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The city adopts by public ordinance the current edition of the international energy conservation code, 2003 edition, as provided in ARM 24.301.161, and all accompanying appendices, amendments and modifications adopted by the building codes bureau, Montana department of labor and industry, except any fee schedules for building and other permits, as published in the administrative rules of Montana. This code is applicable to all new building construction within the city limits. (Ord. 852, 2-21-2006)
The city adopts by public ordinance the accessibility rules and all accompanying appendices, amendments and modifications adopted by the building codes bureau of the Montana department of labor and industry, as published in the administrative rules of Montana, and as published in ARM sections 24.301.901 through 24.301.905. These rules establish the accessibility requirements to ensure newly constructed public buildings and certain altered public buildings are readily accessible and usable by persons with disabilities within city limits. (Ord. 852, 2-21-2006)
The city adopts by reference the current edition of the uniform code for the abatement of dangerous buildings, except any fee schedules for building and other permits set forth therein, published by the International Conference of Building Officials, as the code is adopted and amended by the building codes division of the Montana department of commerce, as and for the rules, regulations and conditions governing the repairs, replacement or demolition of dangerous buildings within the limits of the city, as well as within the extraterritorial zoning jurisdiction area of the city. (Ord. 835, 6-22-1999)
The city adopts by reference the current edition of the uniform code for building conservation, except any fee schedules for building and other permits set forth therein, published by the International Conference of Building Officials, as the code is adopted and amended by the building codes division of the Montana department of commerce, as and for the rules, regulations, requirements and conditions governing the conservation of existing building, within the limits of the city, as well as within the extraterritorial zoning jurisdiction area of the city. (Ord. 835, 6-22-1999)
Building permit fees issued under this Chapter shall be set from time to time by Resolution of the City Council. The office of the Director of Public Works will maintain a copy of the current building permit fees on file and open for public inspection during normal business hours. (Ord. 835, 6-22-1999; amd. Ord. 921, 5-17-2021)
The technical codes and standards adopted by reference in this chapter are applicable to all buildings within the building code enforcement area of the city of Havre, Montana, including, without limitation, residential buildings containing less than five (5) dwelling units or their attached to structures, any farm or ranch building, and any private garage or private storage structure used only for the owner's own use as provided by section 50-6-102(1)(a), Montana Code Annotated. (Ord. 835, 6-22-1999)
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)