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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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Sec. 11C-10. Tenant option to leave.
   (a)   Right to leave. A tenant may leave a unit after the developer gives notice of tenant rights under section 11C-23, even if the lease term has not expired.
   (b)   Notice to developer. Before a tenant leaves a unit under this section the tenant must give the developer at least thirty (30) days written notice. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-11. Tenant right to extended lease.
   (a)   Extended lease offer.
      (1)   A developer must offer extended leases to eligible tenants until at least twenty (20) percent of the units are under extended leases.
      (2)   The tenants eligible for an extended lease include:
         (i)   Low-income senior tenants;
         (ii)   Low-income handicapped tenants;
         (iii)   Senior tenants who are not low-income;
         (iv)   Handicapped tenants who are not low-income; and
         (v)   Low-income tenants who are not senior or handicapped.
      (3)   If the number of eligible tenants exceeds twenty (20) percent of the units, the developer must grant extended leases on the basis of continuous residence within the building:
         (i)   First to senior or handicapped low-income tenants;
         (ii)   Second to senior or handicapped tenants who are not low-income; and
         (iii)   Third to low-income tenants who are not senior or handicapped.
   (b)   Extended lease provisions.
      (1)   The length of an extended lease is:
         (i)   For low-income senior and low-income handicapped tenants, the lifetime of the senior or handicapped tenants who live in the unit when the developer gives notice of tenant rights under section 11C-23; and
         (ii)   For other eligible tenants, three (3) years.
      (2)   A rent increase under an extended lease is limited to:
         (i)   A maximum percentage increase that does not exceed the rent component of the U.S. Consumer Price Index for urban wage earners and clerical workers, U.S. Department of Labor, for the most recent twelve-month period; and
         (ii)   A minimum period of at least twelve (12) months between increases.
      (3)   Other extended lease terms follow those of the lease that was in effect immediately before the tenant received the notice of intent to convert.
   (c)   Later option to purchase unit. A tenant who is eligible for an extended lease may instead exercise the right to purchase a membership under section 11C-17.
   (d)   Tenant option to end extended lease. A tenant may end an extended lease at any time by giving the developer written notice of at least:
      (1)   Thirty (30) days if the remaining lease period is less than one (1) year; or
      (2)   Ninety (90) days if the remaining lease period is more than one (1) year.
   (e)   Developer option to end extended lease. A developer may end an extended lease only after:
      (1)   Sixty (60) days from the death of the last surviving senior or handicapped tenant who lived in the unit; or
      (2)   The tenant fails to pay the rent due or violates a material provision of the lease. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-12. Temporary relocation of tenants with extended leases.
   (a)   Developer right to temporarily relocate. If cooperative conversion requires work that endangers the health or safety of tenants, a developer:
      (1)   Must not begin work until endangered tenants with extended leases have been temporarily relocated; and
      (2)   May temporarily relocate an endangered tenant with an extended lease after one hundred eighty (180) days from filing the notice of intent to convert.
   (b)   Unit available within building. If a comparable unit is available within the same building or complex, a developer must relocate a tenant to that unit:
      (1)   After at least thirty (30) days' written notice; and
      (2)   At rent and other lease provisions at least as favorable to the tenant as under the extended lease.
   (c)   Unit not available within building. If a comparable unit is not available within the same building or complex, the developer may require a tenant to temporarily leave the extended lease unit after:
      (1)   Giving the tenant at least one hundred eighty (180) days' written notice; and
      (2)   Paying the tenant an amount equal to three (3) months' rent under the extended lease.
   (d)   Return to unit.
      (1)   After a developer gives notice that work on a unit has been completed, the developer must allow the tenant to return to the extended lease unit within sixty (60) days.
      (2)   The term of an extended lease begins upon the return of the tenant to the extended lease unit.
   (e)   Moving expenses. Within fifteen (15) days, a developer must pay or reimburse all tenant expenses reasonably incurred in moving from or returning to the unit under an extended lease. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-13. Payment instead of extended lease.
   (a)   Payment required. A developer must pay to a low-income senior or low-income handicapped tenant an amount equal to three (3) months' rent for the unit of the tenant if:
      (1)   The tenant chooses not to accept a lifetime extended lease; or
      (2)   The developer does not offer the tenant a lifetime extended lease because the number of extended lease units exceeds twenty (20) percent of the cooperative units.
   (b)   Payment. A developer must pay a tenant under this section before the following, whichever occurs first:
      (1)   An increase in the rent of the tenant or a change in a material term in the lease; or
      (2)   Thirty (30) days after the developer makes the last extended lease with an eligible tenant. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-14. Payment for relocation.
   (a)   Payment required.
      (1)   If a tenant leaves after receiving notice of tenant rights under section 11C-23, the developer must pay the tenant for relocation under this section in addition to a payment instead of an extended lease under section 11C-13.
      (2)   Under this section, the developer must pay a tenant for relocation whether the tenant leaves voluntarily or at the request of the developer.
   (b)   Amount of payment.
      (1)   If a tenant is low-income, the relocation payment under this section is:
         (i)   Three hundred seventy-five dollars ($375.00), which the developer must pay by the time the tenant leaves the unit; and
         (ii)   Reimbursement for moving expenses in excess of three hundred seventy- five dollars ($375.00) up to seven hundred fifty dollars ($750.00), which the developer must pay within thirty (30) days of receiving a written request from the tenant.
      (2)   If a tenant is not low-income, the relocation payment under this section is reimbursement of moving expenses up to seven hundred fifty dollars ($750.00), which the developer must pay within thirty (30) days of receiving a written request from the tenant.
   (c)   Written request for moving expense. Before a developer must reimburse a tenant for moving expenses under this section, the tenant must give the developer a written request and reasonable evidence for reimbursement within thirty (30) days after moving. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-15. Lease terms for tenants who are not under extended leases.
   (a)   Eviction after tenant given notice to leave. After a developer gives notice of tenant rights under section 11C-23, the developer may give a tenant notice to leave before expiration of one hundred eighty (180) days if the tenant fails to leave the unit by the end of thirty (30) days' notice given to the developer under section 11C-10.
   (b)   Leases that would expire. If a lease expires during the one-hundred-eighty-day period after notice of tenant rights under section 11C-23, a developer must offer that tenant an extended lease term lasting at least until the end of the one-hundred-eighty-day period without changing other provisions of the lease. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-16. Transfer of membership for unit under extended lease.
   (a)   Right to transfer. A developer may transfer a membership for a unit under an extended lease after the developer gives:
      (1)   The tenant with the extended lease notice of the transfer of the membership; and
      (2)   The purchaser of the membership written disclosure that the unit is under an extended lease required under this chapter.
   (b)   Continuation of extended lease. If there is a transfer of a membership for a unit under an extended lease, the extended lease continues regardless of cooperative corporate documents that prohibit or restrict occupancy by a person other than the member. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-17. Tenant right to purchase membership.
   (a)   Offer required. Before a developer makes a subscription agreement for a unit or evicts a tenant to sell a membership for the unit of the tenant, the developer must:
      (1)   Notify the tenant of the price and other material terms of sale in the same manner as this chapter requires for other purchasers; and
      (2)   For at least sixty (60) days, offer the membership for that unit to the tenant.
   (b)   Offer if unit is changed. If a conversion plan significantly changes the dimensions of a unit, the developer must offer the tenant of that unit a membership for a unit of comparable size and location. (1985 L.M.C., ch. 39, § 1.)
Sec. 11C-18. County and tenant right to purchase rental property.
   (a)   Definitions. In this section, the following words have the meanings indicated.
      (1)   Rental property.
         (i)   "Rental property" means real property that includes one (1) or more structures or other improvements that are operated as a single entity.
         (ii)   "Rental property" does not include a transient facility such as an apartment hotel, boardinghouse, tourist home, inn, motel, hotel, school dormitory, hospital or medical facility, or a facility operated for religious or charitable purposes.
      (2)   Tenant organization. "Tenant organization" means an association of resident tenants of a rental property that the Department certifies as representing at least 30 percent of the occupied units or 5 units, whichever is greater.
   (b)   Requirements before transfer. Before an owner transfers a rental property or more than 10 units, the owner must:
      (1)   Offer the rental property for sale to the county, its designated housing agency, and a certified tenant organization within the rental property at a fair market price and at material terms that are at least as favorable as those offered to or accepted from a third party purchaser. The owner must continue this offer for at least sixty (60) days from the latest date the offer is received by the county, its designated housing agency, or the tenants of the facility; or
      (2)   (i)   Notify the Department in writing that the transfer of the rental property is not for the purpose of cooperative conversion; and
         (ii)   Comply with the requirements of either Chapter 11A or 53A.
   (c)   Exercise of right to purchase. An owner must sell the rental property to the County, its designated housing agency, or the tenant organization if the County, agency, or organization:
      (1)   Signs a purchase contract that contains substantially the same price and material terms as the offer of the owner, except for the period by which the parties must settle;
      (2)   Secures financing within one hundred eighty (180) days from the beginning of the sixty-day offer period; and
      (3)   Settles on the contract within one hundred eighty (180) days from the beginning of the sixty-day offer period.
   (d)   Extension of time. The owner and the County, its designated housing agency, or the tenant organization may agree to extend the time for securing financing or settlement without liability to another purchaser.
   (e)   Other contract rights. A purchase contract or the transfer of title for a rental property to a party other than the County, its designated housing agency, or a tenant organization is contingent upon compliance by the owner with this Chapter. (1985 L.M.C., ch. 39, § 1; 1996 L.M.C., ch. 13, § 1.)
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