WILLIAM DONALD SCHAEFER, Governor                   Ch. 306

(II)  TO ABATE THE NUISANCE WITHIN A TIME
SPECIFIED IN THE ORDER.

(III)  TO PREVENT THE NUISANCE FROM RECURRING.
20-308.

(A)  (1) IF, AFTER INVESTIGATION, THE SECRETARY FINDS THAT
ANY OF THE FOLLOWING CONDITIONS EXISTS, THE PLACE OR THING AS TO
WHICH THE CONDITION EXISTS IS IN A STATE OF NUISANCE:

(I)  THE CONTENTS OVERFLOW OR LEAK FROM AN
OUTHOUSE, A WATER CLOSET, A SEPTIC TANK, OR A CESSPOOL AND
PRESENT A HAZARD TO PUBLIC HEALTH.

(II)  AN OUTHOUSE, A WATER CLOSET, OR A CESSPOOL
IS NOT FLYTIGHT AND WATERTIGHT AND PRESENTS A HAZARD TO PUBLIC
HEALTH.

(2) THE SECRETARY SUMMARILY MAY ABATE ANY CONDITION
THAT IS IN A STATE OF NUISANCE UNDER THIS SUBSECTION.

(B)  BEFORE SUMMARILY ABATING A NUISANCE UNDER THIS SECTION,
THE SECRETARY SHALL:

(1)  SERVE AN ABATEMENT ORDER ON THE OWNER OF THE
PROPERTY WHERE THE NUISANCE EXISTS OR, IF THE OWNER CANNOT BE
FOUND, ON THE OCCUPANT OR TENANT OF THE PROPERTY; OR

(2)  IF THE PROPERTY IS UNOCCUPIED AND THE OWNER
CANNOT BE FOUND, ATTACH AN ABATEMENT ORDER TO THE PROPERTY WHERE
THE NUISANCE EXISTS.

(C)  (1) THE ABATEMENT ORDER SHALL REQUIRE AND STATE:

(I)  A TIME PERIOD WITHIN WHICH THE OWNER,
OCCUPANT, OR TENANT OF THE PROPERTY WHERE THE NUISANCE EXISTS
SHALL ABATE THE NUISANCE; AND

(II)  THE WORK AND MATERIALS NECESSARY TO ABATE
THE NUISANCE.

(2) THE TIME PERIOD WITHIN WHICH TO ABATE THE
NUISANCE MAY NOT BE LESS THAN 24 HOURS NOR MORE THAN 5 DAYS FROM
THE DATE AND HOUR THAT THE ORDER IS SERVED.

(D)  (1) IF THE OWNER, OCCUPANT, OR TENANT SERVED WITH AN
ABATEMENT ORDER FAILS TO ABATE OR ONLY PARTIALLY ABATES THE
NUISANCE WITHIN THE TIME SPECIFIED IN THE ORDER, THE SECRETARY OR
A REPRESENTATIVE OF THE SECRETARY SHALL:

(I) ENTER ON THE PROPERTY; AND

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