Investigations and reports by health officer; notice to abate nuisance; resolution of jurisdictional questions; filing of complaint in court

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    (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.


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