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The County Executive may adopt regulations under method (2) to administer this chapter. (1989 L.M.C., ch. 21, § 1.)
Editor's note-Section 58-2 originally related to the applicability of this chapter within municipalities and was derived from Mont. Co. Code 1965, § 116-2, and 1972 L.M.C., ch. 3, § 1. It was repealed by § 35 of 1985 L.M.C., ch. 31. See § 1-203. Prior to the repeal of §58-2 in 1985, that section was cited in Washington Suburban Sanitary Commission v. Elgin, 53 Md.App. 452, 454 A.2d 408 (1983). Subsequently, 1989 L.M.C., ch. 21, § 1, added a new § 58-2.
An owner, lessee, agent, and any other person in charge of land in a subdivision or within 100 feet of a subdivision must not allow:
(a) The generalized growth of any weed; and
(b) Any generalized plant growth more than 12 inches high within 15 feet of any property boundary. Generalized plant growth does not include trees, ornamental shrubs, flowers, or garden vegetables. (Mont. Co. Code 1965, § 116-3; 1972 L.M.C., ch. 3, § 1; 1977, L.M.C., ch. 40, § 2; 1989 L.M.C., ch. 21, § 1.)
(a) If the owner, lessee, agent, or person in charge fails to comply with section 58-3, the director may:
(1) Notify the owner in writing of the conditions existing on the land and the requirements of this chapter; and
(2) Direct the owner to comply with section 58-3 within 10 days after receiving the notice.
(b) The notice may be personally served or may be mailed to the address of the owner shown on the assessment records of the County. (Mont. Co. Code 1965, § 116-4; 1972 L.M.C., ch. 3, § 1; 1989 L.M.C., ch. 21, § 1.)
(a) If the owner to whom a notice issued under section 58-4 is directed does not comply within 10 days, the director may:
(1) Remove any generalized growth of weeds; or
(2) Cut any generalized plant growth within 15 feet of the boundary of the land.
(b) If the director removes any generalized growth of weeds or cuts any generalized plant growth, the landowner must pay the reasonable cost. The county may collect the cost:
(1) As a lien against the land on the property tax bill; or
(2) In any other way legally available for collection of debts owed the County. (Mont. Co. Code 1965, § 116-5; 1972 L.M.C., ch. 3, § 1; 1989 L.M.C., ch. 21, § 1.)
Editor’s note—2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
Former Section 58-6, Appeals, derived from Mont. Co. Code 1965, § 116-6; 1972 L.M.C., ch. 16, § 5; 1989 L.M.C., ch. 21, § 1, was repealed by 2011 L.M.C., ch. 17, § 1.
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