Ch. 306

LAWS OF MARYLAND

20-307.

(A)  ON THE WRITTEN COMPLAINT OF 2 PHYSICIANS OR OF AT LEAST
3 PERSONS WHO CLAIM TO BE AFFECTED BY THE CONDITION, THE
SECRETARY SHALL INVESTIGATE ANY COMPLAINT THAT ANY OF THE
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)  (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)  (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.

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