§ 10-202. Investigation and notice by Secretary

   (a) Investigation. -- On the written complaint of 2 physicians or of at least 3 persons who claim to be affected by the condition, the Secretary shall investigate any complaint that any of the following is in a condition that injures any adjacent property or that is dangerous to human health:

   (1) Any watercourse, well, spring, open ditch, gutter, cesspool, drain, outhouse, pigpen, or other place.

   (2) Any accumulation or deposit of offensive or noxious matter.

   (3) Any house, building, trades establishment, or manufacturing place.

   (4) Any water in which mosquito larvae breed.

(b) Abatement notice. --

   (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 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) Failure to abate. --

   (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 with the requirements of the Secretary's abatement notice.

      (ii) To abate the nuisance within a time specified in the order.

      (iii) To prevent the nuisance from recurring.

HISTORY: An. Code 1957, art. 43, § 105, 106; 1982, ch. 240, § 2; 1988, ch. 6, § 1.