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Martin O'Malley, Governor
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H.B. 677
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(I) THE OWNER AND TENANT ARE PARTIES TO THE ACTION;
AND
(II) A TENANT HAS FAILED TO OBEY AN ORDER UNDER
SUBSECTION (D) OF THIS SECTION OR PARAGRAPH (1) OF THIS SUBSECTION.
(3) IF THE COURT ORDERS RESTITUTION OR THE POSSESSION OF
THE PROPERTY UNDER PARAGRAPH (2) OF THIS SUBSECTION, THE COURT
SHALL IMMEDIATELY ISSUE ITS WARRANT TO THE SHERIFF OR CONSTABLE
COMMANDING EXECUTION OF THE WARRANT WITHIN 5 DAYS AFTER ISSUANCE
OF THE WARRANT.
(4) IN ADDITION TO OR AS A PART OF ANY INJUNCTION,
RESTRAINING ORDER, OR OTHER RELIEF ORDERED, THE COURT MAY ORDER
THE OWNER OF THE PROPERTY TO SUBMIT FOR COURT APPROVAL A PLAN OF
CORRECTION TO ENSURE, TO THE EXTENT REASONABLY POSSIBLE, THAT THE
PROPERTY WILL NOT AGAIN BE USED FOR A NUISANCE IF:
(I) THE OWNER IS A PARTY TO THE ACTION; AND
(II) THE OWNER KNEW OR SHOULD HAVE KNOWN OF THE
EXISTENCE OF THE NUISANCE.
(5) IF AN OWNER FAILS TO COMPLY WITH AN ORDER TO ABATE A
NUISANCE, AFTER A HEARING, THE COURT MAY, IN ADDITION TO ANY OTHER
RELIEF GRANTED, ORDER THAT THE PROPERTY BE DEMOLISHED IF THE
PROPERTY IS UNFIT FOR HABITATION AND THE ESTIMATED COST OF
REHABILITATION SIGNIFICANTLY EXCEEDS THE ESTIMATED MARKET VALUE OF
THE PROPERTY AFTER REHABILITATION.
(G) (G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION,
THIS THIS SECTION MAY NOT BE CONSTRUED TO ABROGATE ANY EQUITABLE OR
LEGAL RIGHT OR REMEDY OTHERWISE AVAILABLE UNDER THE LAW TO ABATE A
NUISANCE.
(2) THIS SECTION MAY NOT BE CONSTRUED AS GRANTING
STANDING FOR AN ACTION:
(I) CHALLENGING ANY ZONING APPLICATION OR
APPROVAL;
(II) IN WHICH THE ALLEGED NUISANCE CONSISTS OF:
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- 4741 -
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