  ANY WATER IN WHICH MOSQUITO LARVAE BREED.

(B)  ABATEMENT NOTICE.

(1)  IF THE SECRETARY FINDS THAT THE CONDITION OF
THE PLACE OR THING INVESTIGATED MAY INJURE ANY ADJACENT
PROPERTY OR MAY INJURE THE LIFE OR HEALTH OF ANY INDIVIDUAL,
THE PLACE OR THING IS IN A STATE OF NUISANCE AND THE
SECRETARY 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.

(2)  THE NOTICE SHALL BE SERVED:

(I)  ON THE PERSON WHO IS CAUSING THE
NUISANCE; OR

(II)  IF THE PERSON WHO IS CAUSING THE
NUISANCE CANNOT BE FOUND ON THE OWNER OR OCCUPANT OF THE
PROPERTY WHERE THE NUISANCE EXISTS.

(C)  FAILURE TO ABATE.

(1)  THE SECRETARY MAY FILE A COMPLAINT IN THE
CIRCUIT COURT FOR THE COUNTY WHERE THE NUISANCE EXISTS IF:

(I)  THE PERSON SERVED WITH THE NOTICE
FAILS TO COMPLY WITH THE REQUIREMENTS OF THE NOTICE; OR

(II)  ALTHOUGH THE PERSON SERVED COMPLIES
WITH THE REQUIREMENTS OF THE NOTICE, THE NUISANCE IS LIKELY
TO RECUR ON THE SAME PROPERTY.

(2)  A COMPLAINT FILED UNDER THIS SUBSECTION MAY
SEEK A COURT ORDER REQUIRING THE PERSON SERVED WITH THE
NOTICE TO DO ANY OR ALL OF THE FOLLOWING:

(I)  TO COMPLY WITH THE REQUIREMENTS OF THE
SECRETARY'S ABATEMENT NOTICE.

(II)  TO ABATE THE NUISANCE WITHIN A TIME
SPECIFIED IN THE ORDER.