A. Inspection: Within ten (10) days of receiving a signed written complaint, or otherwise making determination that, a condition of community decay exists, the designated enforcement agency shall conduct an inspection of the premises alleged to be in violation of this chapter to determine whether a violation exists. Whenever appropriate, such reports of violation as well as subsequent inspections shall be shared and coordinated with the Richland County sanitarian.
B. Notice: If the designated enforcement agency determines that a violation of this chapter exists, the agency shall notify the owner of the premises in violation, in writing of the violation and order the abatement or mitigation of the violation within ten (10) days from the date of the notice. The property owner and/or occupant of the premises may request an extension in writing submitted to the director of public works. The director of public works shall have the authority to grant an extension of not more than thirty (30) days in which to bring the premises into compliance. Any additional extensions or extensions longer than thirty (30) days must be approved by the committee.
C. Service Of Notice: The notice shall be served by the enforcement agency on the property owner and/or occupant(s) of the premises by posting the notice on the door of the premises and by certified mail, return receipt requested, to the property owner.
D. Contents Of Notice: The notice of violation shall:
1. Include a statement specifically describing the violation.
2. Specify that the owner of the property has ten (10) days from the date of the written notice to bring the premises into compliance with community standards; and
3. Advise the owner of the premises that if the violation is not abated within ten (10) days from the date of the written notice, the enforcement agency may undertake abatement or mitigation and assess the costs thereof to the owner of the premises; and
4. Advise the owner of any building constituting a public nuisance which cannot be abated under the terms of this chapter, and that has become uninhabitable or which has been found to represent a dangerous condition to members of the public, that abatement of said nuisance must be accomplished by demolition.
E. Emergency Abatement:
1. Whenever the City, the committee, or the enforcement agency has reason to believe that a public nuisance exists, and that such public nuisance constitutes an emergency presenting imminent danger of serious injury to persons or property, the committee, an authorized representative appointed by the committee, a fire marshal, or police officer may immediately enter into any building or upon any premises within the jurisdiction for purposes of abatement.
2. Whenever a public nuisance exists which constitutes an emergency presenting imminent danger of serious injury to persons or property, the committee may order, without notice or judicial action, that the public nuisance be immediately abated by removal, destruction, or mitigation. If the owner or responsible party fails to comply with such an order immediately, or cannot be located, the committee shall cause the structure to be demolished and removed, or the nuisance otherwise be abated, either through available public agency or by contract or arrangement with private persons. The cost of such abatement shall be paid by the owner of the property upon which the nuisance existed, pursuant to Subsection G.
F. Fines: Violations of this Chapter shall be punishable by a fine of one hundred dollars ($100.00), and every day subsequent to the date the notice of violation was provided in which the property owner shall fail to comply with this Chapter shall be deemed as a separate offense; provided that any fine imposed shall not exceed a maximum fine of five hundred dollars ($500.00) pursuant to Montana Code Annotated, section 7-5-109.
G. Abatement And Collection Of Costs:
1. Determination Of Compliance: Upon expiration of the property owner's ten (10) day time-frame for abatement, the enforcement agency shall conduct an inspection of the premises to determine whether abatement or mitigation has occurred.
2. Administrative Sanctions: In the event the enforcement agency has determined that no abatement or mitigation has occurred within ten (10) days after the date of the notice, the following procedure shall apply:
a. The code enforcement officer shall notify the owner or responsible party by certified mail with an administrative citation indicating that community decay conditions exist on the property and that the owner or responsible party must take measures to correct the violation.
b. If the code enforcement officer believes it is advisable, he or she may post a dated order in a conspicuous place on the property, providing notice that community decay condition(s) have been found on the property and informing the owner or responsible party of the matters set forth above in the notice of violation together with the abatement actions that may be taken under this chapter if the owner or responsible party fails to abate the community decay condition(s).
H. Request For Hearing: Within ten (10) days after receiving notice to comply with the code enforcement notification to abate the community decay condition(s), the owner or responsible party may request a hearing before the Municipal court. If the owner or responsible party has requested a hearing, the code enforcement officer may not take any action to abate the violation until after the hearing and authorization to proceed has been provided by the court. To request a hearing, the responsible party must file a request with the municipal court, and mail a copy of this request to the City of Sidney. (Ord. 574, 9-4-2018; amd. Ord. 592, - -)