A. A person against whom judgment is entered shall pay court costs and fees as in small claims court under title 25, chapter 35, Montana Code Annotated, in addition to the penalties imposed by the court. If the action is dismissed by the court, the city is liable for the court costs and court fees.
B. All penalties and forfeitures collected by the court for municipal infractions shall be remitted to the city in the same manner as fines and forfeitures collected for criminal offenses.
C. In addition to the imposition of civil penalties authorized by law against a defendant, the city may seek alternative relief from the court in the same action. Alternative relief may consist of any of the following:
1. Direct that payment of the civil penalty be suspended or deferred under conditions imposed by the court; or
2. Order the defendant to abate or cease the violation; or
3. Authorize the city to abate or correct the violation; or
4. Order the city's costs for abatement or correction of the violation be entered as a judgment against the defendant or assessed against the property where the violation occurred, or both.
a. The amount of costs imposed by the municipal court shall not exceed the jurisdictional amount for a money judgment in a civil action under section 3-11-103, Montana Code Annotated.
b. If the city seeks abatement or correction costs in excess of the jurisdictional limit provided in subsection C4a of this section, the matter shall be referred to district court for hearing and entry of an appropriate order. The procedure for hearing in the district court shall be the same procedure as that for a small claim appealed under section 25-35-803, Montana Code Annotated.
D. A defendant who wilfully violates the terms of an order imposed by the court is guilty of contempt. (Ord. 09-20, 10-19-2009)