|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor Ch. 501
[(1)] (2) Notwithstanding any other provision of law, and in addition to
or as a component of any remedy ordered under [subsection (e)] PARAGRAPH (1) of
this [section] SUBSECTION, the court[, after a hearing,] may order:
(I) [a] A tenant who knew or should have known of the existence of
the nuisance to vacate the property within 72 hours; OR
(II) AN OWNER OR OPERATOR OF THE PROPERTY TO SUBMIT FOR
COURT APPROVAL A PLAN OF CORRECTION TO ENSURE, TO THE EXTENT
REASONABLY POSSIBLE, THAT THE PROPERTY WILL NOT AGAIN BE USED FOR A
NUISANCE IF:
1. THE OWNER OR OPERATOR IS A PARTY TO THE ACTION;
AND
2. THE OWNER OR OPERATOR KNEW OR SHOULD HAVE
KNOWN OF THE EXISTENCE OF THE NUISANCE.
(H) [(2)] (1) (I) [The] IF A TENANT FAILS TO COMPLY WITH AN ORDER
UNDER SUBSECTION (G) OF THIS SECTION AND THE OWNER OR OPERATOR, AND
TENANT, ARE PARTIES TO THE ACTION, THE court, after a hearing, may [grant a
judgment of] ORDER restitution [or] OF the possession of THE [rental] property to
the owner OR OPERATOR [if:
(i) The owner and tenant are parties to the action; and
(ii) A tenant has failed to obey an order under subsection (e) of this
section or paragraph (1) of this subsection].
[(3)] (II) If the court orders restitution of the possession of the
property under SUBPARAGRAPH (I) OF THIS paragraph [(2) of this subsection], the
court shall immediately issue its warrant to the sheriff or constable commanding
execution of the warrant within 5 days after issuance of the warrant.
[(4) In addition to or as a part of any injunction, restraining order, or
other relief ordered, the court may order the owner of the property to submit for court
approval a plan of correction to ensure, to the extent reasonably possible, that the
property will not again be used for a nuisance if:
(i) The owner is a party to the action; and
(ii) The owner knew or should have known of the existence of the
nuisance.]
[(5)] (2) If an owner, INCLUDING AN OWNER-OCCUPANT, fails to comply
with an order [to abate a nuisance] UNDER SUBSECTION (G) OF THIS SECTION, after
a hearing the court may, in addition to ISSUING A CONTEMPT ORDER OR AN ORDER
FOR any other relief [granted], order that:
(I) [the] THE property be SOLD, AT THE OWNER'S EXPENSE, IN
ACCORDANCE WITH THE MARYLAND RULES GOVERNING JUDICIAL SALES; OR
- 2935 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
