Ch. 454

1997 LAWS OF MARYLAND

(VI) SEWAGE DISPOSAL NUISANCES UNDER SUBTITLE 22, DIVISION
3, SUBDIVISION 3; AND

(VII) ABANDONED VEHICLES UNDER SUBTITLE 26, DIVISION 14.

(4) "NUISANCE" MEANS, WITHIN THE BOUNDARIES OF THE COMMUNITY
REPRESENTED BY THE COMMUNITY ASSOCIATION, AN ACT OR CONDITION
KNOWINGLY CREATED, PERFORMED, OR MAINTAINED ON PRIVATE PROPERTY
THAT CONSTITUTES A LOCAL CODE VIOLATION AND THAT:

(I) SIGNIFICANTLY AFFECTS OTHER RESIDENTS OF THE
NEIGHBORHOOD;

(II) NEGATIVELY IMPACTS 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 PRINCE GEORGE'S COUNTY.

(C) (1) A COMMUNITY ASSOCIATION MAY SEEK INJUNCTIVE AND OTHER
EQUITABLE RELIEF IN THE CIRCUIT COURT FOR ABATEMENT OF A NUISANCE UPON
SHOWING:

(I) THE NOTICE REQUIREMENTS UNDER PARAGRAPHS (2) AND (3)
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 NUISANCE UNTIL 60 DAYS AFTER THE COMMUNITY ASSOCIATION GIVES
NOTICE OF THE VIOLATION AND OF THE COMMUNITY ASSOCIATION'S 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
UNTIL 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;

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