ROBERT L. EHRLICH, JR., Governor                             Ch. 373

(5) (I) THIS PARAGRAPH APPLIES TO A PERSON SERVED WITH A
NOTICE UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION.

(II) 1. IF THE PERSON VOLUNTARILY ABATES THE STATE OF
NUISANCE WITHIN THE TIME SPECIFIED IN THE NOTICE, THE DEPARTMENT SHALL
REIMBURSE ALL REASONABLE COSTS OF ABATEMENT.

2. IF THE PERSON CONSENTS, THE DEPARTMENT MAY
ENTER THE PROPERTY AND, AT THE DEPARTMENT'S EXPENSE, DO ANY WORK AND
USE ANY MATERIALS NECESSARY TO ABATE THE STATE OF NUISANCE.

(III)   IF THE PERSON DOES NOT VOLUNTARILY ABATE THE STATE OF
NUISANCE WITHIN THE TIME SPECIFIED IN THE NOTICE AND REFUSES TO ALLOW
THE DEPARTMENT TO ENTER ON THE PROPERTY FOR THE PURPOSE OF ABATING
THE STATE OF NUISANCE, THE SECRETARY MAY FILE A COMPLAINT IN THE CIRCUIT
COURT FOR THE COUNTY WHERE THE STATE OF NUISANCE EXISTS.

(IV)  A COMPLAINT FILED UNDER SUBPARAGRAPH (III) OF THIS
PARAGRAPH MAY SEEK A COURT ORDER REQUIRING THE PERSON TO ALLOW THE
DEPARTMENT TO:

1. ENTER ON THE PROPERTY; AND

2. AT THE EXPENSE OF THE DEPARTMENT, DO ANY WORK
AND USE ANY MATERIALS NECESSARY TO ABATE THE STATE OF NUISANCE.

(V) IF THE DEPARTMENT ABATES A STATE OF NUISANCE UNDER
THIS PARAGRAPH, THE DEPARTMENT SHALL:

1. MAKE REASONABLE EFFORTS TO REPAIR ANY PROPERTY
DAMAGE CAUSED BY ABATEMENT ACTIVITIES; OR

2. REIMBURSE THE PERSON FOR REPAIR OR REPLACEMENT
COSTS ASSOCIATED WITH DAMAGES CAUSED BY ABATEMENT ACTIVITIES.

(E) (1) IF THE SECRETARY DETERMINES THAT A STATE OF NUISANCE
EXISTS THAT PRESENTS AN IMMINENT DANGER TO THE HEALTHY BALANCE OF AN
ECOSYSTEM, THE SECRETARY MAY SUMMARILY ABATE THE STATE OF NUISANCE.

(2) BEFORE SUMMARILY ABATING A STATE OF NUISANCE UNDER THIS
SUBSECTION, THE SECRETARY SHALL, AS APPROPRIATE:

(I)      IF THE OWNER, TENANT, OR OTHER OCCUPANT OF THE
PROPERTY WHERE THE STATE OF NUISANCE EXISTS IS REASONABLY BELIEVED TO
BE RESPONSIBLE FOR HAVE CAUSED THE STATE OF NUISANCE, SERVE AN
ABATEMENT ORDER ON THE OWNER, TENANT, OR OTHER OCCUPANT;

(II)     IF THE PROPERTY IS UNOCCUPIED AND THE OWNER CANNOT
BE FOUND, ATTACH AN ABATEMENT ORDER TO THE PROPERTY WHERE THE STATE
OF NUISANCE EXISTS; OR

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