A. Notice of Violation: Upon its own initiative, or having received a written complaint, the city shall inspect the subject property to ensure a violation exists and notify the property owner(s) or agent of the owner(s). The notice of violation shall be made by posting the notice on the premises, or by mailing a copy to the property by first-class mail.
Notice shall include:
1. A statement specifically describing the violation of this chapter;
2. Geographic location of the area of noncompliance by legal description or other reasonably identifiable description;
3. Specify that the owner(s) or agent of owner(s) has a time limit as defined in this chapter from the date of such notice to bring the property into compliance;
4. Advise the owner(s) or agent of owner(s) that if noncompliance is not resolved by the date specified the city may enter upon the property and institute appropriate control measures;
5. That the owner bears the cost for removal if performed by the city.
B. Time Limit for Removal: The property owner(s), or agent of the owner(s), has a period of seven (7) days to comply with this chapter.
C. Violation and Procedure in Cases of Noncompliance; Corrective Action: A reasonable period of time, but not more than seven (7) days, may be provided to the property owner(s), or agent of owner(s), to initiate compliance procedures. The property owner(s), or agent of owner(s), has the right to request an informal hearing with the city officer, employee, or agent, to enter into an agreement for a corrective action plan to bring the property into compliance. If such a request is made, it shall not extend the seven (7) day period within which compliance procedures must be initiated. If corrective action is not taken by the property owner(s), or agent of owner(s), within the timeframe specified, or agreed upon, the city may enter upon the property and institute appropriate control measures.
D. Removal by the City; Invoice to Property Owner: After the period of seven (7) days, the city shall immediately take appropriate control measures. Upon completion of such work, the city shall submit an invoice to the property owner(s), or agent of owner(s), in the amount for the cutting/removal of the nuisance weeds, plus an administrative fee, and penalty, as set by the City Council via resolution. All fees are intended to pay for the labor, administration, fuel, equipment, or contracted services performed on behalf of the property owner(s) or agent.
Invoices must specify:
1. The location and work performed by or on behalf of the city;
2. Cost of work performed by or on behalf of the city;
3. Administrative fee;
4. Payment due date of thirty (30) days from the date invoice is sent; and
5. That a penalty shall be assessed on the property for every one (1) month outstanding up to the time the City Council assesses the cost against the property.
E. Assessment: If the bill is not paid when due, such costs, including administrative fee and penalty, can be assessed against the property in any lawful manner to collect the outstanding balance including placing a special assessment levied against the property on which the nuisance weeds were destroyed, and collected in the same manner as other special assessments by the city.
1. Annually the city shall prepare a list of all lots, tracts, and parcels of real property within the city from which nuisance weeds were cut/removed by the city and for which such charges and penalties have not yet been paid. The list shall include the following:
a. Owner's name as shown on the tax rolls and common address if known;
b. Tax Code number of the property;
c. Legal description of the property;
d. Cost of the nuisance weed removal, administrative fee, and penalty or penalties.
2. The assessment list shall be incorporated into a special assessment resolution which shall be presented to the City Council. After passage of the resolution, the assessments stated therein together with administrative costs and penalty shall constitute a special tax as provided in 7-22-4101, MCA, and a lien placed on the real property shows on the assessment list. A copy of the resolution shall be certified to the official collecting the city's taxes and assessment. (Ord. 347-13, 11-26-2013; amd. Ord. 397-2022, 6-28-2022)