In this subtitle, “nuisance” means a condition that is dangerous to health or safety including: An inadequately protected swimming pool; An unprotected open ditch; An unsanitary outhouse; A foul pigpen; An improperly functioning sewage system; An unkempt junkyard; An unkempt scrap metal processing facility; An excessive accumulation of trash or garbage; A dead animal; A contaminated water supply; An inadequately protected water supply; A rodent harborage; Poor housekeeping that could endanger the health of the owner, occupant, employee, or a neighbor; or Any condition that may endanger health that may be transmitted by means including: Running streams; Surface drainage; Air currents; Birds; Domestic animals; or Human beings. “Nuisance” does not include: Any condition resulting from a farm operation following generally accepted agricultural practices that are not creating a condition dangerous to health or safety; or Any condition resulting from a commercial fishing or seafood operation following generally accepted industry standards and processes that are not creating a condition dangerous to health or safety.

Notwithstanding the provisions of Title 10 of the Environment Article, the Secretary is responsible for the general care of the sanitary interests of the people of the State.

The Secretary or a local health officer may investigate a suspected nuisance and devise means for the control of the nuisance.

The Secretary may adopt rules and regulations to govern the character and location of: Plumbing; Drainage; Water supply; Offensive trades; and Disposal of any waste material, including sewage or garbage. The Secretary may adopt rules and regulations to govern the sanitary condition of: Streets; Cesspools; Outhouses; and Any sanitary feature connected with any of these.

The Secretary may enter on and inspect any private property to determine whether a nuisance exists.

The Secretary or a local health officer may bring an action to enjoin any person from committing any nuisance subject to this subtitle.

The health officer for each county: May investigate any suspected nuisance; and Shall investigate and report on the sanitary conditions of schools, places of business, and places of employment in the county. 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. The notice shall be served: On the person who is causing the nuisance; or If the person who is causing the nuisance cannot be found, on the owner or occupant of the property where the nuisance exists. Failure to comply with the requirements of a notice served under this section is a violation of this subtitle. 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. A health officer may file a complaint in the circuit court for the county where the nuisance exists if: The person served with the notice under this section fails to comply with the requirements of the notice; or 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. 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: Comply with the requirements of the health officer’s abatement notice; Abate the nuisance within a specified time; Prevent the nuisance from recurring; or Pay a fine of not more than $1,000.

The Secretary may investigate any suspected nuisance. 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. The notice shall be served: On the person who is causing the nuisance; or If the person who is causing the nuisance cannot be found, on the owner or occupant of the property where the nuisance exists. The Secretary may file a complaint in the circuit court for the county where the nuisance exists if: The person served with the notice fails to comply with the requirements of the notice; or Although the person served complies with the requirements of the notice, the nuisance is likely to recur on the same property. A complaint filed under this subsection may seek a court order requiring the person served with the notice to: Comply with the requirements of the Secretary’s abatement notice; Abate the nuisance within a time specified in the order; Prevent the nuisance from recurring; or Pay a fine of not more than $1,000.

If, after investigation, the Secretary or a local health officer finds that a nuisance exists that presents an immediate hazard to public health, the Secretary or local health officer may summarily abate the nuisance. Before summarily abating a nuisance under this section, the Secretary or a local health officer shall: 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 If the property is unoccupied and the owner cannot be found, attach an abatement order to the property where the nuisance exists. The abatement order shall require and state: A time period within which the owner, occupant, or tenant of the property where the nuisance exists shall abate the nuisance; and The work and materials necessary to abate the nuisance. 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. 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, local health officer, or the representative of the Secretary or local health officer shall: Enter on the property; and At the expense of the owner, occupant, or tenant of the property, do any work and use any materials necessary to abate the nuisance. The Secretary or local health officer may not expend more than $5,000 to abate the nuisance. If, within 60 days after the Secretary or local health officer has completed an abatement under this section, the owner, occupant, or tenant does not pay to the Secretary or local health officer the cost of the abatement, the Secretary or local health officer shall file suit against the owner, occupant, or tenant in the District Court for the county where the nuisance was abated. A person may not: Interfere with the Secretary, local health officer, or the representative of the Secretary or local health officer summarily abating a nuisance under this section; or Refuse to allow the Secretary, local health officer, or the representative of the Secretary or local health officer to enter on any property for the purpose of summarily abating a nuisance under this section.

A person who fails to comply with the requirements of a notice served under § 20-306 or § 20-307 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

A person who fails to exercise due diligence under a court order to abate a condition under § 20-306 or § 20-307 of this subtitle is guilty of a misdemeanor and on conviction is subject to: A fine not exceeding $1,000; and The cost of prosecution. A person who knowingly or willfully acts contrary to a court order to abate a condition under § 20-306 or § 20-307 of this subtitle is guilty of a misdemeanor and on conviction is subject to: A fine not exceeding $1,000; and The cost of prosecution.

In addition to any other penalty provided by law, a person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both, if the person: Interferes with the Secretary, local health officer, or the representative of the Secretary or local health officer summarily abating a nuisance under § 20-308 of this subtitle; or Refuses to allow the Secretary, local health officer, or the representative of the Secretary or local health officer to enter on any property for the purpose of summarily abating a nuisance under § 20-308 of this subtitle.

The Secretary may adopt regulations to implement the provisions of this subtitle. A person who violates any rule or regulation that the Secretary adopts under this subtitle is guilty of a misdemeanor.

In Cecil County or Allegany County, in addition to any other penalty imposed by this subtitle, a person who refuses or neglects to comply with a notice or order to abate a nuisance by the Secretary, or by the health officer for the county where the nuisance exists, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 a day for each day the violation continues.

Sections 20-310 through 20-313 of this subtitle may not be construed to abrogate any equitable or legal right or remedy otherwise available under the law to abate a nuisance.