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(a) Definition. In this section, “public nuisance” means any property where, on five or more separate occasions within any 30-day period, crimes were committed on the property and arrests were made for:
(1) assignation, lewdness, or prostitution, as defined in § 9-1-705 of this Code, or human trafficking, as defined in § 3-1102 of the Criminal Law Article of the State Code;
(2) illegally administering a controlled dangerous substance prohibited under § 5-601 of the Criminal Law Article of the State Code;
(3) the distribution of a controlled dangerous substance prohibited under § 5-602 of the Criminal Law Article of the State Code;
(4) the illegal storage or concealment of a controlled dangerous substance or controlled paraphernalia in sufficient quantity to reasonably indicate under the circumstances an intent to manufacture, distribute, or dispense a controlled dangerous substance or controlled paraphernalia;
(5) illegal gambling;
(6) the storage or possession of stolen property valued at $1,500 or more;
(7) wearing, carrying, or transporting a handgun prohibited under § 4-203 of the Criminal Law Article of the State Code or the use of a handgun in the commission of a violent crime as prohibited under § 4-204 of the Criminal Law Article of the State Code;
(8) a crime of violence, as defined in § 14-101 of the Criminal Law Article of the State Code; or
(9) offenses prohibited under Article 9, Subtitle 8 of the Criminal Law Article of the State Code.
(b) Prohibition. A property owner may not allow a property to be a public nuisance. The owner of a property that is a public nuisance is subject to enforcement and fines under this section.
(c) Enforcement; violations.
(1) The County may not enforce the provisions of this section if:
(i) the property owner attempts to remedy a public nuisance by commencing proceedings under § 8-402.1 of the Real Property Article of the State Code for a breach of the lease based on the crime or crimes committed under this section; or
(ii) the property is under regulatory oversight by a State agency that has staff on the property at all times and routinely reports on all crimes committed on the property.
(2) Before a court proceeding is initiated under this subsection, the Police Department shall:
(i) communicate with the property owner about the law and provide suggestions on how to prevent criminal activity on the property; and
(ii) mail by certified mail a letter to the property owner that describes the crimes committed on the property within a 30-day period and requests cooperation to avoid the need for court proceedings.
(3) Subject to paragraphs (1) and (2), the County may enforce the provisions of this section through any appropriate court proceedings and may seek any appropriate forms of relief to restrain or correct a violation of this section, including abatement and injunctive proceedings.
(4) A violation of this section is a Class A civil offense pursuant to § 9-2-101 of this Code.
(Bill No. 94-20)