(A) Enforcement.
(1) This chapter shall be enforced by the Zoning Officer, his or her assistants or other duly appointed officer of the city, subject to such variations and interpretations which may be made by the Board of Adjustment. Appeal of any decision of the enforcing officer may be made to the Board of Adjustment as provided in the laws of the State of Montana.
(2) A zoning conformance permit shall be issued by the enforcing officer before any building, or premises, or part thereof may hereafter be created, erected, changed or converted, wholly or in part, in its use or structure, to the effect that such building and use proposed therefor conform to the provisions of this chapter. These certificates shall be applied for and issued at the same time, or before, the Building Inspector grants a building permit for the premises.
(3) It shall be unlawful to allow any basement excavations upon which a building is not constructed to be left unfilled, uncovered, if construction of intended building is not started upon said excavation within 60 days of excavation, and worked on continuously until completed. If construction on said excavation is not completed within 180 days of excavation, the City Zoning Officer shall order the excavation to be filled in.
(4) No person shall move or demolish a building within the city limits without first obtaining a permit from the Zoning Officer. Where buildings have been removed or demolished, the ground shall be leveled and all debris removed.
(B) Penalty for violation. Any person, firm or corporation owning, controlling or managing any building or premises wherein or whereon there shall be placed, or there exists anything in violation to the provisions of this chapter; or any person, firm or corporation who shall assist in the commission of any violation of this chapter, or who shall build contrary to the plans and specifications submitted to, and approved by, the Zoning Officer; or any person, form or corporation who shall omit, neglect or refuse to do any act required in this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250, nor more than $500, for each offense, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.
(C) Procedure in the case of non-conformity.
(1) If, on any inspection, the use of a premises is found not to conform to the requirements of this chapter, or the conditions of an existing certificate therefore, the Zoning Officer or other duly appointed official shall at once issue written notice to the owner, specifying the manner in which the use of the premises fails to so conform and the owner shall, at once, take steps to make it so conform or file a written notice of appeal specifying the grounds thereof, both with the Zoning Officer and the Board of Adjustment, within 48 hours following receipt of notice of non-conforming use by the Zoning Officer. If necessary for the proper protection of the occupants, he or she shall order the use or premises vacated until its condition is made satisfactory and in conformity with the requirements of this chapter, at which time a certificate will be issued as herein provided for new buildings or for the use of premises.
(2) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as issue notice to the parties in interest, and decide the same within 15 days following the date notice of appeal was filed.
(D) Interpretation and purpose.
(1) In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.
(2) It is not intended by this chapter to interfere with, or abrogate or annul rules or permits previously adopted or issued according to the law relating to the use of buildings or premises, nor to interfere with, abrogate or annul any easement, covenants or agreements between parties; provided, however, that, where this chapter imposes greater restrictions as to use, or requires larger open spaces or less height than are required by such rules or permits or by easements, covenants or agreements, the provisions of this chapter shall control.
(E) Enforcement and remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the City Council, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to retrain, correct, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(1992 Code, § 9-1-115)