Laurel City Zoning Code

"Cinder and ashes" mean the residue from the burning of wood, coal, coke or other combustible materials in homes, stores, institutions, and small industrial establishments, for the purpose of heating, cooking and disposing of waste combustible materials.

"Garbage" means and includes animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of foods. It is composed largely of organic matters and their natural moisture content. The term does not include within its meaning food processing wastes from canneries, slaughterhouses, packing plants or similar industries, or large quantities of condemned food products. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels, and other places where food is stored, cooked, or consumed.

"Refuse" means all solid waste of any kind or type legally disposed of through the operations of the city.

"Rubbish" means all refuse not included in garbage and ashes. It consists of a great variety of combustible and noncombustible waste materials from households, stores, and institutions. This waste is defined more specifically as "combustible rubbish" and "noncombustible rubbish," but whenever the word "rubbish" is used alone, it means a mixture of both. "Trash" is synonymous with rubbish.

A.

Combustible rubbish means miscellaneous flammable materials. Generally, it is the organic component of rubbish, such as paper, rags, cartons, boxes, wood, wood shavings, bedding, rubber, leather, yard trimmings and similar material.

B.

Noncombustible rubbish means miscellaneous refuse materials that are nonflammable at ordinary temperatures. For the most part it is the inorganic component of rubbish, such as tin cans, metals, mineral matter, glass, crockery, dust, metal furniture, etc.

C.

Yard Rubbish means refuse consisting of tree branches, twigs, grass and shrub clippings, cut weeds, fallen leaves and garden waste materials.

(Ord. No. O21-04, 10-12-2021)

The disposal of garbage, rubbish and other wastes shall be as the city council orders by ordinance and regulation.

A.

Any out of city resident or inhabitant may not use any city trash containers for depositing garbage, rubbish, trash, etc.

B.

Violations of this chapter are designated as misdemeanors and punishable by penalties specified in subsection 1.36.010 A.

C.

Nothing herein shall prohibit any bona fide tourist or transient from using such trash collectors.

(Ord. No. O21-04, 10-12-2021)

The regular collection services shall not remove such items as tires, crates, refrigerators, stoves, air-conditioners, sofas, chairs, mattresses, box springs, pipe, auto parts, mufflers, tree limbs, trees and shrubbery cuttings (unless these cuttings can be placed in covered receptacles as provided by the city) and other like items. The owner or occupant of any building, house, structure or land shall have these prohibited items removed and deposited in the city disposal area or other approved disposal area at his own expense within three days. Failure of owner or occupant to remove prohibited items from receptacles, alleys or streets may be removed therefrom at the expense of the owner of the property. The city may submit a bill to the persons liable for the removal of such items. If the amount is not paid within ten (10) days after the bill submittal, then the charge shall be collected in the same manner as the collection of other solid waste fees, as provided in this chapter.

(Ord. No. O21-04, 10-12-2021)

A.

Infectious Waste. Waste that is defined as "infectious waste" in Section 75-10-1003 Montana Code Annotated.

1.

Infectious wastes shall not be placed with other noninfectious wastes or refuse for normal collection by the city.

2.

Clothing taken from persons with infectious diseases shall not be placed in receptacles.

3.

It is unlawful for any person to dispose of or deposit in the city container site any infectious wastes which have not bee treated as described in Section 75-10-1005 Montana Code Annotated, so as to render them noninfectious and no longer biological hazardous.

B.

Inflammable Waste; acids and explosives. No person shall place or cause to be placed in or near the receptacles provided for the removal of refuse, any highly inflammable wastes, acids, explosives or dangerous or corrosive chemicals.

C.

Other matter not to be placed in receptacles. The following items shall not be placed in the receptacles provided for the removal of refuse:

Dead animals; poisons; heavy metals or metal parts; lumber; dirt; rocks; bricks; concrete; concrete blocks; tires; crates; refuse from construction or remodeling; unbagged saw dust; unbagged leaves or grass clippings; other unbagged material which is incapable of being transferred from the receptacle to city refuse collection equipment without being deposited on the surrounding property.

(Ord. No. O21-04, 10-12-2021)

A.

Animal feces and materials impregnated with urine must be enclosed in a leakproof bag before being placed in a city container.

B.

Combustible rubbish of every kind whatsoever shall be securely wrapped, packed or contained in a manner that will prevent scattering by the wind and shall be deposited in a proper receptacle.

C.

Yard rubbish shall be bagged, packed or contained before being deposited in a receptacle.

(Ord. No. O21-04, 10-12-2021)

A.

No person shall accumulate any rubbish including any dry leaves, dead limbs, or old lumber and allow the same to be stored in any street, alley or public place.

B.

It shall be the duty of the owner or occupant of any premises within the city limits to keep such premises and one-half of the alley immediately adjacent thereto and the gutter in front of or adjoining his or her property clean, open and free of wastepaper, cans, leaves or any unhealthy materials of any kind.

(Ord. No. O21-04, 10-12-2021)

A.

It is unlawful for any person to place or permit another to place, any garbage or trash in any receptacle, at any refuse collection point or in any refuse container used in the city container collection service unless the refuse is from the premises served by the container or from the premises at which the receptacle or collection point is located.

B.

City service containers at several points in city areas are provided for refuse from apartment house areas, businesses, and institutions within the city limits, and refuse from outside the city limits shall not be placed in the city service containers.

C.

It is unlawful for any person to place or deposit, or permit another to place or deposit, prohibited refuse in city service containers or to put anything on the ground at these locations.

D.

The owner or occupant of any building, house, structure or land shall cause to be removed all refuse items of the nature which are prohibited to the regular collection service, and which are located, owned or deposited on the property or on the public right-of-way shall be prima facie evidence that such owner or occupant failed to remove, as provided by this ordinance, at his own expense, the refuse or other item or items so stored or located thereon. Removal within three days of notice by city is required.

(Ord. No. O21-04, 10-12-2021)

The public works director shall determine the average volume of garbage and rubbish produced, the amount of service provided and degree of use for all business, commercial, educational and other institutions, and shall recommend to the city council the proper classification of such users.

(Ord. No. O21-04, 10-12-2021)

A.

The residences of the city are divided into fair and reasonable types according to their structure and uses for the purpose of garbage and trash accumulation and removal. All collections will be made either from the alley, where alley exists, or from a place easily accessible to the street from which the collections are made. No collections shall be made from inside structures or other enclosures.

B.

The annual residential solid waste rate shall be as established by resolution of the city council, and may be changed or amended by subsequent resolution of the council from time to time as the council deems necessary. A copy of the residential fee schedule shall be on file in the office of the city clerk-treasurer.

(Ord. No. O21-04, 10-12-2021)

Solid waste rates at residences where a portion of the building or premises is used for commercial or business purposes shall be increased by the minimum amount of the commercial user class.

(Ord. No. O21-04, 10-12-2021)

A.

All business, commercial, educational and other nonresidential buildings and other institutions shall be placed into fair and reasonable classes for the purpose of establishing rates for garbage and rubbish accumulation and removal through resolution of the city council.

B.

All resolutions approved by the city council under this section shall be placed on file in the office of the city clerk-treasurer.

(Ord. No. O21-04, 10-12-2021)

The calendar year solid waste rate for businesses and commercial, educational and other nonresidential buildings and other institutions shall be equal to the rates and fees established from time to time by resolution of the city council. No collections shall be made from inside any structure or other enclosure.

(Ord. No. O21-04, 10-12-2021)

The minimum rate for each business, commercial, educational, and other nonresidential building and other institution shall not be less than the minimum annual residential rate.

(Ord. No. O21-04, 10-12-2021)

A.

Each business, commercial, educational, and other nonresidential building and other institutions shall be placed in a commercial classification upon the recommendation of the public works director after determination of the type of garbage, the volume of garbage, the degree of usage and the required service of the user. Such classification shall be adopted through city council resolution.

B.

User classification, and user's volume of garbage and degree of use may be reviewed by the public works director upon request of a commercial, educational, or other nonresidential user, but no more than one such request per calendar year shall be allowed.

(Ord. No. O21-04, 10-12-2021)

The annual solid waste fee shall be payable in twelve equal monthly installments. The solid waste fee shall be included within the water bill each month, and the city water department is directed not to accept payment of the water bill unless such payment is in the total amount billed which shall include the appropriate solid waste fee as herein provided. Owners or occupants of premises which do not use water shall be billed monthly by separate billings for the appropriate solid waste fee for their premises.

(Ord. No. O21-04, 10-12-2021)

The charges fixed in this chapter for the collection, removal and disposal of all garbage or trash shall be entered in their respective amounts as charges against each owner, manager, occupant, tenant, or lessee in the amount so fixed and charged shall be collected monthly in connection with and as a part of the water bill of the city. Should any owner, manager, occupant, tenant, or lessee of any place or abode of any business or commercial establishment fail or refuse to pay the charges fixed against him and his place of abode or place of business when due, the solid waste fee remaining unpaid shall constitute a lien against the real property wherein the premises or business or commercial establishment exists and be placed on the annual property tax statement.

(Ord. No. O21-04, 10-12-2021)

Refuse collection and disposal service may be provided within the capabilities of the department to installations with unusual locations, types or accumulations of refuse at a charge established by the public works director based on actual cost.

(Ord. No. O21-04, 10-12-2021)

The public works department shall provide regular collection or container collection system services according to the type and volume of refuse to be removed, economies of operations and capability within the department. Normally, refuse container and regular collection service will be provided to the same installation only at the discretion of the public works director.

(Ord. No. O21-04, 10-12-2021)

It is unlawful for any person to park a vehicle of any nature within twenty feet of any container used in the city container collection service in such manner which would interfere with the removal of refuse from such container or block the approach to such container. Proof of ownership of any vehicle violating this section shall be prima facie proof that such owner parked such vehicle.

(Ord. No. O21-04, 10-12-2021)

It is unlawful for any person to damage, either willfully or through negligence, any property of the city used in the city container service.

(Ord. No. O21-04, 10-12-2021)

Except when refuse is being loaded into containers, the doors and lids shall be kept closed except at certain locations approved by the director of sanitation.

(Ord. No. O21-04, 10-12-2021)

The city shall provide sufficient containers for all businesses and residences. It is unlawful for any person other than a duly authorized employee of the city to collect or remove any garbage or trash from garbage and trash receptacles used in the regular city collection service or from any container utilized in the city container collection service.

(Ord. No. O21-04, 10-12-2021)

It is unlawful for any person other than the city to engage in the business of collecting, removing and disposing of refuse within the jurisdiction of the city, or for any person other than the city, its agents or employees to do or perform any of the things herein required to be done or performed by the city, except:

A.

As provided in Section 8.04.030;

B.

For drop box service for certain matter not to be placed in receptacles (8.04.040);

C.

For drop box service for demolition material with or without a building or demolition permit required;

D.

For drop box service at construction sites; and

E.

As provided by MCA 7-2-4736, Preservation of existing garbage or solid waste service in the event of annexation.

(Ord. No. O21-04, 10-12-2021)

The city council shall establish fees and charges for additional solid waste related services by resolution.

(Ord. No. O21-04, 10-12-2021)

The city shall operate a container site for garbage and debris. The director of public works shall be the officer in charge of the container site and shall adopt such rules and regulations as may be required in the operation of the container site. Such rules shall be posted at the entrance of the container site and must be obeyed by all persons using the container site.

(Ord. No. O21-04, 10-12-2021)

The city council shall, by resolution, establish fees to be charged for dumping by commercial contractors, businesses and noncity residents of wood; trees; uncompacted garbage, trash or rubbish; mixed loads such as wood or trees or other materials; compacted garbage, trash or rubbish; and construction or demolition materials. The city council shall also establish by resolution, fees to be charged for dumping by city residents of materials from construction or demolition projects for which a city building permit or demolition permit is required. City residents that do not pay for regular refuse collection will be charged fees for utilization of the container site for disposal of garbage and debris. The city council may change, alter or amend any such fee from time to time, at the council's discretion, by further resolution.

(Ord. No. O21-04, 10-12-2021)

A.

The city council shall from time to time by resolution set fees for the depositing of household solid waste at the city container site by noncity residents, and the same may be changed from time to time in the council's discretion by further resolution.

B.

The fees for depositing all other types of garbage, trash or rubbish shall be in accordance with dumping fees as established by resolution of the city council.

(Ord. No. O21-04, 10-12-2021)

Violations of Chapter 8.12 may be construed as misdemeanors, and are subject to the penalties enumerated in 8.12.100.

(Ord. No. O21-04, 10-12-2021)

The purpose of this chapter is to regulate conditions in the city that may constitute public nuisances, are injurious to public health, safety, and welfare, obstruct the free use of property or interfere with the comfortable enjoyment of life or property and to provide for the remediation of such nuisances, to protect the public health, safety and welfare and to promote the economic stability of neighborhoods and areas within the city. It is also the purpose of this chapter to prevent and prohibit those conditions which reduce the value of private property, interfere with the enjoyment of public and private property, create, and constitute public nuisances and contribute to the degradation of the character of neighborhoods and the depreciation of property values.

(Ord. No. O21-04, 10-12-2021)

A.

It is a nuisance for the owner, occupant, or person otherwise in charge or control of any premises within the city limits to allow any ice, snow, slush, mud, or other impediment to safe pedestrian travel to accumulate or remain on any sidewalk in front of or adjoining such premises.

B.

It shall be the duty of the occupant of any premises within the city, or in case such premises are unoccupied, the owner or his or her agent to keep the sidewalks in front of and adjoining his or her premise clean and safe for pedestrians, and to repair the same from time to time; and such occupant, owner or agent shall remove snow, ice, mud, slush and other impediment to safe and convenient foot travel, within twenty-four (24) hours after its accumulation thereon.

C.

It is unlawful for any person to dispose or move snow from private property onto a public street, alley, or sidewalk.

(Ord. No. O21-04, 10-12-2021)

A.

Definitions. For the purposes of this section, the terms used above shall be defined as follows:

1.

Vehicle means a two or more wheeled or track vehicle designed to transport one or more persons or properties from one location to another including without limitation: trucks, buses, cars, motorcycles, scooters, farm, and industrial equipment.

a.

Inoperable vehicle means any discarded, ruined, wrecked, or dismantled vehicle, vehicle parts or components. Any vehicle not capable of immediate and legal operation in accordance with governing and applicable traffic ordinances and statues or any vehicle not having current license plates lawfully affixed thereto.

b.

Junk vehicle means any vehicle, including component parts that is discarded, ruined, wrecked, dismantled that remains inoperative or incapable of being driven and which is not lawfully and validly licensed. If a vehicle is permanently registered under MCA 61-3-562 and meets the criteria for a junk vehicle, the vehicle is a junk vehicle.

2.

Junk means any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some other use or for reduction into components. Junk includes but is not limited to old or scrap metal, rope, rags, household goods, appliances, furniture, vehicle parts or components, batteries, paper, tires, rubber debris or waste, iron, steel and other old or scrap ferrous or nonferrous material.

3.

Open Storage means exposed to the elements or not stored inside an enclosed structure which includes walls on all sides and a roof.

B.

Abandoned Vehicles. All inoperable vehicles, or parts thereof, parked or stored on any city property, street or public right-of-way for a period exceeding five days shall be considered abandoned. Any such vehicle that in the judgment of the enforcement officer appears to be abandoned, including parts thereto, shall be removed and disposed of in a manner set forth by the enforcement officer.

C.

Storage or Parking of Vehicles.

1.

In all residential zoning districts, storage or parking of commercial vehicles shall be limited to one delivery or delivery type vehicle not to exceed eight thousand pounds GVW (gross vehicle weight).

2.

Within the city limits open storage and off-street parking of licensed and operable motor vehicles in any front or side yard shall be on a surface prepared with asphalt or concrete. Open storage and off-street parking of licensed and operable motor vehicles in any rear yard may be on any type of surface.

3.

Painting of vehicles is prohibited unless inside an approved spray booth.

D.

Storage of Trailers and Recreational Vehicles. Snowmobiles, boats, motorized vehicles that are incapable of being legally operated on a public street, or other recreational vehicles and campers, camper trailers or motor homes, and utility/sport trailers shall be parked or stored as follows:

1.

In rear yards; or

2.

In side yards, providing that the following conditions are met:

a.

The property does not have public alley access or other reasonable access to the rear yard,

b.

The side yard area to be used for such parking or storage has a prepared surface of gravel, asphalt, or concrete,

c.

The unit shall not be parked any nearer than three feet from the side lot line or five feet from any door, window, or other opening of a dwelling which provides light, air, entrance to, or exit from the dwelling as needed to preserve the health, safety, and general welfare of the occupants of the dwelling, and

d.

For purposes of this section, the side yard of a corner lot, which is adjacent to the street, is regarded as a front yard and no such parking or storage is allowed.

3.

Trailers may be parked in the street if attached to a towing unit and complying with parking ordinances.

4.

It is unlawful for any person or firm to park or store such vehicles in any front yard.

5.

It is unlawful to occupy campers, camping trailers, or motor homes for living or sleeping purposes for longer than ten consecutive days.

a.

Campers, camper trailers and motorhomes shall not be connected to the city sewer system.

E.

Storage of Salvage. Permanent open storage of salvage, inoperable vehicles, rubbish, lumber, furniture, appliances, used oil, cans, containers, or other chattel shall not be permitted in any zoning district. Exceptions to these restrictions are principal uses of property (e.g., auto wrecking), which may be permitted as a business lawfully operated in nonresidential zoning districts, where the storage of such materials is necessary to the operation of the business enterprise.

Exception: lumber may be stored in the rear yard covering no more than one percent of the lot area.

F.

Inoperable Vehicle or Junk Vehicle. Storage, parking or leaving any inoperable vehicle or junk vehicle shall not be permitted in any district. This section shall not apply to:

1.

Vehicles stored in conjunction with a business lawfully operated in nonresidential zoning districts, where the storage of such materials is necessary to the operation of the business; or

2.

An automobile or part thereof which is completely enclosed within a building in a lawful manner and where it is not visible from the street or other public or private property.

G.

Any person who allows a nuisance as set forth in this chapter to exist shall be notified that the nuisance must be removed within ten days after the receipt of the notice. If the nuisance continues to exist after that time, the person shall be guilty of a violation of this chapter and shall be punishable as set forth in Section 8.12.100. Such person shall be guilty of a separate offense for each day after the ten-day period that the nuisance continues to exist.

(Ord. No. O21-04, 10-12-2021)

A.

It shall be a violation of this chapter for any person to own or maintain or allow to exist any public nuisance or community decay on or adjacent to any public street or right-of-way or on any property occupied or unoccupied within the city limits.

B.

Definitions.

1.

"Agency" means the city or department designated by the city to enforce the community decay ordinance.

2.

"Community decay" means a public nuisance created by allowing rubble, debris, junk or refuse to accumulate resulting in conditions that are or could be injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property. "Community decay" as used in this chapter may not be construed or defined to apply to approved, normal farming, ranching or other permitted operations, or other approved agricultural facility, or appurtenances thereof, during the course of its normal operations.

3.

"Creating a hazard" means a dangerous condition existing on property that would be attractive to children, including such things as an unfenced swimming pool, a refrigerator or other container that could trap a child inside, and an un-barricaded construction site.

4.

"Junk" means any worn out, cast off or unusable article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some other use or for reduction into components. Junk includes but is not limited to old or scrap metal, rope, rags, household goods, appliances, furniture, vehicle parts or components, batteries, paper, tires, rubber debris or waste, iron, steel and other old or scrap ferrous or non-ferrous material.

5.

"Person" means an individual, firm, partnership, company, association, group, corporation, city, town, or any other entity whether organized for profit or not.

6.

"Public view" means community decay which is visible or detectable or noticeable from any point above the surface of the public street or right of way.

7.

"Shielding" refers to fencing, screening or other approved man-made or natural barriers that conceal property from public view. Any shielding must conform to all local zoning, planning, building and municipal code provisions. This is not intended to require approved permanent buildings or other approved appurtenances thereto to be shielded.

8.

"Uncared for Vegetation" means vegetation exceeding 8 inches above soil level, other than trees, shrubs, cultivated flowers, or gardens.

C.

Public nuisances include but are not limited to the following:

1.

To cause or suffer the carcass of any animal or any offal, filth, or noisome substance to be collected or to remain in any place in the city, or to the prejudice of others.

2.

Creating or maintaining on any premises for twenty-four hours or longer any decaying or putrid animal or vegetable matter which contaminates the atmosphere or endangers or injures the health of any person, or which is indecent or offensive to the senses, or interferes with the comfort or enjoyment of any resident in the city.

3.

Permit any nauseous, foul, or putrid liquor or other liquid substance to be discharged, placed, or thrown, or to flow from or out of any premises into or upon any adjacent premises, or any public street, alley, road or sidewalk, or into any channel or watercourse.

4.

Any cellar, vault, drain, pool, privy, or sewer belonging to or controlled by such person to become, from any cause, nauseous, foul, offensive or injurious to the public health, or unpleasant and disagreeable to adjacent residents or persons, within the limits of the city.

5.

Creating a hazard on any premises for more than twenty-four (24) hours.

6.

Keeping or maintaining any pen or enclosure, stable or building for animals in such a filthy or unwholesome condition as to be offensive to neighbors or passersby, or injurious to the health of the neighborhood.

7.

Allowing uncared for vegetation to remain on lot, boulevard, or abutting alleyway or street.

(Ord. No. O21-04, 10-12-2021)

The City of Laurel has a right of entry when necessary to perform an inspection or to enforce the provisions of this chapter when a violation is reasonably believed to exist.

A.

A condition which endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons, including but not limited to, the following:

The enumeration, below, shall not be deemed exclusive, but merely illustrative, it being the intent and purpose of this subsection to include as nuisances, all actions or things of the character described in subsection (A), above.

1.

Accumulating, maintaining or storing in public view on any lot or other parcel of land, any abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, household fixtures or equipment, or junk. If such material is being accumulated as part of an ongoing, active salvage business other than an approved licensed motor vehicle wrecking facility, the salvage business must be located in a properly zoned area for such a business;

2.

Accumulating, maintaining or storing in public view on any lot or other parcel of land any junk vehicle, component part of a motor vehicle, or any abandoned, wrecked, dismantled, or inoperative trailers, campers, boats or other watercraft. Any person possessing one or more junk vehicles, regardless of ownership, shall shield the vehicles from public view or remove the vehicles to a licensed motor vehicle wrecking facility or to a licensed motor vehicle graveyard, as defined by MCA § 75-10-501 annotated;

3.

Dumping, piling, or stacking of bricks, concrete blocks, waste wood and similar material on any lot or other parcel of land, unless said material is stacked in piles and all waste materials from the cleaning of such items, such as mortar, wood splinters, broken and unusable bricks, are removed;

4.

Maintaining or accumulating on any lot or other parcel of land, garbage, refuse, decaying vegetation, animal bedding, waste or feces, cesspool, water holes, unsealed water tanks, stagnant water, or any other condition which is or may reasonably become infested or inhabited by rodents, reptiles, vermin or wild animals or may furnish a breeding place for mosquitoes or flies;

5.

Maintaining or causing or permitting the same on any lot or other parcel of land, any building or premises which is determined to be dangerous or dilapidated. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous or dilapidated building, if such conditions or defects exist to the extent that the life, health, property, or safety of the occupants or the public are jeopardized:

6.

Fire or other casualty damage in public view which remains unrepaired for a period exceeding six months;

A building which is undergoing construction or remodeling for which a valid building permit has been issued by the city shall not be deemed in violation of this subsection so long as work thereon is prosecuted with reasonable diligence and so long as the building permit has not expired.

B.

Any premises where persons gather for the purpose of engaging in unlawful conduct;

C.

A condition which renders dangerous for passage any public highway or right-of-way or waters used by the public.

D.

It is a public nuisance to build or maintain an outside toilet within the city limits.

E.

A person commits the offense of maintaining a public nuisance if such person knowingly creates, conducts or maintains a public nuisance. The owner of a parcel of property and the occupant of the parcel of property are jointly and severally liable for any violation of this section. There is a rebuttable presumption that the person named as owner of the property on the current assessment list of the state department of revenue is the owner of the property for purposes of this chapter.

F.

Any act which affects an entire community or neighborhood or any considerable number of persons (as specified in subsection (a)(1) of this section) is no less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.

(Ord. No. O21-04, 10-12-2021)

A.

Unless otherwise specified by the provisions of this chapter, any person who violates the provisions of this chapter shall be deemed guilty of creating and maintaining a public nuisance, and upon conviction thereof shall be punishable by a fine for the first offense of not less than $100.00 and not more than $500.00.. The second offense shall be punishable by a fine of not less than $300.00 and not more than $500.00 or by imprisonment for a term not to exceed thirty days, or both. The third or subsequent offense shall be punishable by a fine of $500.00 or by imprisonment for a term not to exceed ninety days, or both.

B.

The court may order that in the city be authorized to abate the public nuisance if the property owner or occupant fails to do so, and that the costs incurred by the city in abating said nuisance shall be assessed to the real property and taxed as a special assessment against the same. Interest shall accrue at the rate of ten percent per annum from the date of the court's order.

C.

Each day of failure to comply with the provisions of this chapter shall constitute a separate offense.

(Ord. No. O21-04, 10-12-2021)

State Law reference— MCA 7-5-4207.

The remedies specified in this section shall be in addition to all other remedies provided by law. When a public nuisance has not been voluntarily abated within the time specified in the notice to abate, the following procedure shall apply.

(1)

The city may bring an action in the city court to have the nuisance declared as such by the court and for an order enjoining the public nuisance or authorizing its restraint, removal, termination or abatement by the owner or the person who caused the nuisance or the person who allowed the nuisance to be caused or to continue, or an administrative officer, his authorized representative, a police officer, a code enforcement officer, a community service officer or any person under contract with the city to perform such services.

(2)

The action to declare and abate a public nuisance shall be brought by the city in the name of the people of the city, by the filing of a complaint, which shall be verified or supported by an affidavit. Summons shall be issued and served as provided by state law for civil cases.

(3)

Upon the filing of the complaint in such action, the judge may issue a temporary injunction.

(4)

In such action evidence of the general reputation of the premises is admissible for the purpose of proving the existence of the nuisance.

(5)

If the existence of the nuisance is established, an order of abatement shall be entered as part of the judgment in the case. The judge issuing the order may, in his or her discretion:

(a)

confiscate all fixtures used on the premises to maintain the nuisance and either sell them and transmit the proceeds to the city general fund, destroy them, or return them to their rightful ownership;

(b)

close the premises for any period not to exceed 1 year, during which period the premises shall remain in the custody of the court;

(c)

allow the premises to be opened upon posting bond sufficient in amount to assure compliance with the order of abatement. The bond shall be forfeited if the nuisance is continued or resumed; or

(d)

any combination of the above.

(6)

A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one days from the date of service. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown.

(7)

The respondent shall file a response on or before the appearance date set forth in the notice of appearance.

(8)

Upon the date and at the time set for appearance and trial, if the respondent has filed no response and fails to appear and if the city proves that proper service was made on the respondent at least twenty-one days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order that enforcement by the city be stayed for ten days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any other date set for trial shall be grounds for entering a default and judgment thereon against a non-appearing party. For good cause shown, and prior to enforcement, the court may set aside an entry of default and judgment entered thereon.

(9)

The judgment of the city court may be appealed to the district court.

(10)

The procedure for determining the cost of abatement of a public nuisance will be as follows:

a.

Code enforcement staff will secure a contract for removal of the nuisance by following the usual city procurement process.

b.

Code enforcement staff will coordinate the abatement project with contractor, and oversee the work being performed.

c.

After the city mayor or his designee and the code enforcement staff have approved the final bill it will be forwarded to the city finance department for payment.

d.

A copy of approved bill(s) and proof of disbursement is placed in the code enforcement file maintained by code enforcement staff. These documents, along with the itemized abatement expense report are used to determine the total cost of abatement for the property. Costs that may be included on the abatement expense report are shown in subsection (7) h below. The abatement expense report is then certified and transmitted to the finance department for approval of assessment on the real property being abated.

e.

The property owner will then be sent an abatement expense report for the subject property and be given notice that any assessment that is not paid shall become a lien upon the property and is enforceable in the same manner as nonpayment of property taxes. The interest fee will be waived for any payments made within thirty days of notice.

f.

A summary listing of the assessments, tax codes, and property owners will be kept by the clerk and recorder through August 31st of each year, and the list shall be presented to the department of revenue for billing on the next real property tax statement.

g.

A special abatement fund will be established to account for costs, collections, and transactions necessary to the efficient operation of the program. Assessment funds collected are returned to the designated abatement account for future use on other involuntary property abatements or for transfer back to the city general fund.

h.

The city shall determine the actual costs of cleanup and involuntary abatement actions and document such costs. The following expenses will be assessed as the actual costs of abatement of a nuisance condition:

1.

Code Enforcement staff time/mileage/other costs.

2.

Police department staff time/mileage.

3.

Other involved city staff time/mileage/other cost.

4.

Postage/mailing costs.

5.

Other direct costs associated with abatement.

6.

The statutory judgment interest rate of ten percent per annum computed on above costs which will be waived if the total cost of abatement is paid by the property owner within thirty days of notice.

i.

The code enforcement staff has the discretion to coordinate and incur reasonable costs and services necessary for the safe, effective, and efficient cleanup of designated involuntary abatement properties. The code enforcement staff will notify the city mayor or his designee before any additional contracted costs in excess of one thousand dollars are incurred.

(Ord. No. O21-04, 10-12-2021)

"Noxious weeds" means non-native plants that have become established or that may be introduced in the state. These Noxious Weeds may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses. These plants are designated as "Noxious" by rule of the Montana Department of Agriculture or as a District Noxious Weed by the Yellowstone County Weed Board.

"Owner" means the title owner(s), representative(s) of any title owner, occupant(s), contract purchaser, or any other person or representative of any entity which holds a legal or equitable interest in any parcel.

(Ord. No. O21-04, 10-12-2021)

No owner of any parcel or area within the city, or agent of such owner, shall permit noxious weeds on such parcel or area and one-half of any road, alley or street abutting thereon. The existence of such noxious weeds shall constitute a public nuisance.

(Ord. No. O21-04, 10-12-2021)

A.

Whenever noxious weeds are found to exist upon any premises within the city, the city shall notify the owner of the property or, if no such person can be found, the person in control of the premises.

B.

The notice shall state that the existence of such noxious weeds constitutes a public nuisance, and shall order the owners, or persons in charge, to exterminate or remove all such weeds on any parcel or area within the city limits and upon one-half of any adjacent road, street, or alley. The notice shall further inform such property owners, or their agents, that upon their failure to remove or exterminate such weeds within a specified time, the city may proceed to have such weeds removed or exterminated and assess the cost thereof to the property involved.

C.

Personal notice of the order shall be served. In case personal service cannot be obtained, then the notice shall be published in a prominently displayed advertisement, once a week for two weeks in a newspaper in the city, or if no such paper exists, in a newspaper within the county. The last date of publication shall be not less than seven days prior to the date upon which the city shall commence the removal of weeds from such property.

(Ord. No. O21-04, 10-12-2021)

Upon the failure, neglect or refusal of any owner or owners, or agent thereof, to exterminate or remove noxious weeds growing, lying, or located upon the property of the owner or upon one-half of any road, alley, or street abutting the parcel before the date specified in the notice, the city official may exterminate or remove such noxious weeds. Such official shall report to the city clerk-treasurer the cost of such extermination. The city clerk-treasurer shall make an additional charge of ten percent to cover administrative costs. The total costs shall be assessed against the parcel of land from which or abutting road, street, or alley which the noxious weeds have been exterminated or removed. The city clerk-treasurer shall cause the aforesaid costs to become a lien against the property involved.

(Ord. No. O21-04, 10-12-2021)

Any person violating a provision of this chapter shall, upon complaint and conviction thereof, be punished by a fine not exceeding five hundred dollars.

(Ord. No. O21-04, 10-12-2021)