2013 Maryland Code
HEALTH - GENERAL
§ 20-306 - Investigations and reports by health officer; notice to abate nuisance; resolution of jurisdictional questions; filing of complaint in court

§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.