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(a) Conditions for waiver. An enforcing agency may waive any provision of this Chapter with respect to an owner occupied dwelling unit if:
(1) no violation presents an immediate danger to the health, safety, or welfare of an occupant of a dwelling or the public; and
(2) (A) the property owner is experiencing extreme financial hardship, has insufficient resources, and cannot obtain financing to rehabilitate the dwelling to comply with this Chapter;
(B) physical conditions of the site or other conditions beyond the owner’s control make it impossible to bring the dwelling into compliance with this Chapter; or
(C) legal or other unusual constraints, such as unclear title or a probate dispute, prevent or delay the owner from bringing the dwelling into compliance with this Chapter.
(b) Revocation of waiver. An enforcing agency may revoke a waiver if:
(1) a danger to health, safety or welfare is presented or would be presented if the waiver continued; or
(2) the circumstances that justified the waiver change.
(c) Limit of waiver. Nothing in this Section prevents the reasonable enforcement of this Chapter or alleviates the requirement to maintain each dwelling, dwelling unit, and nonresidential structure in as sanitary and healthful condition as possible. (Mont. Co. Code 1965, § 91-15; 1970 L.M.C., ch. 21, § 1; 1972 L.M.C., ch. 12, § 5; 1972 L.M.C., ch. 16, § 13; 1976 L.M.C., ch. 5, § 1; 1978 L.M.C., ch. 14, § 1; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; 2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-16, was repealed, reenacted with amendments, and renumbered § 26-17, pursuant to 2002 L.M.C., ch. 15 , § 1.
Editor’s note—Former § 26-17, “Effect of Chapter on other laws,” was repealed, re-enacted with amendments, renumbered § 26-4, and retitled pursuant to 2002 L.M.C., ch. 15 , § 1.