1. (a) The Secretary may investigate any suspected nuisance.

2. (b)

   1. (1) If the Secretary finds that a nuisance exists, the Secretary shall serve a written notice to the person who is causing the nuisance, ordering the person to abate the nuisance within a time specified in the notice.

   2. (2) The notice shall be served:

      1. (i) On the person who is causing the nuisance; or
      2. (ii) If the person who is causing the nuisance cannot be found, on the owner or occupant of the property where the nuisance exists.

3. (c)

   1. (1) The Secretary may file a complaint in the circuit court for the county where the nuisance exists if:

      1. (i) The person served with the notice fails to comply with the requirements of the notice; or
      2. (ii) Although the person served complies with the requirements of the notice, the nuisance is likely to recur on the same property.

   2. (2) A complaint filed under this subsection may seek a court order requiring the person served with the notice to:

      1. (i) Comply with the requirements of the Secretary's abatement notice;
      2. (ii) Abate the nuisance within a time specified in the order;
      3. (iii) Prevent the nuisance from recurring; or
      4. (iv) Pay a fine of not more than $1,000.

Added by Acts 1987, c. 306, § 3, eff. July 1, 1987. Amended by Acts 2002, c. 333, § 1, eff. Oct. 1, 2002.