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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Editor’s note—Former § 26-16, was repealed, reenacted with amendments, and renumbered § 26-17, pursuant to 2002 L.M.C., ch. 15, § 1.
Editor’s note—Former § 26-17, “Effect of Chapter on other laws,” was repealed, re-enacted with amendments, renumbered § 26-4, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
The Director may grant an owner or occupant of a residential property an extension to store an unused vehicle on residential property for more than 30 days for good cause shown. Good cause may include:
(a) the owner of the vehicle is recovering from an illness or accident;
(b) the owner of the vehicle is on a foreign assignment for the United States Government;
(c) the owner demonstrates extreme financial hardship;
(d) suspension of the driver’s license of the owner of the vehicle; or
(e) historic vehicle restoration if the owner can show that the project will be complete in a definite period of time. (2009 L.M.C., ch. 25, § 1.)
Editor’s note—2009 L.M.C., ch. 25, § 2, states: Report. The Director of Housing and Community Affairs must report to the Council on the number of waivers requested and granted under Section 26-17A for the first full year after this law takes effect.
The County Executive may adopt regulations under method (2) to administer this Chapter and adopt standards for materials and equipment. (1982 L.M.C., ch. 19, § 4; 1984 L.M.C., ch. 24, § 29; 2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-22, “Executive regulations,” was repealed, re-enacted with amendments, renumbered § 26-18, and retitled pursuant to 2002 L.M.C., ch. 18, § 1.
Editor’s note—Former § 26-18, “Repair or removal of condemned buildings or structures,” was repealed, reenacted with amendments, renumbered § 26-14, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
The Executive must submit quarterly reports to the Council that includes activities, plans, and objectives of Executive branch departments to address instances in which an aggregation of problems has led to diminished quality of life for affected residents in an affected community. Contents of the annual report can include recommendations to increase enforcement of violations of County laws related to housing maintenance standards, parking, and solid waste disposal. Every quarterly report must include a section on accessory dwelling units. The accessory dwelling unit section must identify any problems and actions taken or planned actions to eliminate those problems. The Executive, or the Executive’s designee, must hold semiannual meetings with County residents to discuss these problems. (2017 L.M.C., ch. 1, §1; 2019 L.M.C., ch. 18, §1; 2021 L.M.C., ch. 26, § 1.)
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