|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 301
|
|
|
|
|
2000 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
(h) In any action brought under this section:
(1) Evidence of the general reputation of the property is admissible to
corroborate testimony based on personal knowledge or observation, or evidence seized
during the execution of a search and seizure warrant, but shall not, in and of itself, be
sufficient to establish the existence of a nuisance under this section; and
(2) Evidence that the nuisance had been discontinued at the time of the
filing of the complaint or at the time of the hearing does not bar the imposition of
appropriate relief by the court under subsections (e) and (f) of this section.
(i) The court may award court costs and reasonable attorney's fees to a
[community association that is the] prevailing plaintiff in an action brought under
this section.
(j) An action under this section shall be heard within 14 days after service of
process on the parties.
(k) This section does not abrogate any equitable or legal right or remedy under
existing law to abate a nuisance.
(1) (1) An appeal from a judgment or order under this section shall be filed
within 10 days after the date of the order or judgment.
[(2) (i) Upon motion of either party, the circuit court shall set a date for
the hearing of the appeal, which shall be not less than 5 or more than 15 days after
the date the motion is filed.
(ii) Notice of the order for a hearing shall be served on the opposite
party or the party's attorney at least 20 days before the hearing.]
(2) IF EITHER PARTY FILES A REQUEST FOR ORAL ARGUMENT, THE
COURT SHALL HEAR THE ORAL ARGUMENT WITHIN 7 DAYS AFTER THE REQUEST IS
FILED.
(3) (I) IF THE APPELLANT FILES A REQUEST FOR ORAL ARGUMENT,
THE REQUEST SHALL BE FILED AT THE TIME OF THE FILING OF THE APPEAL.
(II) IF THE APPELLEE FILES A REQUEST FOR ORAL ARGUMENT,
THE REQUEST SHALL BE FILED WITHIN 2 DAYS OF RECEIVING NOTICE OF THE
APPEAL.
(M) PROVISIONS OF THE REAL PROPERTY ARTICLE OR PUBLIC LOCAL LAWS
APPLICABLE TO ACTIONS BETWEEN A LANDLORD AND TENANT ARE NOT
APPLICABLE TO ACTIONS BROUGHT AGAINST A LANDLORD OR A TENANT UNDER
THIS SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2000.
|
|
|
|
|
|
|
|
Approved May 11, 2000.
|
|
|
|
|
|
|
- 1758 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|