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Session Laws, 1987
Volume 769, Page 1461   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 306

(3)  OUTHOUSES; AND

(4)  ANY SANITARY FEATURE CONNECTED WITH ANY OF THESE.

20-304.

THE SECRETARY MAY ENTER ON AND INSPECT ANY PRIVATE PROPERTY
TO DETERMINE WHETHER A NUISANCE EXISTS.

20-305.

THE SECRETARY MAY BRING AN ACTION TO ENJOIN ANY PERSON FROM
COMMITTING ANY NUISANCE SUBJECT TO THIS TITLE.

PART II. NUISANCE ABATEMENT

20-306.

(A)  THE HEALTH OFFICER FOR EACH COUNTY:

(1)  MAY INVESTIGATE ANY CONDITION IN THE COUNTY THAT
IS DANGEROUS TO HUMAN HEALTH; AND

(2)  SHALL INVESTIGATE AND REPORT ON THE SANITARY
CONDITIONS OF SCHOOLS, PLACES OF BUSINESS, AND PLACES OF
EMPLOYMENT IN THE COUNTY.

(B)  EXCEPT IN BALTIMORE COUNTY, ON THE WRITTEN COMPLAINT OF
A PHYSICIAN OR OF AT LEAST 2 PERSONS WHO CLAIM TO BE AFFECTED BY
THE CONDITION, THE HEALTH OFFICER FOR THE COUNTY WHERE THE
CONDITION ALLEGEDLY EXISTS IMMEDIATELY SHALL INVESTIGATE ANY
COMPLAINT THAT ANY OF THE FOLLOWING IS IN A CONDITION 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 ANY SUBSTANCE.

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

(E)  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.

- 1461 -

 

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Session Laws, 1987
Volume 769, Page 1461   View pdf image
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