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PARRIS N. GLENDENING, Governor
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Ch. 301
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(e) The court may issue an injunction or order other equitable relief whether
or not an adequate remedy exists at law.
(f) (1) Notwithstanding any other provision of law, and in addition to or as a
component of any remedy ordered under subsection (e) of this section, the court, after
a hearing, may order a tenant [with knowledge] WHO KNEW OR SHOULD HAVE
KNOWN of the existence of the nuisance to vacate the property within 72 hours.
(2) The court, after a hearing, may grant a judgment of restitution or the
possession of [the] RENTAL property to the owner if:
(i) The owner and [lessee] TENANT are parties to the action; and
(ii) A tenant has failed to obey an order under subsection (e) of this
section or paragraph (1) of this subsection.
(3) If the court orders restitution of the possession of the property under
paragraph (2) of this subsection, the court shall immediately issue its warrant to the
sheriff or constable commanding execution of the warrant within 5 days after
issuance of the warrant.
(4) [The] IN ADDITION TO OR AS A PART OF ANY INJUNCTION,
RESTRAINING ORDER, OR OTHER RELIEF ORDERED, THE court may order the owner of
the property to submit for court approval a plan of correction to ensure, to the extent
reasonably possible, that the property will not again be used for a nuisance if:
(i) The owner is a party to the action; and
(ii) The owner knew OR SHOULD HAVE KNOWN OR SHOULD HAVE
KNOWN of the existence of the nuisance.
(5) IF AN OWNER FAILS TO COMPLY WITH AN ORDER TO ABATE A
NUISANCE, AFTER A HEARING THE COURT MAY, IN ADDITION TO ANY OTHER RELIEF
GRANTED, ORDER: THAT THE PROPERTY BE DEMOLISHED IF THE PROPERTY IS
UNFIT FOR HABITATION AND THE ESTIMATED COST OF REHABILITATION
SIGNIFICANTLY EXCEEDS THE ESTIMATED MARKET VALUE OF THE PROPERTY
AFTER REHABILITATION.
(I) THAT ALL TENANTS VACATE THE PROPERTY;
(II) THAT THE PROPERTY REMAIN UNOCCUPIED, CLEAN, AND
SECURE AGAINST ENTRY DURING THE LIFE OF THE ORDER;
(III) THAT THE PROPERTY BE REHABILITATED TO COMPLY WITH
APPLICABLE BUILDING CODES AND ORDINANCES; OR
(IV) THAT THE PROPERTY BE DEMOLISHED IF THE ESTIMATED
COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE ESTIMATED MARKET
VALUE OF THE PROPERTY AFTER REHABILITATION.
(g) Except as provided in subsection (f)(1) and (4) of this section, the court may
order appropriate relief under subsections (e) and (f) of this section without proof that
a defendant knew of the existence of the nuisance.
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- 1757 -
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