Montgomery County                               2439

and burned. If the owner shall appear before the County Forester pursuant
to the notice, the County Forester may thereafter withdraw his original
directive or may issue a final order directing such person to remove and
burn the tree within five days from the issuance of such order. Upon
failure of any person to comply with such final order, the County shall
cause the tree described in such order to be removed and burned.

Section 2. Section 113-7, Chapter 113, titled "Elm Disease," of the
Montgomery County Code 1965, is hereby repealed and re-enacted, with
amendments, to read as follows:

113-7. Same—Right of aggrieved persons to hearing before Board of
Appeals.

Any person who feels aggrieved by any final order issued by the County
Forester pursuant to the provisions of the three preceding Sections, may,
within five days after issuance of such order, petition the County Board
of Appeals in writing for a hearing. Within ten days after receipt of
such petition, the County Board of Appeals shall, after due notice to all
interested persons, hold such a hearing, after which it may affirm, modify
or reverse the order of the County Forester. No enforcement action shall
be taken, nor shall any tree be removed or burned by the County in any
instance during the period within which an appeal to the County Board
of Appeals may be taken or pending final action by the County Board of
Appeals if a hearing is requested as provided above.

Section 3. Severability.

The provisions of this Act are severable and if any provision, sen-
tence, clause, section or part thereof is held illegal, invalid or unconstitu-
tional or inapplicable to any person or circumstances, such illegality, invalid-
ity, or unconstitutionally, 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, sec-
tion or part had not been included therein, and if the person or circum-
stances to which the Act or any part thereof is inapplicable had been
specifically exempted therefrom.

Section 4. Effective Date.

This Act shall take effect on December 7,1970.

Chapter 27
(Bill No. 18-70)

An Act to amend Chapter 44, Section 44-3(a) and Section 44-6,
repeal Section 44-7 in its entirety, to provide that in order to obtain
tax exemption from the parking lot district tax, land and improve-
ments shall meet all of the design standards, schedules and other re-
quirements of the Off-Street Parking Requirements contained in Sec-
tion 111-27.

Be It Enacted by the County Council for Montgomery County, Mary-
land, that—