Ch. 373                                    2003 LAWS OF MARYLAND

(2)      (I) WHEN MAKING A DETERMINATION REGARDING THE
EXISTENCE, IMMINENCE, AND GRAVITY OF A STATE OF NUISANCE, THE SECRETARY
SHALL CONSULT APPROPRIATE EXPERTS AND ANY OTHER AVAILABLE SCIENTIFIC
RESOURCES.

(II) THE DEPARTMENT SHALL INVESTIGATE AND DETERMINE, TO
THE EXTENT POSSIBLE, THE PERSON WHO IS CAUSING OR HAS CAUSED THE STATE
OF NUISANCE.

(3)      (I) THE DEPARTMENT MAY SEIZE A NUISANCE ORGANISM THAT
HAS CREATED OR WILL FORESEEABLY CREATE A STATE OF NUISANCE.

(II) THE DEPARTMENT MAY DISPOSE OF A SEIZED NUISANCE
ORGANISM IN ANY MANNER DEEMED APPROPRIATE.

(D) (1) IF THE SECRETARY FINDS THAT A STATE OF NUISANCE EXISTS BUT
DOES NOT PRESENT AN IMMINENT DANGER TO THE HEALTHY BALANCE OF AN
ECOSYSTEM, THE SECRETARY SHALL SERVE A WRITTEN NOTICE TO THE PERSON
WHO IS CAUSING DETERMINED TO HAVE CAUSED THE STATE OF NUISANCE AND
ORDER THE PERSON TO ABATE THE STATE OF NUISANCE WITHIN A TIME SPECIFIED
IN THE NOTICE.

(2)      THE NOTICE SHALL BE SERVED:

(I)      ON THE PERSON WHO IS CAUSING DETERMINED TO HAVE
CAUSED THE STATE OF NUISANCE; OR

(II)     IF THE PERSON WHO IS CAUSING DETERMINED TO HAVE
CAUSED THE STATE OF NUISANCE CANNOT BE FOUND, ON THE OWNER OR
OCCUPANT OF THE PROPERTY PROPERTY:

1. WHERE THE STATE OF NUISANCE EXISTS; OR

2. THAT MUST BE ENTERED TO ACCESS OR ABATE THE
STATE OF NUISANCE.

(3)      IF THE PERSON SERVED WITH THE NOTICE UNDER PARAGRAPH (2)(I)
OF THIS SUBSECTION FAILS TO COMPLY WITH THE REQUIREMENTS OF THE NOTICE
OR IF THE PERSON COMPLIES BUT THE STATE OF NUISANCE IS LIKELY TO RECUR ON
THE SAME PROPERTY, THE SECRETARY MAY FILE A COMPLAINT IN THE CIRCUIT
COURT FOR THE COUNTY WHERE THE STATE OF NUISANCE EXISTS.

(4)      A COMPLAINT FILED UNDER PARAGRAPH (3) OF THIS SUBSECTION
MAY SEEK A COURT ORDER REQUIRING THE PERSON SERVED WITH THE NOTICE TO:

(I)      COMPLY WITH THE REQUIREMENTS OF THE SECRETARY'S
ABATEMENT NOTICE;

(II)     ABATE THE STATE OF NUISANCE WITHIN A TIME SPECIFIED IN
THE ORDER; OR

(III)   PREVENT THE STATE OF NUISANCE FROM RECURRING.

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