§ 24-98. Violations/enforcement.

(a)

Violations. Any person, partnership, association, company, corporation or individual who violates, disobeys, omits, neglects or refuses to comply with the provisions of these regulations shall be deemed guilty of a misdemeanor offense, and upon conviction thereof, shall be punished as prescribed below. Each day a violation of these regulations remains after notice to the offending party, as described below, shall constitute a separate misdemeanor offense. A person violates these regulations whenever he or she:

(1)

Proceeds with an activity for which a permit is required by these regulations without having obtained a permit;

(2)

Makes any misrepresentation in any application for a permit required by these regulations;

(3)

Fails to fulfill any condition imposed on the approval of a permit;

(4)

Fails to maintain any improvement required for compliance with these regulations or any permit granted under these regulations;

(5)

Engages in the development of land in any way not consistent with the requirements of these regulations;

(6)

Obscures, obstructs, removes or destroys any notice required to be posted or otherwise given under the terms of these regulations;

(7)

Fails to comply with any lawful order issued under the authority of these regulations; or

(8)

Disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of these regulations.

(b)

Responsibility for violations. The following persons may be jointly or severally responsible for violations of these regulations and subject to its enforcement provisions (also referred to as responsible party):

(1)

Any owner of property on which a violation occurs;

(2)

Any architect, engineer, planner, surveyor, builder, contractor, agent or any other person who knowingly participates and assists, directs, creates or maintains a situation that constitutes a violation of these regulations; and

(3)

Any tenant or occupant who has control over or responsibility for, use or development of the subject property.

(c)

Enforcement process. The process for enforcement of these regulations shall be as described here.

(1)

The administrator shall notify the occupant (and owner, if they are not the same) of the violation by certified mail and/or posting on the site. The notice shall describe the violation, cite the section(s) of these regulations being violated, and order the responsible party to attain compliance within 30 days.

(2)

The notice of violation may order an activity or work to cease, state the specific activity to be stopped, the specific reasons for the ordered stoppage, and the conditions under which the activity may resume. If the activity does not cease, the administrator shall ask the city attorney to take prompt action as authorized by MCA 76-2-308, to end the violation, obtain applicable penalties, and to require restoration of the site to its original condition. Restoration may include re-establishment of vegetative cover where sites have been graded in violation of these regulations.

(3)

Any person who receives a notice of violation may:

a.

Request inspection by the administrator to show that compliance has been attained within the 30 days allowed, or

b.

File a notice of appeal of the administrator's notice, following the procedure in section 24-93.

(4)

If voluntary compliance is not attained or a notice of appeal is not filed within 30 days, the administrator shall ask the city attorney to begin legal action, as authorized by MCA 76-2-308 and 76-2-315, against any responsible party who fails to attain compliance within the specified time, or show, on appeal, that a violation has not occurred.

(5)

This enforcement procedure may be accelerated where the administrator finds that public health and safety are endangered by a violation. In such cases, the administrator shall ask the city attorney to take immediate action to end the danger to public health and safety.

(d)

Penalties.

(1)

Penalties for zoning violations shall be as provided in MCA 76-2-315.

(2)

Zoning violations are misdemeanor offenses, and upon conviction, a guilty party is subject to a fine of up to $500.00, or imprisonment in the county jail not exceeding six months, or both.

(3)

Any person who violates these regulations may be required by court order or other action or proceedings to abate or remediate a violation or otherwise restore the premises to the condition in which it existed before the violation.

(4)

In addition to fines and imprisonment, the city is empowered to provide for civil penalties for violations. Such civil penalties are as follows:

a.

For a first violation, a civil penalty of not more than $500.00 shall be imposed.

b.

For each repeat violation, a civil penalty not to exceed $1,000.00 shall be imposed.

(e)

Withhold permit, utilities service or other development authorization.

(1)

The administrator, board of adjustment, city council or other authorized party may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements on property upon which there is an uncorrected violation of a provision of these regulations or of a condition or qualification of a permit, certificate, approval or other authorization previously granted. This enforcement provision may be applied regardless of whether the current property owner or applicant is responsible for the violation in question.

(2)

The administrator, board of adjustment, city council or other authorized party may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of these regulations or a condition or qualification of a permit, certificate, approval or other authorization previously granted. This enforcement provision may be applied regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a "person" is defined as any individual or business entity with more than a 20 percent interest in the subject property.

(3)

No municipal utility service shall be provided to any development that is not in compliance with these regulations.

(Ord. No. 1306 , § 1(Exh. A) 11-9-16)