PARRIS N. GLENDENING, Governor

Ch. 455

(I) SIGNIFICANTLY AFFECTS OTHER RESIDENTS OF THE
NEIGHBORHOOD

(II) NEGATIVELY -----IMPACTS DIMINISHES THE VALUE OF

NEIGHBORING PROPERTY; AND

(III) 1. IS INJURIOUS TO PUBLIC HEALTH, SAFETY, OR WELFARE
OF NEIGHBORING RESIDENTS; OR

2. OBSTRUCTS THE REASONABLE USE OF OTHER PROPERTY
IN THE NEIGHBORHOOD.

(B)     THIS SECTION ONLY APPLIES TO A NUISANCE LOCATED WITHIN THE
BOUNDARIES OF BALTIMORE CITY.

(C)     (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, A
COMMUNITY ASSOCIATION MAY SEEK INJUNCTIVE AND OTHER EQUITABLE RELIEF
IN THE CIRCUIT COURT FROM FOR ABATEMENT OF A A NUISANCE UPON SHOWING:

(I)       THE DEFENDANT HAD NOTICE OF THE EXISTENCE OF THE
NUISANCE OR THAT THE COMMUNITY ASSOCIATION MADE REASONABLE ATTEMPTS
TO NOTIFY A DEFENDANT OF THE EXISTENCE OF THE NUISANCE NOTICE
REQUIREMENTS OF THIS SUBSECTION HAVE BEEN SATISFIED; AND

(II)     THE NUISANCE HAS NOT BEEN ABATED.

(2)      (I) AN ACTION MAY NOT BE BROUGHT UNDER THIS SECTION
BASED ON A VIOLATION OF A LOCAL CODE NUISANCE UNTIL 60 DAYS AFTER THE
COMMUNITY ASSOCIATION GIVES NOTICE OF THE VIOLATION AND OF THE
COMMUNITY ASSOCIATIONS INTENT TO BRING AN ACTION UNDER THIS SECTION BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE APPLICABLE LOCAL
ENFORCEMENT AGENCY.

(II) AN ACTION UNDER THIS SECTION MAY NOT BE BROUGHT IF THE
APPLICABLE CODE ENFORCEMENT AGENCY HAS FILED AN ACTION FOR EQUITABLE
RELIEF FROM THE NUISANCE.

(3)      (I) AN ACTION MAY NOT BE BROUGHT UNDER THIS SECTION
CONCERNING COMMERCIAL PROPERTY UNTIL 75 60 DAYS AFTER THE TENANT, IF
ANY, AND OWNER OF RECORD RECEIVE NOTICE FROM THE COMMUNITY
ASSOCIATION THAT A NUISANCE EXISTS AND THAT LEGAL ACTION MAY BE TAKEN
IF THE NUISANCE IS NOT ABATED.

(II) THE NOTICE SHALL SPECIFY:

1. THE NATURE OF THE ALLEGED NUISANCE;

2. THE DATE AND TIME OF DAY THE NUISANCE WAS FIRST
DISCOVERED; AND

2. 3. THE LOCATION ON THE PROPERTY WHERE THE
NUISANCE IS ALLEGEDLY OCCURRING; AND

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