The purpose and intent of this article is to establish procedures for the City of Baker to ensure compliance with this ordinance and obtain corrections of violations that may occur. It also establishes remedies and penalties that apply to violations of this ordinance.

The standards, guidelines and procedures of this ordinance shall be enforced by the Mayor and City Council of the City of Baker through its authority to abate any violations and enjoin and restrain any person violating this ordinance pursuant to Montana law.

Any of the following shall be a violation of this ordinance and shall be subject to the remedies and penalties provided by this ordinance.

A.

Establish Use, Structure or Sign Without Permit or Approval. To establish or place any use, structure or sign upon land that is subject to this ordinance without all required approvals, permits and certificates.

B.

Development Without Permit or Approval. To develop, construct, remodel, expand or any other activity of any nature that is subject to this ordinance without all required approvals, permits and certificates.

C.

Establish Use or Development Inconsistent with Permit. To engage in a use or develop, construct, remodel or expand a structure or sign, or any other activity of any nature that is inconsistent with the terms and conditions of any permit, approval, certificate or any other form of authorization required for such activity.

D.

Establish Use or Development Inconsistent with Ordinance. To use, construct, erect, remodel, expand, maintain or move any building, structure or sign in violation of any provision of this ordinance.

E.

Create a Nonconforming Condition. To reduce or diminish any lot area or structure setback, or to increase the intensity or density of any use of land or structure, except in accordance with the standards and procedures of this ordinance.

After the zoning administrator issues a written notice of violation to the owner of the land, building, structure or sign that is the subject of a violation, each calendar day the violation remains uncorrected shall constitute a separate and additional violation of this ordinance.

The zoning administrator shall have the responsibility to enforce this ordinance. The owner of the land, building, structure or sign that is subject to a violation has the responsibility to eliminate the violation and achieve compliance with this ordinance.

In addition to any additional authorities and procedures provided to the City of Baker by general or specific law, the following procedures shall apply to the enforcement of this ordinance.

A.

The zoning administrator or his designee shall have the authority to enter onto land within the boundaries of the City of Baker to inspect for violations of this ordinance.

B.

Withhold Permit. The city may deny or withhold any permit, approval, certificate or any other form of authorization required by the provisions of this ordinance upon determining that an uncorrected violation of this ordinance exists on the land, building, structure or sign for which a permit or authorization is sought.

C.

Condition a Permit. Instead of withholding or denying a permit or other authorization, the city may grant such authorization subject to the condition that a violation be corrected.

D.

Revocation or Suspension of Permit. The zoning administrator may revoke or suspend a permit, approval, certificate or other authorization upon determining any of the following actions has occurred:

1.

Departure from Plans. The actions of the landowner, contractor, developer or authorized agent of the owner have departed from the approved plans or specifications, or the conditions or terms of an approved permit or other authorization.

2.

False Representation. The permit, approval, certificate or other authorization was obtained by false representation or was issued in error.

3.

Violation. A violation exists on the land, building, structure or sign that is subject to the permit or other authorization.

E.

Stop Work Order. The zoning administrator may require that work stop on any land, building, structure or sign that is subject to an uncorrected violation of this ordinance or the terms or conditions of a permit or other authorization. This stop work order may be issued in conjunction with or separate from a revocation or suspension of a permit.

F.

Injunctive relief. The city may seek an injunction or other equitable relief in court to stop any violation of this ordinance or the terms or conditions of a permit or other authorization.

G.

The city may seek a court order in the nature of mandamus, injunction, or other action to abate or remove a violation and to restore the premises to the condition that existed prior to the violation.

H.

Civil Remedies. The City of Baker may seek civil penalties and other punishment provided by the law.

I.

Cumulative Remedy. The City of Baker shall have any and all other remedies provided by law to enforce this ordinance and the terms and conditions or permits, approvals, certificates and other forms of authorization issued pursuant to this ordinance.