§ 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.

HISTORY: 1987, ch. 306, § 3; 2002, ch. 333.