2446

LAWS OF MARYLAND

Ch. 240

In subsection (a)(2) of this section, "outhouse"
is substituted for the archaic term "privy".

Also in subsection (a)(2) of this section, the

former parenthetical "commercial or private",

which modified "junkyard", is deleted as
unnecessary,

Also in subsection (a)(2) of this section,   the

former parenthetical "combustible or

noncombustible", which modified "trash", is
deleted as unnecessary.

In subsection (a)(3) of this section, the former
parenthetical "commercial or residential", which
modified "building", is deleted as unnecessary.

In subsection (b) of this section, "refuses or
neglects to comply with a notice or order to
abate a nuisance" is substituted for "fails to
abate a nuisance" to clarify the relationship
between this section and the other sections of
this title. This revision is called to the
attention of the General Assembly.

Also in subsection (b) of this section, the
former minimum penalty is deleted to conform to
the statement of legislative policy contained in
Article 27, § 643 of the Code, which sets forth
the general rule that, notwithstanding a
prescribed minimum penalty, the court
nevertheless may impose a lesser penalty of the
same character.

Former Article 43, § 104A(c), which dealt with
the duty of law enforcement officers to enforce
this section and of the State's attorney to
prosecute violators, is deleted as unnecessary.

The General Assembly may wish to consider
substituting "unkempt" for "unkept" in subsection
(a)(2) of this section. Although either word
would have meaning in the context of subsection
(a)(2) of this section, it seems likely that
"unkempt" may have been intended originally.

GENERAL REVISOR'S NOTE:

In revising this subtitle, the Commission to Revise the
Annotated Code deleted, as obsolete or otherwise
unnecessary, the following provisions, in addition to those
provisions noted in the revisor's notes to various sections
of this title.