(A) Nuisances which affect public health.
(1) Complaints. A person may complain to the Frederick County Health Department to declare that a nuisance which affects public health exists.
(2) Investigations. The health officer may investigate all complaints of nuisance received against an agricultural operation. When a previous complaint involving the same condition resulted in a determination by the health officer that a nuisance condition did not exist, the health officer may investigate the complaint but the health officer may also determine not to investigate such a complaint. The Frederick County Health Department may initiate any investigation without citizen complaint.
(3) Declaration of nuisance. If the health officer determines that a nuisance exists, the Health Department may declare the existence of a nuisance. In determining whether a nuisance condition exists in connection with an agricultural operation, the health officer shall apply the criteria provided in this article. Further, the health officer may consider the professional opinion of the Frederick County Cooperative Extension Service of the University of Maryland, or other qualified experts in the relevant field in determining whether the agricultural operation being investigated is conducted in accordance with generally accepted agricultural management practices.
(B) Resolution of disputes regarding agricultural operations.
(1) Should any controversy arise regarding an interference with the use or enjoyment of property from agricultural operations conducted on agricultural land, the parties to that controversy shall submit the controversy to the Agricultural Reconciliation Committee, in writing, through the Frederick County Planning Department.
(2) The FCARC will conduct its proceedings in an informal manner and the rules of evidence shall not apply. The FCARC has the power, but is not required hereunder, to hold hearings and to compel testimony under oath and the production of documents. In each case before it, the FCARC shall issue orders settling or otherwise resolving controversies arising out of agricultural operations, including, but not limited to, the invasion of property and personal rights by agricultural operations conducted on agricultural land.
(3) Four FCARC members shall constitute a quorum for purposes of holding a hearing.
(4) If a hearing ends in a tie vote, no action shall be taken on the complaint that formed the basis of the hearing.
(5) Orders of the FCARC shall be binding on the parties as a matter of law, but their enforcement shall be suspended by operation of law if, within 30 days of the date of the Committee’s judgment, a party appeals such order to the Circuit Court for Frederick County. Appeals from orders of the Committee shall be by a trial de novo.
(6) If the FCARC or a court finds that the conduct of a party in bringing or maintaining an action in connection with an agricultural operation conducted on agricultural land was in bad faith or without substantial justification, the FCARC or court may require that party to pay to the owner of the agricultural operation (or any other party opponent) the costs of the proceeding and the reasonable expenses, including reasonable attorney’s fees, incurred by that party in defending against the action.
(Ord. 96-23-175, § 5, 11-12-1996; Ord. 14-23-678, 11-13-2014)