Evening star., 1949-03-02
Parks Unit Held
Not Enforcing
County zoning
Montgomery Council,
Commission Officials
Clash on Agreement
By John V. Horner

Differences between the Mary
land-National Capital Park and
Planning Commission and the
Montgomery County Council ap-
peared sharper than ever today
after an exchange between Off
cials over zoning law enforcement.
J. Bond Smith, attorney for the
commission, implied that the
council is running out" from an
agreement under which Zoning
violators were to be prosecuted.
His statement to The Star came
as a reply to charges leveled yes
terday at a Council meeting in
Rockville.
Council President Frederic P.
Lee said he was suspicion" that
the Park and Planning Commis-
sion has no intention of enforcing
the laws. Councilman Lewis Meri-
am said violations were fragrant
and OPEN" and Councilman j..
Douglas Bradshaw declared that
Mr.. Smith had been something
less than candid" in promising to
deal with the violators.
Council Seeks Control.
The question of zoning enforce
ment is burning issue in Mont
gomery. The Council agrees with
complaining citizens that little or
nothing is done about violations
and blames the Park and Plan
ming Commission for that state
of affairs. 1t is backing legisla-
ton before the General Assembly
which would give the Council COM
plete jurisdiction over building in
spection, electrical inspection and
zoning in all parts of the county.
Under existing law, the Park
and Planning Commission has
this authority for metropolitan
sections of Montgomery and
Prince Georges. The commission
is fighting the proposed legisla-
ton.
Mr.. Smith said in his reply to-
day that there should be no "Sus-
picion" regarding his agency's in
tentions. because it had been
agreed that the commission would
enforce zoning laws if Montgom-
cry County would bear the cost.
IF anybody is running out on
our agreement, he stated, "it is
not the Park and Planning Com
mission but the County Council.
I don't know why we should be
expected to pay the full costs of
enforcement when the Council
enacts the zoning ordinances.
Scent Tax Cited.
On behalf of the Council, Mr..
Lee declared that the Park and
Planning Commission obtains
enough money from a special
Scent tax in the Metropolitan
Area to handle enforcement. He
observed that higher assessments
this year will give the commission
some $4,000 more than previ-
ously.
THE Scent levy is for admin
strative purposes" said Mr.. Lee.
THE commission has charge Of
all building inspection. The pur-
pose of inspection is to require
compliance with the law. En-
Iforcement therefore goes hand in
hand with inspection. And en-
forcement now is an administra-
tive function of the commission" "
Other county officials stated
that if Montgomery made special
appropriation for zoning enforce
ment, the money would have to
come from the county's general
fund. Since this revenue is
raised by taxes on persons
throughout the county, they ex-
pressed doubt regarding the legal
ity of an appropriation to a BIZ
county agency with limited service.
On the other hand, Mr.. Smith
contended that his commission IS
empowered to make recommended
tionS about Zoning.
THE council enacts the Zoning
laws" he said. why should the
commission bear the expense OF
enforcement"