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Allegany County, MD Code Violation Reporting: Response Times (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Appeal deadline
5 days after order
Hearing deadline
10 days after appeal
Decision deadline
5 days after hearing
Deciding official
Health Officer or designee
Escalation
$250-$500 per day penalty

Summary

Allegany County's nuisance ordinance sets fixed clocks for appealing a Health Officer order to abate: an appeal within five days of the order, a hearing within 10 days of that appeal, and a written decision within five days of the hearing, all under County Code § 400-5(C).

These county ordinances apply to unincorporated areas of Allegany County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 400-5. Order to abate and right to hearing. ... ... C. Any party who has received an order to abate from the Health Officer shall have the right to appeal. The aggrieved party shall submit a request for a hearing, in writing, to the Health Officer of designee within five days of the date of the order to abate the nuisance. The appeal shall be heard by the Health Officer or designee within 10 days of the date of appeal. A decision by the Health Officer or designee shall be rendered within five days of the date of the hearing. The decision shall be in writing and delivered to all parties to the proceeding.

Full Breakdown

Chapter 400 lays out a specific timeline once the Health Officer issues an order to abate a nuisance in unincorporated Allegany County. Under § 400-5(A), an order follows only after informal efforts at voluntary compliance under § 400-4 have failed, and it must state a compliance deadline and warn that administrative penalties apply if the condition is not corrected, along with notice of appeal rights. Section 400-5(B) lets a party who receives the order request a hearing to modify its terms and instead enter a written voluntary consent agreement with the local enforcement official.

If the party appeals rather than negotiates, § 400-5(C) fixes three deadlines: the aggrieved party must submit a written hearing request to the Health Officer within five days of the order; the Health Officer or a designee must hold that hearing within 10 days of the appeal; and a written decision must follow within five days of the hearing, delivered to all parties. Ignoring the order entirely, per § 400-5(D), triggers administrative penalties under § 400-6, starting at $250 per day for a first offense and $500 for a second.

A party can still take a related District Court civil-citation decision to a higher court under § 400-8(B), but the five/ten/five-day clock in § 400-5(C) governs the county-level administrative appeal itself.

Violations & Fines

Missing the five-day appeal window under § 400-5(C) forfeits the right to challenge the order administratively, and the nuisance remains subject to the Health Officer's order to abate; continued noncompliance escalates to administrative penalties of $250 to $500 per day under § 400-6 and possible misdemeanor prosecution carrying up to 30 days in jail or a $1,000 fine under § 400-7(B).

Frequently Asked Questions

How long do I have to appeal a nuisance order to abate in Allegany County?
Five days from the date of the order, per § 400-5(C); the request must go in writing to the Health Officer or designee.
How quickly will the county hold the appeal hearing?
Section 400-5(C) requires the Health Officer or designee to hear the appeal within 10 days of the date the appeal was filed.
When will I get a decision after the hearing?
The Health Officer or designee must render a written decision within five days of the hearing and deliver it to all parties, under § 400-5(C).
What happens if I skip the appeal and do nothing?
The order to abate stands, and § 400-5(D) directs the Health Officer to assess administrative penalties, which § 400-6 sets at $250 per day for a first offense and $500 for a second.

Sources & Official References

Other rules in Allegany County

All Allegany County rules

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