Skip to code content (skip section selection)
Compare to:
Montgomery County Overview
Montgomery County Code
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
Sec. 26-11. Inspections; warrants; right of entry of inspectors and owners.
   (a)   Inspection by agency. An enforcing agency may inspect the condition of any dwelling, nonresidential structure, and other premises to safeguard the health and safety of occupants and the public.
   (b)   Administrative search warrant. The enforcing agency may apply to a judge of the District Court or Circuit Court for an administrative search warrant to enter any premises regulated under this Chapter to conduct a code enforcement inspection.
   (c)   Application for warrant. The applicant for the warrant must, in writing and under oath, particularly describe the premises to be searched and the nature, scope, and purpose of the proposed search.
   (d)   Grounds for issuance. A judge may issue the warrant if the judge finds that:
      (1)   the applicant is authorized or required by law to make the inspection;
      (2)   the applicant has demonstrated that the inspection of the premises is sought:
         (A)   as a result of evidence of an existing violation of this Chapter or other law; or
         (B)   as a result of a general and neutral administrative plan to conduct fire inspections or a condition of a rental property license which authorizes periodic inspections;
      (3)   the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort the applicant has been unable to contact any of these individuals for oral communication; and
      (4)   the inspection is sought for health, safety, and general welfare related purposes.
   (e)   Described premises. An administrative search warrant issued under this Section must describe the premises to be searched. The inspection must not exceed any limit specified in the warrant.
   (f)   Time period. An administrative search warrant issued under this Section must be executed and returned to the judge who issued it not later than:
      (1)   the time specified in the warrant, which must not exceed 30 days; or
      (2)   if no time period is specified in the warrant, 15 days after it is issued.
   (g)   Information confidential. Any information obtained under an administrative search warrant is confidential and must not be disclosed, except:
      (1)   in an administrative or judicial proceeding arising out of a violation relating to the purpose for which the warrant was issued and within the scope of the warrant; or
      (2)   to an owner or occupant of the premises.
   (h)   Access. Each occupant of a dwelling or nonresidential structure must give the owner access to the dwelling or nonresidential structure at all reasonable times to make repairs or alterations or take other action necessary to comply with this Chapter or an order issued under this Chapter.
   (i)   Determination of lead agency. When a violation of this Chapter also falls under the jurisdiction of another County department or office, the Chief Administrative Officer must determine which agency will investigate possible violations and enforce this Chapter. (Mont. Co. Code, 1965, § 91-4; 1972 L.M.C., ch. 16, § 3; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; 1993 L.M.C., ch. 26, § 1; 1994 L.M.C., ch. 26, § 1; 2002 L.M.C., ch. 15, § 1.)
   Editor’s note—Former § 26-4, “Inspections generally; when warrants required; right of entry of inspectors and owners,” was repealed, reenacted with amendments, renumbered § 26-11, and retitled pursuant to 2002 L.M.C., ch.15, § 1.
   Editor’s note—Former § 26-11, “Hotels, boardinghouses, rooming houses and tourist homes,” which was derived from Mont. Co. Code 1965, § 91-10; 1972 L.M.C., ch. 12, § 4; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1, was repealed by 2002 L.M.C., ch. 15, § 1.