For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE CONDITIONS.
(1) Includes as follows:
(a) Open presence of personal property that is (or reasonably appears to be) junk, waste, debris, garbage, refuse, trash or rubbish of any source, origin, design, kind, composition or substance;
(b) Dwellings, businesses, accessory structures or any other buildings or structures that are in public view and damaged (or partly or totally destroyed) by fire and remain unrepaired or unrestored, and without the removal of the damaged or destroyed portions, for six months or more from the date of the fire causing such damage or destruction; or
(c) Any objects, articles, conditions or personal property encroaching upon or interfering with the movement of traffic or vehicles, or access, in an alley or publicly dedicated right-of-way that serves as an alley.
(2) The following are exclusions from this definition.
(a) The term NUISANCE CONDITIONS does not apply to construction, demolition or landscaping projects in progress as long as the work is in the process of being diligently and expeditiously performed in a continuous manner with completion likely within a reasonable period of time. The city reserves the right to specify a time limitation or deadline for the completion of any project.
(b) The term NUISANCE CONDITIONS does not apply to or include vehicles subject to special disposition or handling under state statutes:
1. Removal and sale of abandoned motor vehicles in MCA Title 61, Chapter 12, Part 4; or
2. Motor vehicle recycling and disposal in MCA Title 75, Chapter 10, Part 5.
OPEN. The presence of nuisance conditions is OPEN when the nuisance conditions are visible or subject to view from outside the boundaries of the property where they are located. Nuisance conditions are not considered to be in OPEN presence when they are stored inside a permanent enclosed structure or building with walls and a roof, such as an accessory building, commercial structure or dwelling that has been permitted as a building or structure under the City Zoning Code incorporated in chapter 153. Nuisance conditions are considered to be in OPEN presence when they are covered or hidden or attempted to be so by fences, screens, tents, tarps, canvas or any other materials that serve as a visual barrier but are not permitted buildings or structures described above.
OWNER. A person, party or entity having a legal ownership interest in the real property in question based upon the records or information in the office of the County Clerk and Recorder or other records or information filed or recorded in the public offices of the county. The word OWNER is intended to include ownership by a single party, person or entity; or ownership by multiple parties, persons or entities. In the case of a pending contract for deed that is not declared on record to be in default, the purchasing party or buyer shall be regarded as the owner. Where property has been repossessed or foreclosed upon by a seller or lender, the seller or lender shall be regarded as the OWNER. In the case of property held in trust according to the records of the County Clerk and Recorder, the trustee shall be regarded as the owner or responsible party and the one to whom notice of nuisance conditions will be directed. If the owner of property is deceased, incompetent or the subject of a conservatorship or guardianship proceedings, the owner’s personal representative, guardian, conservator or other acting fiduciary, according to public records or filings of the county, will be regarded as the OWNER or responsible party and the one to whom notice of nuisance conditions will be given.
PRESENCE. The existence, accumulation, placement or storage of objects or articles constituting nuisance conditions.
PUBLIC VIEW. Visible or subject to view outside the boundaries of the property where they are located.
RENTED OR LEASED PREMISES. When premises are leased, rented or otherwise occupied by persons or entities other than the owner, it is the duty of any such renter, lessee or occupant, along with the owner, to prevent or eliminate nuisance conditions on the rented, leased or occupied premises and the adjacent areas described above.
(Ord. 18-041717, passed 4-17-2017)