Section 20-306 - Investigations and reports by health officer; notice to abate nuisance; resolution of jurisdictional questions; filing of complaint in court.
§ 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.
[1987, ch. 306, § 3; 2002, ch. 333.]