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§ 91.18 VIOLATIONS.
   It shall be a violation of this subchapter for any person to allow any condition or situation constituting a public nuisance and/or community decay, as defined herein, within the boundaries of the town.
(Ord. 344, passed - -2021)
§ 91.19 ENFORCEMENT; COMPLAINTS; NOTICE OF VIOLATIONS.
   (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)
§ 91.20 COLLECTION OF COSTS.
   (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)
§ 91.21 SALVAGE YARDS; ZONING MITIGATION.
   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)
§ 91.22 COMPATIBILITY OF REGULATIONS.
   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)
NOXIOUS WEEDS
§ 91.35 NOXIOUS WEEDS A NUISANCE.
   It shall be unlawful for any person owning, occupying or controlling any lots within the town and its additions, to permit any weeds or grasses mentioned in this subchapter to grow rank and bloom or to remain thereon, or to produce such seed on such lots or upon the public streets or alleys adjoining said lots.
(Prior Code, § 7.06.010) Penalty, see § 91.99
§ 91.36 DEFINITIONS.
   The terms WEEDS OR GRASSES, as used in this subchapter, shall mean any plant which is ordinarily grown without cultivation and is not grown for the purpose of landscaping or food production; except that, lawns shall be included in the term weeds for the purposes of height control as set out in § 91.37 of this chapter.
(Prior Code, § 7.06.020)
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