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<section article="glg" article_name="Local Government" number="13-402.1" title_number="13" title_name="Other Powers of Counties -- Regulatory" subtitle_number="4" subtitle_name="Nuisances and Public Health">
  <level label="a">
    <level label="1">
      <text>In this section, “displacement” means the provision of garbage collection, removal, or disposal services by a governing body of a county in a manner that precludes a private person that has been providing the services and is licensed and inspected by the Charles County Health Department from continuing to provide the services.</text>
    </level>
    <level label="2">
      <text>“Displacement” does not include circumstances in which:</text>
      <level label="i">
        <text>a governing body of a county:</text>
        <level label="1">
          <text>does not renew a contract for garbage collection, removal, or disposal services and, at the end of the contract term, provides the services itself or contracts with another person to provide the services; or</text>
        </level>
        <level label="2">
          <text>enters into a contract with another person to provide other garbage collection, removal, or disposal services;</text>
        </level>
      </level>
      <level label="ii">
        <text>the person that has been providing the garbage collection, removal, or disposal services:</text>
        <level label="1">
          <text>has acted in a manner threatening to public health or safety;</text>
        </level>
        <level label="2">
          <text>has acted in a manner resulting in a substantial public nuisance;</text>
        </level>
        <level label="3">
          <text>has committed a material breach of a contract for garbage collection, removal, or disposal services;</text>
        </level>
        <level label="4">
          <text>refuses to continue to provide garbage collection, removal, or disposal services under the terms and conditions of an existing agreement; or</text>
        </level>
        <level label="5">
          <text>has been authorized to provide garbage collection, removal, or disposal services under a license or permit that will expire and not be renewed; or</text>
        </level>
      </level>
      <level label="iii">
        <text>a majority of the property owners in the defined service area request in writing that the governing body of the county take over the garbage collection, removal, or disposal services.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>This section applies only to a code county in the Southern Maryland class, as provided in § 9–302(a) of this article.</text>
  </level>
  <level label="c">
    <text>Before taking any action that results in the displacement of a person that has been providing garbage collection, removal, or disposal services in the county, the county commissioners shall:</text>
    <level label="1">
      <text>hold at least one public hearing on the advisability of the county providing the garbage collection, removal, or disposal services; and</text>
    </level>
    <level label="2">
      <text>provide notice of the hearing to:</text>
      <level label="i">
        <text>each person that provides the services in the county, in writing sent by first–class mail at least 45 days before the hearing; and</text>
      </level>
      <level label="ii">
        <text>the public, by publishing a notification in a newspaper of general circulation in the county once each week for 2 successive weeks before the hearing.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, within 1 year after the public hearing, and at least 3 years before any displacement, the county commissioners shall provide written notice by registered mail of the displacement to the person providing the garbage collection, removal, or disposal services.</text>
    </level>
    <level label="2">
      <text>The county may begin providing garbage collection, removal, or disposal services or contract with another person to provide the services less than 4 years after providing the notice required under paragraph (1) of this subsection if:</text>
      <level label="i">
        <text>the county pays the displaced person that has been providing the services an amount equal to the person’s gross receipts for providing the services in the county for the preceding 12–month period;</text>
      </level>
      <level label="ii">
        <text>the county commissioners and the person that has been providing the services agree to a different notice period or compensation amount; or</text>
      </level>
      <level label="iii">
        <text>the person stops providing the services in the county.</text>
      </level>
    </level>
  </level>
</section>
