SECTION 305
Nuisances
Multiple Residence (MRE) CHAPTER 61-B, ARTICLE 8
§ 305. Nuisances. 1. The term nuisance shall be held to embrace
whatever is dangerous to human life or detrimental to health and shall
include but not be limited to: (a) a public nuisance as known at common
law, statutory law and in equity jurisprudence, and (b) a dwelling that,
in violation of this chapter or of any other state or local law,
ordinance or regulation, does not have adequate egress, safeguards
against fire, adequate electrical service, installation and wiring,
structural support, ventilation, plumbing, sewerage or drainage
facilities, is overcrowded or inadequately cleaned or lighted and the
condition constituting such violation is dangerous to human life or
detrimental to health. All such nuisances are hereby declared to be
unlawful.
2. Whenever the department shall declare that a dwelling is a
nuisance, it shall serve a notice or order in the manner prescribed by
section three hundred six of this chapter, reciting the facts
constituting such nuisance, specifying in what respect the dwelling is
dangerous to human life or detrimental to health and requiring the owner
to remove such nuisance within thirty days after service of such notice
or order or such lesser period of time where an emergency exists as may
be determined by the department head. Such notice or order shall provide
that, if the owner fails to remove such nuisance within such period for
compliance so prescribed, the department may remove or cause the removal
of such nuisance by cleansing, repairing, vacating, demolishing or by
taking such other corrective action deemed necessary and shall notify
the owner of his right to a hearing as hereinafter provided.