Investigation by Secretary; notice to abate dangerous condition or nuisance; complaint to force compliance with notice or prevent recurrence of nuisance

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    (a)    The Secretary may investigate any suspected nuisance.

    (b)    (1)    If the Secretary finds that a nuisance exists, 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)    (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:

            (i)    Comply with the requirements of the Secretary’s abatement notice;

            (ii)    Abate the nuisance within a time specified in the order;

            (iii)    Prevent the nuisance from recurring; or

            (iv)    Pay a fine of not more than $1,000.


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