Section 20-307 - Investigation by Secretary; notice to abate dangerous condition or nuisance; complaint to force compliance with notice or prevent recurrence of nuisance.
§ 20-307. Investigation by Secretary; notice to abate dangerous condition or nuisance; complaint to force compliance with notice or prevent recurrence of nuisance.
(a) Investigation of suspected nuisance by Secretary.- The Secretary may investigate any suspected nuisance.
(b) Notice to abate dangerous conditions or nuisance.-
(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) Complaint to force compliance with order or to prevent the recurrence of nuisance.-
(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.
[1987, ch. 306, § 3; 2002, ch. 333.]