The Butte-Silver Bow planning director or his designated representative is established as the zoning officer of Butte-Silver Bow, state of Montana and is hereby appointed with the authority of and responsibility to enforce compliance with the zoning ordinance codified in this title, subject to such variations and interpretations which may be made by the zoning commission. Excepting therefrom, however, enforcement of Chapter 17.33, the historic overlay zone, which shall be the responsibility of the preservation officer and the preservation commission.

(Ord. 238 § 1(C) (part), 1985: Ord. 225 § 1(C) (part), 1985: Ord. 135 § 1 (part), 1981: Ord. 53 § 240-1, 1978)

The zoning officer shall:

A.

Maintain files and records to document fee receipts, the issuance of permits, petitions, agendas, minutes, record of public hearings, and other matters relating to zoning within Butte-Silver Bow, state of Montana. Such files and records shall be available and open for public inspection during regular business hours, unless otherwise determined by the Butte-Silver Bow, state of Montana attorney;

B.

Receive and process rezoning petitions and requests for variances, conditional uses, special uses, planned unit developments, and appeals, in accordance with the provisions of this title, and collect fees for such petitions and requests;

C.

Publish notice of public hearings as required by this title and applicable state statutes;

D.

Prepare such materials (maps, agendas, property descriptions, survey sheet) as may be necessary for the zoning commission, board of adjustment or council of commissioners to properly conduct meetings for the purpose of administering this title;

E.

In consultation with other affected local government departments, make written recommendations on petitions and requests to the zoning commission, board of adjustment (except on appeals), and the council of commissioners, including reports and/or background information related to such petitions or requests;

F.

Ensure all materials and documents relating to zoning within Butte-Silver Bow are properly filed with the clerk and recorder as required by the applicable statutes;

G.

Act as executive secretary to the zoning commission and board of adjustment;

H.

Provide zoning information to the public and government agencies and officials, and interpret the meaning and intent of this title and otherwise promote procedural uniformity in the administration of this title;

I.

Initiate appropriate investigatory action for apparent zoning violations through coordination with the Butte-Silver Bow, state of Montana attorney;

J.

Inspect the premises in the performance of his duties. The zoning officer and authorized representatives of the zoning officer shall have the right to enter any building or premises for the purpose of investigation and inspection, provided that such entry shall be exercised only at reasonable hours, and in no case shall entry be made without consent and in the absence of the owner or tenant thereof without written order of a court of competent jurisdiction.

(Ord. 225 § 1(C) (part), 1985: Ord. 53 § 240-2, 1978)

Before any land, building, or premises, or part thereof, may hereafter be constructed, erected, changed, relocated, converted, wholly or in part, in its use or structure, a building permit shall be issued by the building and code enforcement department to the effect that such buildings and the use proposed therein, conform to the provisions of the latest adopted addition of the Uniform Building Code (UBC).

A certificate of occupancy shall be issued by the building official upon completion of all improvements required by the building permit.

(Ord. 238 § 1(D) (part), 1985: Ord. 53 § 240-3, 1978)

The council of commissioners shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for appeals and other matters pertaining to this title.

No building permit, zone change, special use, conditional use, variance, planned unit development or other permit or license subject to the provisions of the ordinance codified in this title shall be issued unless or until such costs, charges, fees or expenses established by resolution of the council of commissioners have been paid in full, nor shall any action be taken on proceedings before the board of adjustment or planning board, unless or until preliminary charges and fees have been paid in full.

Where work for which a permit is required by this title is started or proceeded with prior to obtaining said permit, the fees established by the council of commissioners shall be doubled. The payment of such doubled fees shall not relieve any person from fully complying with the requirements of this title in the execution of the work nor from any other penalties prescribed herein.

(Ord. 235 § 1(C), 1985: Ord. 121 § 1, 1980; Ord. 53 § 240-4, 1978)

Temporary certificates of occupancy may be issued for a period not exceeding six months, during the completion of any alterations, or during a partial occupancy of such building. Such temporary certificate shall not be extended, nor shall it, in any way, affect the rights, duties, and obligations of the owner or the governing authority, relative to the use or occupancy of the premises covered, or any other matter covered by this chapter.

(Ord. 53 § 240-5, 1978)

Each application for a location or improvement permit must be accompanied by a plan drawn to scale and in such form as may be prescribed by the enforcing officer, showing the actual size and dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the endorsement of the regulations contained in this title, and the issuance, as before required, of a certificate of occupancy. The enforcing officer shall file a careful record of such application and plan.

(Ord. 53 § 240-6, 1978)

It is unlawful to allow any basement excavation upon which a building is not constructed to be left unfilled or uncovered, if intense building is not started upon said excavation within sixty days of excavation and worked on continuously until completed.

(Ord. 53 § 240-7, 1978)

Any person who moves or demolishes a building or structure must obtain a permit from the building and code enforcement department. In addition, buildings, headframes and pertinent elements to be moved or demolished and located within the historic overlay zone, shall be subject to the review process established in Section 17.33.040 of this code.

Where buildings or structures have been removed or demolished, the ground shall be leveled and all debris removed.

(Ord. 238 § 1(D) (part), 1985: Ord. 53 § 240-8, 1978)

If, on any inspection, the condition of a building or premises or its use or occupancy is found not to conform to the requirements of this title, or conditions of an existing certificate have not been complied with, the enforcing officer shall at once issue written notice to the owner specifying the manner in which the building or premises or its use of occupancy fails to so conform. The owner shall at once take steps to make it so conform as directed by the enforcing officer.

(Ord. 53 § 240-10, 1978)

Any person, firm or corporation owning, controlling or managing any building or premises wherein or whereupon there shall be placed or there exists anything in violation of the provisions of this title; or, any person, firm or corporation who assists in the commission of any violation of these provisions, or who shall build contrary to the plans and specifications submitted to, and approved by, the enforcing officer; or, any person, firm or corporation who omits, neglects, or refuses to do any act required in these provisions or removes, moves or demolishes any building, headframe or pertinent element located in the historic overlay zoning district without approval shall be subject to a fine of not more than five hundred dollars or six months in jail or both. Each day during which a violation exists shall constitute a separate offense punishable hereunder.

(Ord. 238 § 1(D) (part), 1985: Ord. 53 § 240-9, 1978)