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PARRIS N. GLENDENING, Governor Ch. 333
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(b) (1) If the Secretary finds that [the condition of the place or thing
investigated may injure any adjacent property or may injure the life or health of any
individual, the place or thing is in a state of nuisance and] A NUISANCE EXISTS, the
Secretary shall serve a written notice to the person who is causing the nuisance,
ordering the person to abate the nuisance within a time specified in the notice.
(2) The notice shall be served:
(i) On the person who is causing the nuisance; or
(ii) If the person who is causing the nuisance cannot be found, on
the owner or occupant of the property where the nuisance exists.
(c) (1) The Secretary may file a complaint in the circuit court for the county
where the nuisance exists if:
(i) The person served with the notice fails to comply with the
requirements of the notice; or
(ii) Although the person served complies with the requirements of
the notice, the nuisance is likely to recur on the same property.
(2) A complaint filed under this subsection may seek a court order
requiring the person served with the notice to [do any or all of the following]:
(i) [To comply] COMPLY with the requirements of the Secretary's
abatement [notice.] NOTICE;
(ii) [To abate] ABATE the nuisance within a time specified in the
[order.] ORDER;
(iii) [To prevent] PREVENT the nuisance from [recurring.]
RECURRING; OR
(IV) PAY A FINE OF NOT MORE THAN $1,000.
20-308.
(a) [(1)] If, after investigation, the Secretary OR A LOCAL HEALTH OFFICER
finds that [any of the following conditions exists, the place or thing as to which the
condition exists is in a state of nuisance:
(i) The contents overflow or leak from an outhouse, a water closet,
a septic tank, or a cesspool and present a hazard to public health.
(ii) An outhouse, a water closet, or a cesspool is not flytight and
watertight and presents a hazard to public health.
(2) The] A NUISANCE EXISTS THAT PRESENTS AN IMMEDIATE HAZARD
TO PUBLIC HEALTH, THE Secretary OR LOCAL HEALTH OFFICER MAY summarily
[may] abate [any condition that is in a state of] THE nuisance [under this
subsection].
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- 2847 -
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