2890 County Local Laws
j. Rat Proofing. Shall mean changing structural details and
sealing openings to prevent or render more difficult the entry of rats
into buildings.
11A—2. Applicability of Chapter
This Chapter shall be effective throughout Montgomery County.
11A—3. Inspections by Health Officer; when warrants required;
right of entry.
The Health Officer is authorized and directed to take such actions
as are necessary to identify and eliminate rat infestations and to
require the correction of conditions contributing to rat infestations.
a. The Health Officer is hereby authorized and empowered to
enter onto any property in the County for the purpose of making
inspections to determine the existence of a rat infestation. Prior to
such inspection, the Health Officer shall give notice either orally or in
writing of his intention to conduct an inspection and obtain the con-
sent of the owner to the inspection. The Health Officer is empowered
to enter property for inspection without prior notice where an
emergency exists or the property is open to the public.
b. If the owner refuses to consent to such inspection, the Health
Officer shall, prior to any entry or inspection, obtain a warrant for
such inspection. The warrant shall be obtained by a written applica-
tion, signed and sworn to by the Health Officer, setting forth the
purpose of the inspection and the address or location of the dwelling
or property to be inspected. When, upon such application, it shall
appear to any judge of the Circuit Court of Montgomery County or to
any judge of the People's Court or District Court for Montgomery
County or to any committing magistrate of Montgomery County that
there is probable cause to believe that there is a violation of any
provision of this Article, then such judge or committing magistrate
may forthwith issue a warrant directed to the Health Officer authoriz-
ing him to enter and inspect such property. The warrant shall state
that any inspection made thereunder shall be made within thirty
calendar days from the date of issuance thereof, and after the expira-
tion of such thirty day period, the warrant shall be void.
11A—4. Rat Infestations Illegal; Notice of Violation; Extermina-
tion by Health Officer; Appeal from order of Health Officer.
It shall be unlawful for any owner to allow his property to be
infested with rats or to be in such condition as to contribute to
existing or potential rat infestations.
a. When the Health Officer shall, by inspection, determine that
a rat infestation exists or that conditions contributing to rat infesta-
tions exist, he shall give notice of such infestation or condition, and
shall issue an order of action to be taken. Such notice and order
shall:
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