§ 35-6-110.1. PUBLIC NUISANCE.

(a)

"Public nuisance" defined. In this section, "public nuisance" means:

(1)

Any animal control law violations under:

(i)

Section 12-3-103 of the Code or any similar state law (cruelty to animals);

(ii)

Section 12-3-108 of the Code (menacing animal);

(iii)

Section 12-3-110 of the Code (animal at-large); or

(iv)

Article 12, Title 8 of the Code (dangerous animal);

(2)

Any disorderly conduct, disturbance of the peace, or disorderly house violations under the Criminal Law Article of the Annotated Code of Maryland;

(3)

Any controlled dangerous substance abuse violation under the Criminal Law Article of the Annotated Code of Maryland;

(4)

Any boarding- or rooming house violation under the Baltimore County Zoning Regulations; or

(5)

Any alcohol violation under Article 2B of the Annotated Code of Maryland.

(b)

First or second public nuisance incident.

(1)

On finding that, within a six-month period two public nuisance incidents have occurred at a dwelling or dwelling unit subject to this title, whether engaged in by the owner, an occupant, a tenant of the dwelling or dwelling unit, or their invitees, the Code Official shall provide notice of the public nuisance incidents to the property owner in accordance with § 3-6-203(c) of the Code.

(2)

The notice shall include:

(i)

A description of the public nuisance incidents and the date or approximate date on which they occurred; and

(ii)

A statement that if a third public nuisance incident occurs on the property within six months after the date of the notice, the Director may deny a license to an applicant or suspend or revoke a license.

(c)

Third public nuisance incident. If within six months after the date of the notice required under subsection (b) of this section, a third public nuisance incident has occurred, subject to § 35-6-111 of this title, the Director may deny a license to an applicant or suspend or revoke a license.

(d)

Hearing.

(1)

In any hearing under § 35-6-111(a) or (b) of this title, the Code Official shall demonstrate by a preponderance of the evidence that each violation stated in the notice issued under subsection (b) of this section and the order issued under subsection (c) of this section has occurred.

(2)

The Code Official is not required to demonstrate that there has been a conviction for a criminal offense or, in the case of animal control offenses or boarding- or rooming house offenses, that any hearing officer or administrative board has upheld any citations issued by the Health Officer or the Health Officer's designee or the Code Official, to show the existence of a public nuisance.

(3)

The Hearing Officer may decline to deny, suspend, or revoke a license if the property owner demonstrates by a preponderance of the evidence that the property owner:

(i)

Was not the property owner at the time of any of the public nuisance incidents that are the basis of the notice or order;

(ii)

Had knowledge of the public nuisance incidents, but has promptly and vigorously taken reasonable actions to abate each public nuisance; or

(iii)

Had no knowledge of the public nuisance incidents and could not, with reasonable care and diligence, have known of the public nuisance incidents and on receipt of the notice or order promptly took reasonable actions to abate the public nuisances.

(4)

The Hearing Officer may decline to deny, suspend or revoke a license for any reason that justice requires.

(Bill No. 63-10, § 1, 9-27-2010; Bill No. 68-13, § 1, 12-29-2013)