|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VETOES
|
|
|
|
|
H.B. 921
|
|
|
|
|
|
|
|
|
|
|
|
|
|
[(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
(II) THE PROPERTY BE demolished if the property is unfit for
habitation and the estimated cost of rehabilitation significantly exceeds the estimated
market value of the property after rehabilitation.
(3) IF AN OWNER-OCCUPANT FAILS TO COMPLY WITH AN ORDER UNDER
SUBSECTION (G) OF THIS SECTION REGARDING A NUISANCE IN THE
OWNER-OCCUPIED UNIT OF THE PROPERTY, AFTER A HEARING THE COURT MAY, IN
ADDITION TO ISSUING A CONTEMPT ORDER OR AN ORDER FOR ANY OTHER RELIEF,
ORDER THAT:
(I) THE OWNER-OCCUPIED UNIT BE VACATED WITHIN 72 HOURS;
AND
(II) THE OWNER-OCCUPIED UNIT REMAIN UNOCCUPIED FOR A
PERIOD NOT TO EXCEED 1 YEAR OR UNTIL THE PROPERTY IS SOLD IN AN ARM'S
LENGTH TRANSACTION.
[(g)] (I) Except as provided in [subsection (f)(1) and (4)] PARAGRAPH (G)(2) of
this section, the court may order appropriate relief under [subsections (e) and (f)]
SUBSECTION (G) of this section without proof that a defendant knew of the existence
of the nuisance.
[(h)] (J) In any action brought under this section:
(1) Evidence of the general reputation of the property is admissible to
corroborate testimony based on personal knowledge or observation, or evidence seized
during the execution of a search and seizure warrant, but shall not, in and of itself, be
sufficient to establish the existence of a nuisance under this section; and
- 4300 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
