(A) Generally.
(1) Formal abatement action and prosecution of the offender will commence if the nuisance persists after two weeks.
(2) Abatement may include the removal of the nuisance by the enforcement authority or his or her duly designated agent.
(B) Appeal. Any interested party may appeal the notice of violation by writing a letter of appeal to the Mayor of the city, 300 Main Street, Deer Lodge, Montana 59722. The letter must be received within ten days (exclusive of weekends and federally mandated holidays) of service of notice as delineated in § 10.08.070(A). The Mayor will present the letter to the City Council which may affirm, amend or reverse the notice.
(C) Abatement and removal. The responsible party (after service of the notice of violation is perfected as required by § 10.08.070(A) shall abate the nuisance within ten days (exclusive of weekends and federally mandated holidays). Abatement shall consist of:
(1) Providing for the current registration of each and every vehicle including the affixing the registration plate or current sticker to the vehicle;
(2) Repairing any and all conditions which cause such vehicle(s) to be a nuisance under the provisions of the municipal code;
(3) Having all of the required equipment and parts for each vehicle which was described in the notice;
(4) Removing the junk vehicle or causing the junk vehicle to be removed to a licensed dismantler, salvage yard, licensed vehicle dealer, a junk dealer, an auto body shop or to any other location; provided the same complies with all applicable provisions of the municipal code;
(5) Moving the nuisance into a closed garage or storage building; or
(6) Removing any and all other characteristics associated with the junk vehicle under
JUNK VEHICLE definition, i.e. weeds, stagnant water, garbage, contamination, danger, vermin attraction and the like.
(D) Abatement plan. The responsible party may, within ten days (exclusive of weekends and federally mandated holidays) after service of the notice of violation, submit a written plan of abatement to the Sheriff’s Department and the city.
(1) The abatement plan will include:
(a) Type of abatement plan and how the responsible party will abate the nuisance;
(b) Date action on the abatement plan will begin, along with the estimated date of completion; and
(c) If the abatement plan cannot begin within 30 days, the reason for the delay.
(2) The abatement plan must be approved by the Sheriff’s Department, with notice of approval or denial of the plan forwarded to the city.
(3) The city will expect the abatement plan to be followed as approved. It is the duty of the responsible party to inform the Sheriff’s office and the city in a timely manner of any delays or unanticipated problems.
(4) If the responsible party fails to act within the approved time frame and as per the abatement plan, the Sheriff’s office and/or the city will send notice to the City Court. The Court will then notify the responsible party of a hearing to appear and show cause why the violation has not been abated.
(Prior Code, § 10.08.080) (Ord. 1, passed 1-17-1980; Ord. 118, passed 1-7-2008)