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Any codes or amendments adopted by the building codes bureau which apply to local government jurisdictions, including the adoption of the latest editions of the model technical codes or applicable administrative rules of Montana, shall become effective in the city upon order of the mayor within ninety (90) days after the date that the bureau notifies the city of said amendments. (Ord. 846, 2-18-2003)
The adoption of this code by the city is not an assumption of any liability by the city to any permittee of this code or to any third person by reason of the inspection, failure to inspect, issuance or nonissuance of any certificate under this code, approval or disapproval of any equipment or process authorized by this code. This code shall not be construed to hold the city or any officer or employee liable for any damage to persons or property for any matters regulated by this code. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects. (Ord. 846, 2-18-2003)
(A) Purpose and Intent: Abandoned structures left boarded up over a significant period present a threat to the health, safety and welfare of the community and reduce the value of adjoining properties. Standards for long term security of abandoned, boarded up structures established in this section will help improve the appearance of these structures and preserve neighborhood property values.
(B) Definitions. For the purposes of this section the following definitions shall apply:
ABANDONED STRUCTURE: | A structure that has remained unoccupied and one or more utilities, including but not limited to gas, electricity, and water, have been disconnected for a period of at least three hundred sixty-five (365) days. |
ABATE: | To repair, replace, remove, destroy, or otherwise remedy the condition in question by such means, in such a manner and to such an extent that is determined necessary in the interest of the health, safety and general welfare of the affected community. |
BOARDED UP: | The use of materials unrelated to the structure’s exterior finish, such as plywood, oriented-strand board (“OSB”), plastic, metal, or canvas, to secure openings in an abandoned structure. |
OWNER: | The title owner(s), contract purchaser, or any other person or representative of any entity which holds a legal or equitable interest in any parcel. |
OWNER’S AGENT: | The statutory agent such as, but not limited to a legal guardian, conservator, person with durable power of attorney, or property manager. |
(C) Abandoned Structure - Temporary Boarding.
1. Temporary boarding of window, doors openings. Window or door openings on an abandoned structure may be boarded up for no more than one hundred eighty (180) days. Boards shall consist of a single sheet of OSB or plywood large enough to completely cover the window or door opening. The boards shall be attached with wood screws that are not common Phillips-head or slotted-head screws, such as hex or beveled-head screws.
2. Boarded window and door openings - board replacement. The boards on window and door openings shall be replaced within one hundred eighty (180) days of installation with properly installed, tight-fitting, and secure windows and doors.
(D) Enforcement. Upon written or oral complaint of any citizen so affected by an alleged violation of the provisions in this Section, or if a code enforcement officer becomes aware of a condition or situation that may constitute a violation of the provisions in this ordinance, the officer shall investigate the condition or situation within a reasonable period of time. The officer shall determine whether such condition or situation violates the provisions of this Section. If the officer finds that there exists a violation, such officer shall give written notice in person or by certified mail to the owner of the premises and the owner’s agent of the specific nature of the violation, the specific condition to be abated and the specific abatement required. Unless otherwise specified, the owner of the premises or the owner’s agent shall have sixty (60) days from the date of personal delivery or mailing to voluntarily abate the violation.
(E) Violations. Failure to voluntarily abate an abandoned, boarded up structure within the time specified in the notice to abate is a violation of this Section, a misdemeanor, and is punishable by civil penalties as specified elsewhere in this code. Each day that the violation continues is a separate offense and shall be punished accordingly.
(F) Effective date. This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law.
(G) Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provisions or application, and, to this end, the provisions of this ordinance are declared to be severable. (Ord. 922, 11-1-2021)