(A) Adoption Of Building Codes: The current editions of the building codes and all accompanying appendices, amendments and modification adopted by the building codes bureau, Montana department of labor and industry (or its successor), as set out in the administrative rules of Montana, as amended from time to time by the building codes bureau, shall be adopted by reference by administrative order of the public works director as authorized by section 50-60-301(1)(b), Montana Code Annotated except for any exceptions noted in this chapter or any regulations not applicable to local government jurisdictions. These codes are applicable to all buildings within the building code enforcement area of the city of Lewistown, Montana, including, but not limited to, 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 50-60-102(1)(a), Montana Code Annotated.
1. The adopted building codes shall regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the city and its jurisdictional area, providing for issuance of permits and collection of fees and penalties.
2. One copy of each code shall be on file in the office of the city clerk.
3. 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 public works director within ten (10) days after the date that the bureau notifies the city of the amendments.
(B) Abatement Of Dangerous Buildings Code Adopted: The uniform code for the abatement of dangerous buildings, 1997 edition, is adopted.
(C) International Energy Conservation Code Adopted: The 2003 edition of the international energy conservation code, regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems in the city of Lewistown and providing for the issuance of permits and collection of fees therefor is adopted.
(D) International Existing Building Code Adopted: The 2003 edition of the international existing building code, regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, in the city of Lewistown and providing for the issuance of permits and collection of fees therefor is adopted.
(E) Penalties: Any person who shall violate any of the provisions of these codes hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city commission or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00) or by imprisonment for not less than three (3) days nor more than thirty (30) days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; all of such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions.
(F) Repeal Of Conflicting Ordinances: All former ordinances or parts thereof conflicting or inconsistent with the provisions of this chapter are hereby repealed.
(G) Severability: If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this chapter which may be given effect without the invalid provisions or application, and, to this end, the provisions of this chapter are declared to be severable.
(H) Date Of Effect: This chapter shall take effect and be in force thirty (30) days from and after its passage and approval on second reading. (Ord. 1701, 2-7-2005)