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

2. IF, WITHIN 90 DAYS AFTER THE RECEIPT OF CHARGES THE
PERSON DOES NOT REMIT PAYMENT TO THE SECRETARY, THE SECRETARY MAY FILE
SUIT AGAINST THE PERSON IN THE COUNTY WHERE THE STATE OF NUISANCE WAS
ABATED.

(II) 1. TO THE EXTENT POSSIBLE, THE DEPARTMENT SHALL
MINIMIZE PROPERTY DAMAGE DURING ABATEMENT ACTIVITIES.

2. IF THE DEPARTMENT HAS NOT DETERMINED THAT THE
PROPERTY OWNER, OCCUPANT, OR TENANT CAUSED THE STATE OF NUISANCE, THE
DEPARTMENT SHALL:

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

B.       REIMBURSE THE OWNER OCCUPANT, OR TENANT FOR
REPAIR OR REPLACEMENT COSTS ASSOCIATED WITH DAMAGES CAUSED BY
ABATEMENT ACTIVITIES.

(F)     ALL ABATEMENT ACTIVITIES SHALL BE PERFORMED IN ACCORDANCE
WITH CRITERIA ESTABLISHED BY THE DEPARTMENT.

(G)     (1) AS SOON AS THE TOTAL COST OF ANY ABATEMENT ACTIVITIES
PERFORMED BY THE DEPARTMENT UNDER THIS SECTION HAS BEEN DETERMINED,
THE SECRETARY SHALL PROVIDE A FULL STATEMENT OF CHARGES TO ANY PERSON
RESPONSIBLE FOR THE STATE OF NUISANCE.

(2) IF, WITHIN 90 DAYS AFTER THE RECEIPT OF CHARGES THE
RESPONSIBLE PERSON DOES NOT REMIT PAYMENT TO THE SECRETARY, THE
SECRETARY MAY FILE SUIT AGAINST THE PERSON IN THE COUNTY WHERE THE
STATE OF NUISANCE WAS ABATED AN OWNER OCCUPANT, OR TENANT OF A
PROPERTY ON WHICH THE DEPARTMENT HAS PERFORMED ABATEMENT ACTIVITIES
MAY NOT BE HELD CIVILLY LIABLE FOR DAMAGES CLAIMED BY A THIRD PARTY AS A
RESULT OF ABATEMENT ACTIVITIES PERFORMED BY THE DEPARTMENT, UNLESS
THE OWNER OCCUPANT, OR TENANT HAS BEEN DETERMINED TO HAVE WILLFULLY
OR NEGLIGENTLY CAUSED THE STATE OF NUISANCE.

(H) A PERSON MAY NOT:

(1)      INTERFERE WITH THE SECRETARY, A REPRESENTATIVE OF THE
SECRETARY, OR ANY OTHER INDIVIDUAL ENGAGED IN THE ABATEMENT OR
SUMMARY ABATEMENT OF A STATE OF NUISANCE UNDER THIS SECTION; OR

(2)      REFUSE TO ALLOW THE SECRETARY, A REPRESENTATIVE OF THE
SECRETARY, OR ANY OTHER INDIVIDUAL TO ENTER ON ANY PROPERTY FOR THE
PURPOSE OF ABATING OR SUMMARILY ABATING A STATE OF NUISANCE UNDER THIS
SECTION.

(I) IN ADDITION TO ANY OTHER PENALTY PROVIDED UNDER LAW, A PERSON
WHO VIOLATES A PROVISION OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 30 DAYS OR A FINE
NOT EXCEEDING $2,500 OR BOTH.

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