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§ 20-306. Health officer investigations and reports

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 20. Miscellaneous Health Provisions (Refs & Annos)
Subtitle 3. Nuisance Control (Refs & Annos)
Part II. Nuisance Abatement
MD Code, Health - General, § 20-306
§ 20-306. Health officer investigations and reports
In general
(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.
Notice to abate nuisance
(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.
Failure to comply with notice
(c) Failure to comply with the requirements of a notice served under this section is a violation of this subtitle.
Jurisdiction, duties
(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.
Complaint filed with court
(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.

Credits

Added by Acts 1987, c. 306, § 3, eff. July 1, 1987. Amended by Acts 2002, c. 333, § 1, eff. Oct. 1, 2002.
MD Code, Health - General, § 20-306, MD HEALTH GEN § 20-306
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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