It is the duty of the zoning coordinator to be the enforcement officer for all provisions of the zoning code unless otherwise expressly stated. The zoning coordinator may delegate tasks to members of the planning and community services department as appropriate.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)

It shall be a violation of this zoning code to undertake any of the following activities. Each day that a violation is permitted to exist shall constitute a separate offense.

A.

Activities inconsistent with code. Erect, construct, reconstruct, remodel, alter, maintain, expand, move, or use any building, structure, land/lot, or sign, or to engage in development of any land in contravention of any zoning or other regulation of this zoning code, including all required approvals.

B.

Nonconformities inconsistent with zoning code. Create, expand, replace, or change a nonconforming use, structure, lot, or sign except in compliance with this zoning code.

C.

Making lots or setbacks nonconforming. Reduce or diminish the required lot area, setbacks, or open space below the minimum required by this zoning code.

D.

Change of use. Change the use of any land, or any portion of a building, structure, or premises, except in accordance with the procedural and substantive standards of this zoning code.

E.

Activities inconsistent with approval or permit. Engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, or other form of authorization required to engage in such activity.

F.

Activities inconsistent with conditions of approval. Failure to comply with any terms, conditions, or limitations placed by the decision-making body upon any permit or approval.

G.

Failure to remove signs. Failure to remove, when notified to do so by the zoning coordinator, any sign installed, created, erected or maintained in violation of this zoning code.

H.

Obtaining permits or approvals through misrepresentation. Obtaining any permit or approval listed in article 27-1600, Administrative procedures, or this section through misrepresentation, the use of misleading documents or testimony, or the withholding of information known to the applicant.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)

The following persons may be jointly and severally responsible for violations of this zoning code and subject to enforcement:

A.

Any owner of property on which a violation of this zoning code occurs;

B.

Any architect, engineer, builder, contractor, agent, or any other person who knowingly participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this zoning ordinance; and

C.

Any tenant or occupant who has control over, or responsibility for, use or development of the subject property.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)

The effective enforcement of adopted standards is necessary to accomplish their intended purpose. The city has a variety of options for the enforcement of this zoning code. The zoning coordinator may select the option which in their opinion is most suitable to the circumstance and violation. More than one enforcement option may be used to attain compliance with the standards of this zoning code when deemed appropriate. The remedies and enforcement powers established in this zoning code are cumulative, and the city may exercise them in any order and combination.

A.

Deny/withhold permits. Planning and community services and other agencies and departments of the City of Billings may deny and withhold all permits, certificates, or other forms of authorization to use or develop any land, structure, or improvements until the violation related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation.

B.

Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the city may grant such authorization subject to the condition that the violation be corrected. The zoning coordinator will ensure that all conditions are being met by verifying the progress schedule or by conducting the final inspection.

C.

Revoke approvals or permits.

1.

The city may revoke any development approval, permit, or other authorization when it is determined that either:

(a)

There is a material and substantive departure from the approved plans, specifications, or conditions of approval;

(b)

There is a violation of any provision of this Code;

(c)

The development approval or permit was obtained by false representation; or

(d)

The development approval or permit was issued in error.

2.

If the recipient responds to a revocation letter with a written request for additional time supported by a plan-of-action letter that includes a site plan, progress schedule (if applicable) indicating the recipient is going to resolve all identified violations, and a proposed compliance date that is approved by the zoning coordinator, the zoning coordinator may, in their discretion, grant additional time extensions as reasonably required to complete the remedy but such additional time extensions shall not exceed six (60 months per extension.

3.

Written notice of revocation shall be delivered by certified mail upon the property owner of record, the owner's agent, the applicant, or other person to whom the permit was issued or such notice may be posted in a prominent location at the place of the violation. No work or construction shall proceed after service of the revocation notice.

D.

Stop work order.

1.

With or without revoking permits, the zoning coordinator may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this zoning code or a provision of a permit or other form of authorization issued pursuant to this zoning code. The stop work order shall specify the zoning code section or other provisions being violated.

2.

After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.

3.

The stop work order may be issued at the same time as a notice of the initial violation or subsequent to such notice.

E.

Stop use. Whenever a structure or part thereof is being used in violation of this zoning code, the zoning coordinator may order the use to be immediately stopped.

F.

Forfeiture and confiscation of signs.

1.

Any sign installed or placed on public property, except in compliance with the regulations of article 27-1400, Signs, will be subject to forfeiture to the public and confiscation. In addition to other remedies and penalties of this section, the city has the right to dispose of signs illegally placed on public property and to recover from the sign owner, or person who placed the sign, the full costs of sign removal and disposal.

2.

Violation of article 27-1400 is a strict liability offense, meaning violation may occur without regard for whether the violator knew or should have known their actions violated the zoning code.

G.

Criminal penalties (current).

1.

Violation of the provisions of this zoning code or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or special review uses or any of the required conditions imposed by the review authority, is a misdemeanor.

2.

Each day such violation continues shall be considered to be a separate offense.

H.

Municipal infraction.

1.

Violation of this zoning code is a municipal infraction and may be punishable by a civil penalty as provided in BMCC section 18-1300, in addition to other remedies of this section.

2.

Each day such violation continues is considered a separate offense and punishable as such.

3.

The determining factor for calculating the commencement of a violation with respect to the civil penalty is the receipt of service of the citation and not the judgment.

I.

Civil action. 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 zoning code, or in violation of any ordinance made under authority conferred hereby, the proper authorities of the city may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, which action may be intended to restrain, correct, or abate such violation and, as necessary to prevent the occupancy of such building, structure, or land to prevent any illegal act, conduct, business, or use in or about such premises. Civil action may be taken in addition to any other remedies.

J.

Other. The city may take any other action permitted by Montana law.

(Ord. No. 21-5748, § 3(Exh. A), 1-25-21)