# Environment (GEN)

## Title 10. Nuisance Control

### Subtitle 2. Nuisance Abatement

#### Section 10-201

(a) The health officer for each county:

  (1) May investigate any condition in the county that is dangerous to human health; and

  (2) Shall investigate and report on the sanitary conditions of schools, places of business, and places of employment in the county.

(b) Except in Baltimore County, on the written complaint of a physician or of at least 2 persons who claim to be affected by the condition, the health officer for the county where the condition allegedly exists immediately shall investigate any complaint that any of the following is in a condition dangerous to human health:

  (1) Any watercourse, well, spring, open ditch, gutter, cesspool, drain, outhouse, pigpen, or other place.

  (2) Any accumulation or deposit of any substance.

(c) If the health officer finds that the condition of the place or thing investigated may injure the life or health of any person, the place or thing is in a state of nuisance and 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.

(d) A person may not refuse or neglect to comply with the requirements of a notice served under this section.

(e) If a question arises between health officers as to the jurisdiction or duties of a health officer in the abatement of any unhealthy nuisance, the question shall be referred to the Secretary, who shall settle the question.

#### Section 10-202

(a) On the written complaint of 2 physicians or of at least 3 persons who claim to be affected by the condition, the Secretary shall investigate any complaint that any of the following is in a condition that injures any adjacent property or that is dangerous to human health:

  (1) Any watercourse, well, spring, open ditch, gutter, cesspool, drain, outhouse, pigpen, or other place.

  (2) Any accumulation or deposit of offensive or noxious matter.

  (3) Any house, building, trades establishment, or manufacturing place.

  (4) Any water in which mosquito larvae breed.

(b)

  (1) If the Secretary finds that the condition of the place or thing investigated may injure any adjacent property or may injure the life or health of any individual, the place or thing is in a state of nuisance and 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 do any or all of the following:

    (i) To comply with the requirements of the Secretary's abatement notice.

    (ii) To abate the nuisance within a time specified in the order.

    (iii) To prevent the nuisance from recurring.

#### Section 10-203

(a)

  (1) If, after investigation, the Secretary finds that any of the following conditions exists, the place or thing as to which the condition exists is in a state of nuisance:

    (i) The contents overflow or leak from an outhouse, a water closet, a septic tank, or a cesspool and present a hazard to public health.

    (ii) An outhouse, a water closet, or a cesspool is not flytight and watertight and presents a hazard to public health.

  (2) The Secretary summarily may abate any condition that is in a state of nuisance under this subsection.

(b) Before summarily abating a nuisance under this section, the Secretary shall:

  (1) Serve an abatement order on the owner of the property where the nuisance exists or, if the owner cannot be found, on the occupant or tenant of the property; or

  (2) If the property is unoccupied and the owner cannot be found, attach an abatement order to the property where the nuisance exists.

(c)

  (1) The abatement order shall require and state:

    (i) A time period within which the owner, occupant, or tenant of the property where the nuisance exists shall abate the nuisance; and

    (ii) The work and materials necessary to abate the nuisance.

  (2) The time period within which to abate the nuisance may not be less than 24 hours nor more than 5 days from the date and hour that the order is served.

(d)

  (1) If the owner, occupant, or tenant served with an abatement order fails to abate or only partially abates the nuisance within the time specified in the order, the Secretary or a representative of the Secretary shall:

    (i) Enter on the property; and

    (ii) At the expense of the owner, occupant, or tenant of the property, do any work and use any materials necessary to abate the nuisance.

  (2) The Secretary may not expend more than $500 to abate the nuisance.

(e) If, within 60 days after the Secretary has completed an abatement under this section, the owner, occupant, or tenant does not pay to the Secretary the cost of the abatement, the Secretary shall file suit against the owner, occupant, or tenant in the district court for the county where the nuisance was abated.

(f) A person may not:

  (1) Interfere with the Secretary or a representative of the Secretary summarily abating a nuisance under this section; or

  (2) Refuse to allow the Secretary or a representative of the Secretary to enter on any property for the purpose of summarily abating a nuisance under this section.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)