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Session Laws, 2003
Volume 799, Page 319   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

IF THE OWNER OR OCCUPANT FAILS TO REIMBURSE THE STATE FIRE MARSHAL
FOR THE EXPENSES INCURRED BY THE STATE FIRE MARSHAL UNDER SUBSECTION
(A) OF THIS SECTION WITHIN 30 DAYS AFTER WRITTEN DEMAND IS MAILED TO THE
OWNER OR OCCUPANT AT THE OWNER'S OR OCCUPANT'S LAST KNOWN ADDRESS,
THE STATE FIRE MARSHAL MAY SUE IN THE NAME OF THE STATE TO RECOVER THE
EXPENSES, WITH INTEREST, IN A COURT OF COMPETENT JURISDICTION.

(C) COOPERATION BY COUNTY OR MUNICIPAL CORPORATION.

(1)      IF THE OWNER OR OCCUPANT FAILS TO COMPLY WITH THE
ABATEMENT ORDER AFTER THE PERIOD OF TIME SPECIFIED IN SUBSECTION (A) OF
THIS SECTION, THE GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION
.MAY COOPERATE WITH THE STATE FIRE MARSHAL IN REPAIRING, DEMOLISHING, OR
OTHERWISE REMEDYING DANGEROUS CONDITIONS IN A BUILDING OR STRUCTURE
IN THE COUNTY OR MUNICIPAL CORPORATION.

(2)      A LIEN SHALL ATTACH TO THE PROPERTY ON WHICH THE BUILDING
OR STRUCTURE STOOD IN THE AMOUNT OF THE EXPENSE OF THE WORK DONE BY
THE COUNTY OR MUNICIPAL CORPORATION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 11.

In subsection (a)(1) of this section, the references to the "building" and
"structure" are added for consistency throughout subsection (a) of this
section.

In subsection (b) of this section, the former reference to the last known
"post office" address is deleted as surplusage.

In subsection (c)(1) and (2) of this section, the reference to a "municipal
corporation" is substituted for the former reference to a "municipality" to
conform to Art. XI-E of the Maryland Constitution.

In subsection (c)(1) of this section, the reference to "the period of time
specified in subsection (a) of this section" is substituted for the former
reference to "the specified period of time" for clarity and precision.

Defined term: "County" § 1-101

6-321. ADDITIONAL REMEDIES.

IF A BUILDING, STRUCTURE, OR EQUIPMENT IS OR IS PROPOSED TO BE
ERECTED, CONSTRUCTED, RECONSTRUCTED, ALTERED, MAINTAINED, OR USED, OR
IF LAND IS OR IS PROPOSED TO BE USED IN A WAY THAT ENDANGERS LIFE OR
PROPERTY DUE TO THE HAZARDS OF FIRE OR EXPLOSION OR IN VIOLATION OF THIS
ARTICLE OR OF ANY REGULATION ADOPTED BY THE COMMISSION UNDER THIS
ARTICLE, THE COMMISSION, STATE FIRE MARSHAL, OR ATTORNEY GENERAL MAY, IN
ADDITION TO OTHER REMEDIES PROVIDED BY LAW, FILE AN ACTION FOR
INJUNCTION, MANDAMUS, OR ABATEMENT OR ANY OTHER APPROPRIATE ACTION TO
PREVENT, ENJOIN, ABATE, OR REMOVE THE UNLAWFUL ERECTION, CONSTRUCTION,
RECONSTRUCTION, ALTERATION, MAINTENANCE, OR USE.

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Session Laws, 2003
Volume 799, Page 319   View pdf image
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