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 Montgomery County
 Code
 Part II. Local Laws, Ordinances, Resolutions, Etc.
 Chapter 39. Rat Control. [Note]

  § 39-4. Rat infestations prohibited; notice of violation; extermination by director; appeal from order of director.  

Latest version.
  • 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 director of the department of health shall, by inspection, determine that a rat infestation exists or that conditions contributing to rat infestation 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:
    1. Be in writing.
    2. Contain an outline of remedial action.
    Such actions may include but are not limited to extermination, removal of food sources, removal of harborage and ratproofing of buildings.
    3. Require that any remedial action by initiated within forty-eight (48) hours from the receipt, unless in the opinion of the director conditions require a lesser or greater period of time.
    4. Allow a reasonable time thereafter for completion of the remedial action.
    5. Be served upon the owner. A notice and order shall be deemed to be properly served if a copy thereof is delivered to him personally or if a copy thereof is sent by certified mail to his last-known address or address on the assessment records of the county; or if a copy thereof is posted in a conspicuous place in or about the property affected by the notice; or if he is served with such notice by any other method authorized under the laws of this state.
    (b) If an owner, on whose property evidence of rat infestation exists, fails to initiate extermination of the rats within the time specified in the order from the director or fails to exterminate the rats within a reasonable time after initiating extermination, the director shall be empowered to enter upon such premises for the purpose of extermination of the rats; and the cost of extermination shall be a debt due to the county and shall be collected as other debts. The director is further empowered to contract with commercial exterminators for summary abatement of rodent infestations.
    (c) The county board of appeals shall be empowered to hear testimony and decide all appeals taken from order or actions of the director under this chapter. Any persons aggrieved by an order or action of the director made under this chapter may appeal to the county board of appeals within ten (10) days of such order or action. Upon notice, after hearing, the board shall have authority to affirm, modify or reverse the order or action of the director. Such appeal shall not stay execution of the order or action unless the board, upon application, shall grant a stay for such order. (1971 L.M.C., ch. 48, § 1; 1972 L.M.C., ch. 16, § 13; 1981 L.M.C., ch. 4, § 1.)