§ 13-7-503. NOTICE; HEARING; ENFORCEMENT.

(a)

Notice - Required. Before the Chief of Police issues an order under § 13-7-502 of this subtitle, the Chief of Police shall give to the owner, lessor, lessee, mortgagor, and mortgagee of the premises notice and an opportunity for a hearing to determine whether a public nuisance exists in the premises.

(b)

Same - Contents. The notice required under this section shall state the date, place, and time of the hearing, the right of the persons who received the notice to be heard and to be represented at the hearing, the possible consequences of failure to appear, and other particulars that may be appropriate.

(c)

Same - Method of service. The notice required under this section shall be:

(1)

Given by personal service, or by certified mail to the owner, lessor, lessee, mortgagor, and mortgagee or an agent of any of these persons, or any party having a recorded interest in the premises as their name and address are recorded in the land records of the county or whose identity and address are otherwise known or readily ascertainable; and

(2)

Posted on the premises.

(d)

Hearing.

(1)

The hearing shall be before the County Administrative Officer.

(2)

The County Administrative Officer may adopt, amend, or rescind the order of the Chief of Police, in whole or in part.

(e)

Lack of knowledge or acquiescence. The lack of knowledge of, acquiescence or participation in, or responsibility for a public nuisance, on the part of any person who may be the owner, lessor or lessee, mortgagor, mortgagee or other interested person and all those persons in possession of or having charge of as agent or otherwise, or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance, is not sufficient cause to set aside the Chief of Police's order of abatement or closure.

(f)

Posting of final order. Following the hearing procedure, an order of the Chief of Police issued in accordance with this subtitle as adopted or amended by the County Administrative Officer shall be posted on the premises and notice of the order shall be given to those persons and in the manner required under subsection (c) of this section.

(g)

Enforcement. On and after the 10th business day following the posting as required under subsection (f) of this section, on the written directive of the Chief of Police, the order may be enforced.

(1988 Code, § 22-8) (Bill No. 42-94, § 1, 4-4-1994; Bill No. 105-00, § 2, 7-1-2004)