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For the purpose of this subchapter, the following definitions shall apply unless the context clearly requires a different meaning.
ABATE/ABATEMENT. To repair, replace, remove, destroy or otherwise remedy the condition in question by the means and extent deemed necessary by the town or the Department of Public Works in the interest of the health, safety and general welfare of the community.
COMMUNITY DECAY. Conditions that are injurious to health, indecent, offensive to the senses or which obstruct the free use of property, including adjacent or nearby property, so as to interfere with the comfortable enjoyment of life or the value of any property. This definition does not apply to properly permitted construction and/or demolition projects during the time any necessary permits are in effect.
OCCUPANT. Any person, as defined herein, who is living in or using a premises as a tenant or owner, or a person who has occupancy of a premises or property. For purposes of this definition, an OCCUPANT does not need to be a tenant or owner, but can be someone living at or using a property.
OWNER. Any person whose name appears on the public records of the town and/or the county as the owner of premises, whether under deed or contract.
PERSON. Any individual, firm, partnership, company, association, corporation or other entity whether organized for profit or not.
PREMISES. Any parcel of real property, including any building or portion thereof, whether improved or unimproved.
PUBLIC RIGHT-OF-WAY. Any area of real property granted, deeded, dedicated to or otherwise acquired by the town or the public at large for any public purpose, including, but not limited to, alleys, roadways, sidewalks, public streets, water or waterways, storm drains, sanitary sewers, water pipes, electric and telephone conduits, electronic services, overhead wires and supporting structures.
PUBLIC VIEW. Any area visible from a point, up to six feet above the surface of the center of any public roadway, sidewalk or right-of-way from which a public nuisance is visible.
SHIELDING. Refers to any natural barriers, fencing or other human-made barriers used to conceal material from public view. Any SHIELDING BARRIER must conform to all local zoning regulations, building codes, covenants and applicable town ordinances. Any SHIELDING is to be of sufficient height and density to conceal any violation on the premises visible to public view. This definition is not intended to require that permanent buildings, utility poles or other similar structures be SHIELDED.
(Ord. 344, passed - -2021)
It shall be the responsibility and duty of any person owning, leasing, occupying or having charge or possession of any premises in the town, and/or the agent of such person, to maintain such premises and the right-of-way abutting such premises in a safe, sanitary, orderly, clean and aesthetic condition. Failure to do so shall be a violation of this subchapter.
(Ord. 344, passed - -2021)
(A) The following situations within the boundaries of the town are declared to be public nuisances. The existence of any of the following conditions within the boundaries of the town shall be deemed a violation of this subchapter:
(1) Any building or structure which meets the definition of an unsafe building or structure as provided in § 116 of the International Building Code, or any successor provision, as adopted by the town under § 150.15 of this code of ordinances;
(2) Any violation of the town’s subdivision and zoning laws and regulations, as may be amended from time to time;
(3) Buildings of any kind which are abandoned, boarded up, partially destroyed, structurally unstable, partially constructed and/or uncompleted buildings after building permits have expired;
(4) Buildings used for residential purposes which do not have running water, electricity and sewage/septic services. Conditions described in this division (A) shall be deemed unsanitary and hazardous to the health and public safety of the citizens of the town;
(5) Buildings with damaged and/or deteriorating exteriors causing, or having the potential to cause, dangerous structural conditions;
(6) Any condition which renders air, food or drink unwholesome, unsanitary or detrimental to health;
(7) Excessive amounts of animal waste or its byproducts and any amount of human waste;
(8) Dead animals;
(9) Any public nuisance, as defined by M.C.A. § 45-8-111, or otherwise recognized by the law as a public nuisance;
(10) Any condition which poses a fire hazard; and
(11) Any condition constituting community decay under this subchapter.
(B) The following situations within the boundaries of the town may constitute public nuisances after investigation, as provided in this subchapter:
(1) The keeping, storage, depositing or accumulation on the premises and in the public view (as defined in this subchapter) for over 30 days of any personal property or wastes, including, but not limited to:
(a) Abandoned, wrecked, dismantled or inoperative vehicles;
(b) Abandoned, wrecked or dismantled boats, vessels, all-terrain vehicles and recreational vehicles;
(c) Automotive parts and equipment;
(d) Abandoned, discarded or unused furniture, appliances, sinks, toilets, cabinets or other commercial or household fixtures or equipment;
(e) Dumping, piling or stacking of bricks; tires; iron; metal; component or machine parts; barrels; concrete blocks; wood; used road blacktop; lumber; building materials; shipping pallets; scrap metal; packing materials; junk; salvaged metal items; rubbish; debris; dirt; sand; gravel; demolition materials or wastes; and/or other similar material and residue from such items (such as mortar, containers, wood splinters and broken and unusable bricks) in public view, unless said material is stacked in neat piles and all items are, within 30 days of their placement on the premises, removed to a licensed solid waste disposal site or to some other location which has been approved by the appropriate authority;
(f) Straw, hay or grass trimmings, or similar material, unless the material is to be used as soil conditioner or mulch and, in that case; provided that, the material is plowed into the ground or otherwise mixed and covered with clean soil within 30 days of its placement on the premises; and
(g) The storage or accumulation of cardboard boxes or paper, unless the same is specifically accumulated for recycling and is removed from the premises within 30 days of its placement on the premises.
(2) Building exteriors, walls, fences, driveways or walkways which have been defaced due to any writing, inscription, scratching and/or any other marking commonly referred to as “graffiti”);
(3) Building exteriors, walls, fences, driveways or walkways which are broken, defective, deteriorated or in disrepair, if such condition has existed and persisted on the premises for a period of 30 days;
(4) Buildings with broken windows, doors, attic vents, damaged roofs or other appurtenances;
(5) Premises having a topography, geology or configuration which, as a result of grading operations or improvements to the land, experience erosion, subsidence, unstable soil conditions or surface or subsurface drainage problems potentially hazardous to adjacent premises;
(6) Abandoned, wrecked, dismantled or inoperative trailers, campers and boats, unless the same are accumulated as part of an ongoing, active salvage business located in an area properly zoned for such a business and which possess a conditional use permit; and, provided that, such materials are shielded from public view to the standards provided in this subchapter;
(7) The presence and enforcement of law with respect to abandoned vehicles is addressed in M.C.A. Title 61, Ch. 12, part 4, as may be amended from time to time, and its terms are hereby incorporated by reference;
(8) The presence and enforcement of law with respect to junk vehicles is addressed in M.C.A. Title 75, Ch. 10, part 5, as may be amended from time to time, and its terms are hereby incorporated by reference;
(9) Any condition in violation of Chapter 90 of this code of ordinances;
(10) Any condition which may otherwise cause unsanitary or hazardous conditions to exist; and
(11) Any condition which may reasonably be offensive to other persons by sight or odor and which may detract from the aesthetic qualities or economic value and vitality of any neighborhood within the town.
(C) This definition does not apply to properly permitted construction and/or demolition projects during the time any necessary permits are in effect.
(D) (1) The standards and conditions set forth in this section are not intended to be, nor shall the same be considered, the sole or exclusive standards for establishing a public nuisance.
(2) The Public Works Department has discretion to determine whether a violation of this subchapter exists.
(Ord. 344, passed - -2021) Penalty, see § 91.99
(A) Authority. The Department of Public Works shall be responsible for receiving and reviewing complaints regarding public nuisances and community decay and otherwise observing or reporting public nuisances and community decay.
(B) Inspection. Within five business days of receiving a complaint of a public nuisance or community decay, or of observing a condition constituting a potential public nuisance or community decay, the Department of Public Works shall inspect the premises containing the alleged violation. As part of its inspection, the Department of Public Works shall take photographs of the premises and shall make a written report of its findings. When appropriate, responsibility for such reports of violation, as well as subsequent inspections, shall be shared and coordinated with the County Sanitarian and/or the Building Inspector.
(C) Written notice. If, after inspecting the premises on which an alleged violation is reported or observed, the Department of Public Works finds that a violation of this subchapter exists, then, within three business days of receiving the completed investigation report, the town’s Police Department shall issue a written notice of violation. The town’s Police Department or the Department of Public Works shall determine, or cause to have determined, the owner of the premises. The notice of violation shall be served upon the owner and any occupant of the premises pursuant to the procedures set forth in this subchapter. The owner and/or occupant of the premises may request an extension of the time for abatement or mitigation in writing submitted to the Director of Public Works. The Director of Public Works shall have the authority to grant an extension of not more than 30 days in which to bring the premises into compliance. Any additional extensions, or any extensions longer than 30 days, must be approved by the Town Council. If the violation is not corrected within the time provided, a hearing shall be scheduled under the procedure set forth in division (F) below.
(D) Contents of notice of violation. The notice of violation shall contain the following:
(1) A statement specifically describing the violation;
(2) Notice that the owner of the premises has ten calendar days from the date of the notice of violation to abate or mitigate the violation, bringing the premises into compliance with this subchapter;
(3) Notice that, if the violation is not abated within ten calendar days from the date of the notice of violation, the town may undertake abatement or mitigation and assess the costs thereof to the owner of the premises;
(4) (a) Service of notice of violation. The Department of Public Works shall cause the notice of violation to be served on the owner and any occupant by: personal service; leaving a copy of the notice at the usual place of residence or business of the record owner; or sending a copy to the owner by United States certified mail, return receipt requested, or other courier (Federal Express, UPS and the like), signature required. The Department of Public Works shall also conspicuously post a copy of the notice at the premises where the alleged public nuisance or community decay exists.
(b) Service by publication. Only if service of the notice of violation is unable to be accomplished by any of the methods described in division (D)(4)(a) above, the Department of Public Works shall cause a copy of the notice of violation to be published in a newspaper of general circulation in the town once a week for two consecutive weeks and shall further cause a copy of the notice of violation to be left with the occupant or the person, if any, in possession of the premises where the alleged violation is located. The Department of Public Works shall also determine, or cause to be determined, from the County Clerk and Recorder’s office if there is a lienholder of the premises. If there is a lienholder of the premises, then the notice of violation shall also be served on the lienholder by United States certified mail, return receipt requested.
(5) The owner of the premises alleged to contain a public nuisance at the time a notice of violation is issued and served pursuant to this subchapter shall be responsible for complying with said notice of violation and shall be liable for any costs incurred by the town, including reasonable staff costs and attorney’s fees.
(E) Determination of compliance. Upon expiration of the owner’s ten-day time frame for abatement or mitigation, the Department of Public Works shall conduct an inspection of the premises to determine whether abatement or mitigation has occurred and shall prepare a report containing photographs and written findings regarding the condition of the premises.
(F) Procedure if no compliance. In the event the Department of Public Works or the town determines that no abatement or mitigation has occurred within ten days after the date of the notice of violation, the following procedure shall apply.
(1) The town may issue a civil citation to the owner and any occupant and file a copy of the same with the Municipal Court to have the violation declared as such by the court and for an order enjoining the violation or authorizing its restraint, removal, termination or abatement of the violation. The civil citation shall designate a hearing date. At the hearing, the owner shall be required to show cause why he or she should not be found to be in violation of the terms of this subchapter, be assessed a fine and be compelled by court order to abate or mitigate the violation with which he or she is charged.
(2) The owner shall file a response with the Municipal Court on or before the hearing date.
(3) (a) On the date and time set for the hearing, the Municipal Court shall conduct an evidentiary hearing to establish whether the premises is in violation of this subchapter.
(b) If the owner has filed no response and fails to appear, and if the town proves that proper service was made on the owner and any occupant, the Court may grant such relief as is requested by the town. In the event of the owner’s default, the Municipal Court shall order that the enforcement by the town be stayed for seven days and that a copy of the Court’s order be mailed to the owner.
(4) Whenever the Municipal Court shall find any person to be in violation of the terms of this subchapter, the Municipal Court shall order the owner of the premises to abate the violation to the standards set forth in this subchapter within 30 days and shall authorize the town to undertake abatement, or contract for the undertaking of abatement, in the event of the owner’s failure to comply with the terms of the Court’s order, with all Court costs, fines and costs of abatement/mitigation to be assessed against the owner of the premises, together with any fine imposed by the Municipal Court.
(G) Emergency abatement.
(1) Whenever the town or the Department of Public Works has reason to believe that a violation of this subchapter exists and that such violation constitutes an emergency presenting imminent danger of serious injury to persons or property, the Department of Public Works, an authorized representative appointed by the Department of Public Works, a town firefighter and/or a town police officer, or any other party on behalf the town, may immediately enter into any building or upon any premises within the boundaries of the town for purposes of emergency abatement.
(2) Whenever a violation of this subchapter exists which constitutes an emergency presenting imminent danger of serious injury to persons or property, the town may order, without notice or judicial action, that the violation be abated by removal, destruction or mitigation within 48 hours. If the owner or occupant fails to comply with such an order, or cannot be located, the town shall cause the structure to be demolished and removed, or the violation otherwise be abated, either through available public agency or by contract or arrangement with private persons. The cost of such abatement shall be paid by the owner of the premises upon which the violation existed, pursuant to § 91.20 of this chapter.
(Ord. 344, passed - -2021; Ord. 347, passed 9-14-2022)
(A) The town shall send the owner of the premises an abatement expense report for the premises. The expense report shall specify that any assessment that is not paid shall become a lien upon the premises and is enforceable in the same manner as the nonpayment of property taxes. A summary listing of the assessments and owners will be kept by the Clerk through June 30 of each year, and the list shall be presented to the Treasurer for billing on the next real property tax statement. The town shall determine the actual costs of abatement and document such costs.
(B) The following expenses will be assessed as the actual costs of abatement:
(1) Planning staff time, mileage and costs;
(2) Police Department staff time, mileage and costs;
(3) Other involved town staff time, including attorney’s fees, mileage and costs;
(4) Postage, mailing and publication costs;
(5) Other direct costs associated with abatement; and
(6) An interest fee of 6% per annum computed on the above costs, which will be waived if the total cost of abatement is paid within 30 days of notice.
(Ord. 344, passed - -2021)
The maintenance of conditions which would otherwise be considered a violation of this subchapter shall be lawful under this subchapter if:
(A) The premises is being used as an active, ongoing salvage business located in an area properly zoned as a salvage yard, pursuant to the town’s Zoning Ordinance, as may be amended from time to time;
(B) The owner(s) of the premises possesses a conditional use permit, pursuant to § 155.075 of this code of ordinances, as may be amended from time to time; and
(C) The condition on the premises is shielded from public view in accordance with the following standards.
(1) Erection and maintenance of fences.
(a) Wooden fences. When wooden fences are used for shielding, the boards must be spaced and/or slatted to reduce wind load. The space between boards when viewed from broadside shall not be more than one and one-half inches, and the interval between spaces shall not be less than seven and one-half inches. Rough dimension lumber or better is acceptable.
(b) Chainlink. Chainlink fences with standard fiberglass or other inserts are acceptable; provided, the gap between adjacent slats does not exceed one and one-half inches.
(c) Other types of fencing. Other types of fencing of equivalent permanence, attractiveness and shielding quantities, including corrugated metal, may also be acceptable, with the prior approval of the Department of Public Works.
(2) Alternative shielding.
(a) Shrubs and trees. Shielding with shrubs and trees is acceptable, as long as the trees and shrubs provide a similar degree of shielding at all times of the year; and, provided that, they do not violate § 154.05 of this code of ordinances.
(b) Fencing material. No more than one fencing material shall be used on any one side of a shielding barrier, unless specifically approved in writing by the Department of Public Works.
(c) Maintenance. The shielding erected for mitigation purposes shall be maintained by the owner or occupant of the premises in an appropriate and workmanlike manner and shall be replaced as it becomes necessary.
(Ord. 344, passed - -2021)
With the exception of § 91.21 of this chapter, nothing in this chapter may be construed to adversely affect the provisions of any lawful ordinance, regulation or resolution that is more restrictive than the provisions of this subchapter or those of the Montana Code Annotated.
(Ord. 344, passed - -2021)
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