The mitigation of the above prohibited conditions shall be accomplished under the provisions of this section.
A. Within ten (10) days of receiving a written complaint that a prohibited condition exists, the Community Development Department shall conduct an inspection of the property alleged to be in violation of this chapter to determine whether there is, in fact, a violation.
B. If it is determined that there is a violation of this chapter, the Community Development Department shall notify the owner of the property of the violation, in writing and by certified mail, and order the mitigation of the violation or the submission of a plan for mitigation within thirty (30) days. The notice of violation shall:
1. Include a statement specifically describing the violation;
2. Specify that the owner of the property has thirty (30) days from receipt of such notice to bring the property into compliance or to submit a plan to comply with this chapter by means of removal, screening, or mitigation of the condition(s); and
3. Advise the owner of the property that if the violation is not mitigated, the City may request the Municipal Court Judge to order mitigation of the violation and if the owner fails to comply with that order, the owner may be charged with contempt of court and the City will be authorized to enter the property to effect the mitigation of the violation at the owner's expense.
C. The owner of the property may, after receipt of a notice of violation, submit a plan of mitigation to the Community Development Department which shall include:
1. The type of screening or mitigation to be undertaken;
2. The date for commencement of action, which shall not exceed a total of ninety (90) days; and
3. The date for completion of the mitigation.
The Community Development Department may accept such a plan and defer further proceedings under this chapter pending mitigation.
D. After thirty (30) days, or the date agreed to by the property owner and the Community Development Department, the department shall determine whether the violation has been mitigated.
E. When enforcing this chapter, the City shall pursue civil mitigation procedures.
F. If the owner fails to act or the violation has not been mitigated, the City Attorney may file a petition with the Municipal Court requesting an order requiring the owner to mitigate the violation and, if the owner fails to comply, authorizing the City to enter the property and mitigate the violation at the owner's expense.
G. At the hearing so scheduled, both the property owner and the City shall have the opportunity to give evidence. After the hearing, the Judge shall determine if proper notification was made to the property owner and whether a violation exists.
H. If the Judge finds, by a preponderance of the evidence, that a violation does exist and that proper notification was given, the property owner shall be ordered to mitigate the violation within a reasonable, specified time. In addition, the Judge may authorize the City to enter the property and mitigate the violation at the expense of the owner if the owner does not comply with the court-ordered mitigation.
I. The City may bill the property owner for the actual costs of mitigation performed by the City pursuant to court order. If the property owner fails to reimburse the City, the City may seek a default judgment from the Helena Municipal Court. (Ord. 3227, 5-8-2017)