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Session Laws, 1971
Volume 707, Page 2410   View pdf image
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2410                               County Local Laws

tration 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 in-
junctions or mandamus or other appropriate forms of remedy or relief.

Section 3. Section 2-28, Chapter 2, titled "Administration," of the
Montgomery County Code 1965, is hereby repealed and re-enacted, with
amendments, to read as follows:

2-28. Procedure for adoption of rules and regulations by the County
Executive.

Rules and regulations adopted by the County Executive shall be
adopted in accordance with the following procedure:

The County Executive is authorized to adopt and enforce rules and
regulations on matters as prescribed by law. The County Executive shall
keep a record of all rules and regulations adopted in accordance with this
Section. The County Executive shall cause a true copy of every rule and
regulation adopted to be filed with the Clerk to the County Council who
shall keep a permanent record of all said rules and regulations. Rules and
regulations adopted pursuant to this Section shall have the force and
effect of law from and after the thirtieth day following their adoption,
or upon such earlier date as may be fixed upon declaration of an emergency.
Promptly following adoption and prior to the effective date the County
Executive shall cause to be published once in one newspaper of general
circulation published in the County, a brief summary of the rule or
regulation so adopted, together with a statement of its effective date and of
the place where a copy thereof may be promptly obtained. The requirement
of publication prior to the effective date shall not apply to rules or
regulations adopted upon declaration of an emergency. A summary of
emergency rules or regulations shall be published promptly after the
adoption of such rules or regulations.

Section 4. Severability.

The provisions of this Act are severable and if any provision, sentence,
clause, section or part thereof is held illegal, invalid or unconstitutional or
inapplicable to any person or circumstances, such illegality, invalidity or
unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections or parts of the Act or
their application to other persons or circumstances. It is hereby declared
to be the legislative intent that this Act would have been adopted if such
illegal, invalid or unconstitutional provision, sentence, clause, section or
part had not been included therein, and if the person or circumstances to
which the Act or any part thereof is inapplicable had been specifically
exempted therefrom.

Section 5. Effective date.

This Act shall take effect on December 7, 1970.

Chapter 20
(Bill No. 16-70)

An Act to amend Chapter 25, titled "Unsafe Buildings," of the
Montgomery County Code 1965, by repealing and re-enacting, with
amendments, Section 25-3, titled "County Manager to enforce com-
pliance with orders"; Chapter 86, titled "Fire Prevention Code," of

 

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Session Laws, 1971
Volume 707, Page 2410   View pdf image
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