(a) Severe conditions. If the enforcing agency finds that immediate action is needed to protect the public health and safety as a result of a violation of this Chapter, Chapter 22, Chapter 8, or Chapter 17, the enforcing agency may, without notice, conference, or hearing, order the owner to correct or abate the violation.
(1) The order must be hand-delivered to the owner. If the order cannot be hand- delivered, the order must be posted on the property in a conspicuous location on or near each dwelling or nonresidential structure affected by the order.
(2) If the owner does not abate or correct the violation as directed after the order is delivered or posted, the enforcing agency may take any action reasonably necessary to abate or correct the condition or may contract to have the necessary action taken.
(3) If an enforcing agency proposes to take any action under this subsection that would directly affect any building or structure which has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, the enforcing agency must make its best effort to consult with the Chair of the Planning Board or the Chair’s designee before the enforcing agency removes the building or structure, substantially alters any exterior feature, or contracts to do either.
(b) Violation, affect on adjacent property. If an enforcing agency finds that any violation of this Chapter affects neighboring properties or the health or safety of the occupants or the public, the enforcing agency may order necessary actions by notice and service under subsection (a). If the actions are not taken in the time and manner prescribed, the enforcing agency may authorize an officer, agent or employee of the County, or a contractor, to execute the order.
(c) Costs charged to owner. The owner is liable to the County for all reasonable and necessary costs the County incurs as a result of an action taken under subsection (a) or (b). The costs constitute a debt owed the County and may be placed on the tax bill as a lien on the property and collected as ordinary taxes are collected, or collected as any other debt. (1972 L.M.C., ch. 12, § 6; 1972 L.M.C., ch. 16, § 13; 1979 L.M.C., ch. 53, § 1; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; 1993 L.M.C., ch. 26, § 6; 1994 L.M.C., ch. 8, § 1; 2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-19, “Emergency and corrective actions,” was repealed, reenacted with amendments, renumbered § 26-15, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
Editor’s note—Former § 26-15, relating to appeal from decisions of housing board of review, derived from Mont. Co. Code 1965, § 91-13; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1, and 1993 L.M.C., ch. 26, § 3, was repealed by 1994 L.M.C., ch. 8, § 1.