Maryland Health - General Section 20-306

Article - Health - General

§ 20-306.

      (a)      The health officer for each county:

            (1)      May investigate any suspected nuisance; and

            (2)      Shall investigate and report on the sanitary conditions of schools, places of business, and places of employment in the county.

      (b)      (1)      If the health officer finds that a nuisance exists, the health officer 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)      Failure to comply with the requirements of a notice served under this section is a violation of this subtitle.

      (d)      If a question arises between health officers as to the jurisdiction or duties of a health officer in the abatement of a nuisance, the question shall be referred to the Secretary for resolution.

      (e)      (1)      A health officer may file a complaint in the circuit court for the county where the nuisance exists if:

                  (i)      The person served with the notice under this section fails to comply with the requirements of the notice; or

                  (ii)      Although the person served with a notice under this section 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 individual served with a notice under subsection (b) of this section to:

                  (i)      Comply with the requirements of the health officer's abatement notice;

                  (ii)      Abate the nuisance within a specified time;

                  (iii)      Prevent the nuisance from recurring; or

                  (iv)      Pay a fine of not more than $1,000.



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