PARRIS N. GLENDENING, Governor Ch. 482

(V) NUISANCES AND OTHER VIOLATIONS UNDER TITLE 22;

ZONING REGULATIONS ADOPTED UNDER TITLE 26, ARTICLE

IV; AND

(VII) SOLID WASTE PROVISIONS UNDER TITLE 32 TITLE 22
"NUISANCES" OF THE BALTIMORE COUNTY CODE 1988.

(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 NEGATIVELY IMPACTS THE

WELL-BEING OF OTHER RESIDENTS OF THE NEIGHBORHOOD; AND

(II) NEGATIVELY IMPACTS THE VALUE OF NEIGHBORING
PROPERTY; AND

(III) (II) 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 COUNTY.

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

(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 COUNTY CODE ENFORCEMENT AGENCY.

(II) AN ACTION UNDER THIS SECTION MAY NOT BE BROUGHT IF
THE APPLICABLE COUNTY 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 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, FROM THE
COMMUNITY ASSOCIATION THAT A NUISANCE EXISTS AND THAT LEGAL ACTION
MAY BE TAKEN IF THE NUISANCE IS NOT ABATED.

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