Subdivision III. Reserved.

Secs. 2-91—2-94. Reserved.

   Editor’s note—Subdivision III, §§ 2-91—2-94, was repealed by 1977 L.M.C., ch. 37, § 1.

Division 4. Ordinances, Resolutions, Codes, Etc.

Sec. 2-95. Powers to adopt-Generally; administration and enforcement.

   (a)   Generally. The council is authorized to prescribe by law for minimum standards in the form of building, fire, electrical, plumbing, health, waste and trash removal, billboard, street construction, humane treatment of animals, plant disease and blight control and other regulations and codes to safeguard life, health or property or to promote public safety, morals or welfare by regulating:

      (1)   Buildings and Other Structures. The design, erection, construction, repair, alteration, quality of materials, use, occupancy, location and maintenance of private and public buildings and other structures.

      (2)   Plumbing, Heating and Electrical Fixtures. The installation and maintenance of plumbing, heating, and electrical fixtures in such buildings and structures and lines, wiring, piping and conduits in connection therewith.

      (3)   Disposal of Waste, Sewage, Garbage, etc. The disposal of wastes, sewage and drainage and the dumping and accumulation of loose earth, rocks, trash, rubbish, garbage, ashes, junk, refuse and debris and limiting the height of weeds and treatment and disposal of diseased or blighted plant life and trees on any public or privately owned land in the county, and providing for the removal by the county of such matter from privately owned land at the expense of the landowner when such owner has refused or failed to remove the matter after due notice and opportunity for a hearing.

      (4)   Billboards, Signs and Other Advertising Matter. The erection and maintenance of billboards and other similar structures, signs, posters, window and outdoor display advertising of any kind whatsoever.

      (5)   Streets, Highways, Sidewalks, etc. The location, repair, use, grading, surfacing and other construction of streets, roads, highways, alleys, driveways and sidewalks for public use, and of curbs, gutters and drainage and other structures in connection therewith, whether or not maintenance by the county government is thereafter to be requested and the construction, maintenance and use of structures, vaults, tunnels, bridges, passageways, and buildings under, over or across public or dedicated streets, roads, highways, alleys, driveways and sidewalks.

      (6)   Animals. The humane treatment of animals whether on public or private property.

      (7)   Manufacturing Establishments, Slaughterhouses, Canneries, etc. Places of manufacturing soap and candles and fertilizers, slaughterhouses, packing houses, canneries, factories, workshops, mines, manufacturing plants and any and all places where offensive trades may be carried on, or which may involve or give rise to unsanitary conditions or conditions detrimental to health.

   (b)   Requirements as to minimum standards. Such minimum standards shall include, where appropriate, structural engineering, health, sanitation, safety and fire protection requirements and requirements for safeguards during construction or alteration.

   (c)   Construction of section. Nothing in this section shall be construed to affect any of the powers and duties of the state board of health, or any of the public general laws of the state relating to the subject of health.

   (d)   Regulations for administration and enforcement. The council is authorized to prescribe by law for the county executive to adopt and amend regulations for the administration and enforcement of such standards, including bonds, permit and licenses and appropriate fees therefor, reports, schedules and inspection of premises necessary to such administration and enforcement. In addition, the county may institute injunction, mandamus or other appropriate action or proceeding to prevent any violation of such standards or regulations, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief. (Mont. Co. Code 1965, § 2-24; 1966 L.M.C., ch. 10, § 1; 1970 L.M.C., ch. 19, § 2; 1971 L.M.C., ch. 37, § 1; 1973 L.M.C.,ch. 8, § 1.)

   Editor’s note-Section 2-95 [formerly §2-24] is cited in Funger v. Town of Somerset, 249 Md. 311, 239 A.2d 748 (1968).

Sec. 2-96. Administration and enforcement of legislation in municipal corporations and special taxing districts.

   (a)    County enforcement of municipal laws and special taxing district regulations.

      (1)   Any municipal corporation, by ordinance, or any special taxing district, by regulation, may request and authorize the County to administer or enforce any municipal law or special taxing district regulation. The County may administer or enforce the municipal law or special taxing district regulation on the terms and conditions as may mutually be agreed.

      (2)   The County Executive may agree with a municipal corporation or special taxing district to enforce and administer any municipal law or special taxing district regulation. That agreement may authorize an agent of the municipal corporation or special taxing district to issue a citation, as an agent of the County, for a violation of any municipal law or special taxing district regulation.

      (3)   After an agreement under this subsection takes effect, the County may treat a violation of any regulation of a special taxing district that the Council has approved (including a regulation adopted under Section 49-4) as a violation of the County Code under Section 1-18. In addition to any other remedy or penalty specified in the regulation, each violation of any regulation of a special taxing district may be treated as a Class B civil violation unless another class of violation is cited in the regulation.

   (b)    Enforcement of county laws by municipal corporations.

      (1)   If requested by any municipal corporation, the County Executive may delegate the administration or enforcement of any county law that applies in a municipal corporation to the chief administrative officer of the municipal corporation.

      (2)   The County Executive may agree with the municipal corporation to regulate the delegation of the County's administration and enforcement powers to the municipal corporation's chief administrative officer. (Mont. Co. Code 1965, § 2-25; 1983 L.M.C., ch. 21, §§ 1, 2; 1984 L.M.C., ch. 33, §§ 1, 2; 1985 L.M.C., ch. 12, § 1; 1987 L.M.C., ch. 35, § 2; 2000 L.M.C., ch. 11, § 1.)

   Editor's note-1984 L.M.C., ch. 33 became effective November 18, 1984.

   Cross reference-Applicability of County legislation within municipal corporations, § 1-203.

Sec. 2-97. Reserved.

   Editor's note-Section 2-97, enumerating ordinances not affected by this article, derived from Mont. Co. Code 1965, § 2-26, was repealed by § 1 of 1985 L.M.C., ch. 31.

Sec. 2-98. Reserved.

   Editor's note-Section 2-98, stating that the provisions of §§ 2-95-2-97 did not limit the authority of the Council under § 2-12 or § 68-2, derived from Mont. Co. Code 1965, § 2-27, was repealed by § 1 of 1985 L.M.C., ch. 31.