Section 20-306 - Investigations and reports by health officer; notice to abate nuisance; resolution of jurisdictional questions; filing of complaint in court. - Maryland Statutes

§ 20-306. Investigations and reports by health officer; notice to abate nuisance; resolution of jurisdictional questions; filing of complaint in court.
 

(a)  Investigations and reports by health officers generally.- 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)  Notice to abate nuisance - Service.-  

(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)  Notice to abate nuisance - Refusal or neglecting to comply prohibited.- Failure to comply with the requirements of a notice served under this section is a violation of this subtitle. 

(d)  Resolution of jurisdictional questions.- 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)  Filing of complaint in court.-  

(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. 
 

[1987, ch. 306, § 3; 2002, ch. 333.]