Townsend City Zoning Code

13.40 ADMINISTRATION

FEES, AND PENALTIES

13.40.010 Review Authority

The City Council has the right to review and require revisions to all development proposals subject to this title, and delegates that authority in certain circumstances as set forth below to its designees. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of Townsend; to protect the right of use of property; advance the purposes and standards of this title and the adopted growth policy; and to ensure that the applicable regulations of the City are upheld.
The City Council, or its designees shall, upon recommendation from appropriate agencies, entities or City staff as may be applicable, approve, approve with conditions, or deny all applications subject to this title. Decisions of the City staff are subject to the appeal provisions of this title.
1. Exception: The City Council may, by an affirmative vote of the majority of the present and voting members of the City Council at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the City staff. The vote shall occur prior to the action of the City staff.
The City Council or its designees may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations.

13.40.020 Zoning Administrator

Designation of the Zoning Administrator. The City Council shall designate a Zoning Administrator to administer and enforce this ordinance. The City Council may direct City personnel or departments to provide assistance as appropriate.
Duties of the Zoning Administrator.
1. The Zoning Administrator shall receive applications for zoning permits, conditional use permits and variance requests; review applications and plans; issue zoning permits; and coordinate inspection of premises and properties.
2. Where the Zoning Administrator finds that any of the provisions of this ordinance are being violated, the Zoning Administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. He/she shall order discontinuance of illegal buildings or structures or of illegal additions, alterations, or structural changes; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
3. The Zoning Administrator shall:
  1. Serve as an advisor to the Zoning Commission, Board of Adjustment and City Council on matters relating to administration and enforcement of this Zoning Ordinance.
  2. Prepare staff reports as required under this Ordinance.
  3. Prepare and maintain records of all proceedings required or authorized under this Ordinance.

13.40.030 Zoning Commission

The City Council shall establish a Zoning Commission and appoint members to the Commission. The Zoning Commission shall have the following duties:
1. Review proposals and make recommendations to the City Council regarding proposals for the amendment of this ordinance and the Official Zoning Map.
2. Review and approve applications for conditional use permits under the procedures set forth in TMC 13.16.030, Conditional Use Permits.
3. Assume the duties of the Zoning Administrator when required by the City Council.

13.40.040 Administration

The City Council or its designees shall administer and enforce this title. He/she may be provided with the assistance of such other persons as the City Council may supervise and those assistants shall have essentially the same responsibilities as directed by the City Council.
The City Council or its designees may in the administration of this title consult with other persons having expertise in relevant subject areas as in his/her opinion is necessary for the review of the proposed development or administration of the title.

13.40.050 Enforcement - The City Council Or Its Designees

This title shall be enforced by the City Council, or its designees. No development approval, building permit or business or occupational use license shall be issued, except in compliance with the provisions of this title.
If the City Council or its designees shall find that any of the provisions of this title are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or prevent violation of its provisions.

13.40.060 Stop Work Order - The City Council, Or Its Designees, Building Official, City Engineer Authority

Whenever any development or building work is being done contrary to the provisions of this title, the City Council, or its designees shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the City Council, or its designated designees to proceed with the work. The Building Official or City Engineer may also issue a stop-work order when building work is being done contrary to the provisions of this title.

13.40.070 Permission To Enter

The City Council, or its designees, may conduct such investigations, examinations, and site evaluations as they deem necessary to verify the information supplied. The submission of an application for review shall constitute a grant of permission to enter the subject property.

13.40.080 Inaccurate Or Incomplete Information And Waivers

The City shall review each submitted application for acceptability and sufficiency as described in this title.
The final approval body may withdraw approval or conditional approval of a development approval if they determine that information provided by the applicant, and upon which approval or conditional approval of the development was based, is inaccurate or incomplete.
1. Within thirty calendar days following approval or conditional approval of a development application, any person or agency that claims that information provided by the applicant is inaccurate or incomplete may submit the information and proof to the City staff.
2. The City Council, or its designees, shall investigate the claim, the accompanying information and proof, and make a report to the final approval authority (City Council, or its designees) within thirty working days after receipt of the information. If the final approval authority is the City Council, the Council shall consider the information and proof, and shall make a determination regarding the claim at a regular meeting. Notice of the meeting or presentation of the report shall be given to the claimant and the applicant.

13.40.090 Date Of Submittal And Associated Review Standards

Review of development applications shall be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed sufficient according to this title. An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the development application shall be reviewed under the ordinances in effect on the date of the final action on the application.

13.40.100 Building Permit Requirements

No building or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits.
Based upon an approved sketch plan, site plan, or conditional use permit (hereinafter referred to as “plan”), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the City staff. In such instances, the City staff shall determine that the terms and circumstances have not significantly changed since the initial approval.

13.40.110 Business License Requirements

No building or other structure shall be used for businesses purposes without a valid business license.
Based upon an approved sketch plan, site plan, or conditional use permit (hereinafter referred to as “plan”), and after any appeals have been resolved, a business license for the site may be requested and may be granted, provided such business license is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the City staff. In such instances, the City staff shall determine that the terms and circumstances have not significantly changed since the initial approval.

13.40.120 Permit Issuance - Conformity With Regulations Required

No permit or license of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Building Official and City staff authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title, punishable as provided in this chapter.

13.40.130 Permits Issued Contrary To Title Deemed Void

Any authorization, including without limitation site plan approval or building permit, issued, granted or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any work undertaken, or use established pursuant to any such building permit or other authorization shall be unlawful.

13.40.140 Fee Schedule

The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this title. The schedule of fees for the procedures listed below shall be set from time to time by the City Council by resolution. The fee schedule shall be available in the City offices and may be altered or amended only by the City Council.
No permit, zone change, site plan, conditional use, special temporary use, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Zoning Commission, Board of Adjustment, or City Council until fees have been paid in full.

13.40.150 Complaints Of Alleged Violations - Filing And Recording

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the City staff. He/she shall record properly such complaint and immediately investigate and take action thereon as provided by this title. Upon receipt of verbal complaints, City staff may, as time permits, record such complaint, investigate, and take action thereon as provided by this title.

13.40.160 Violation - Penalty - Assisting Or Abetting - Additional Remedies

Any violation of this Title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the City staff and/or City Council, is punishable as a misdemeanor. Any person convicted of this offense shall be fined not to exceed Five Hundred Dollars ($500.00), imprisoned in the county jail for a term not to exceed 6 months, or both.
1. Each day such violation continues shall be considered a separate offense and punishable as such.
The code compliance officer is authorized to issue a notice to appear under the provisions of §46-6-310, MCA to any violator of this title.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
When a violation has not been corrected by the property owner after written notice from the City Council or its designee, the City may seek approval for filing at the Broadwater County Clerk and Recorder’s Office a Notice of Violation or Noncompliance. Such notice shall serve to advise potential purchasers of existing violations of this title or of on-going enforcement actions regarding a property. Such notice shall clearly state that the parcel or development on the parcel is in violation of this title and that correction of the violation must be made prior to the City approving additional development or redevelopment of the site. The notice shall also describe the nature of the violation and applicable citations to the relevant sections of this title.
1. When such a notice is to be filed the code compliance officer shall either:
  1. Through the office of the City Attorney bring an action for civil and/or injunctive relief that requests a court order to record a Notice of Violation or Noncompliance; or
  2. Schedule a public hearing to be held before the City Council with the intention of receiving an order from the City Council confirming the validity of the violation and the need for correction and authorizing the recording of the Notice of Violation or Noncompliance. Notice of such a hearing shall be provided as required by this title.
2. When a violation has been corrected for which a Notice of Violation or Noncompliance was filed, the City shall record a release of noncompliance indicating that the prior violation has been corrected. The property owner is responsible for notifying the City in writing of the correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the code compliance officer shall conduct an inspection to verify correction prior to the recording of the release.
The City may maintain an action or proceedings in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any provision of this title.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

HISTORY
Amended by Ord. 2023-02 on 12/19/2023

2023-02

Townsend City Zoning Code

13.40 ADMINISTRATION

FEES, AND PENALTIES

13.40.010 Review Authority

The City Council has the right to review and require revisions to all development proposals subject to this title, and delegates that authority in certain circumstances as set forth below to its designees. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of Townsend; to protect the right of use of property; advance the purposes and standards of this title and the adopted growth policy; and to ensure that the applicable regulations of the City are upheld.
The City Council, or its designees shall, upon recommendation from appropriate agencies, entities or City staff as may be applicable, approve, approve with conditions, or deny all applications subject to this title. Decisions of the City staff are subject to the appeal provisions of this title.
1. Exception: The City Council may, by an affirmative vote of the majority of the present and voting members of the City Council at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the City staff. The vote shall occur prior to the action of the City staff.
The City Council or its designees may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations.

13.40.020 Zoning Administrator

Designation of the Zoning Administrator. The City Council shall designate a Zoning Administrator to administer and enforce this ordinance. The City Council may direct City personnel or departments to provide assistance as appropriate.
Duties of the Zoning Administrator.
1. The Zoning Administrator shall receive applications for zoning permits, conditional use permits and variance requests; review applications and plans; issue zoning permits; and coordinate inspection of premises and properties.
2. Where the Zoning Administrator finds that any of the provisions of this ordinance are being violated, the Zoning Administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. He/she shall order discontinuance of illegal buildings or structures or of illegal additions, alterations, or structural changes; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
3. The Zoning Administrator shall:
  1. Serve as an advisor to the Zoning Commission, Board of Adjustment and City Council on matters relating to administration and enforcement of this Zoning Ordinance.
  2. Prepare staff reports as required under this Ordinance.
  3. Prepare and maintain records of all proceedings required or authorized under this Ordinance.

13.40.030 Zoning Commission

The City Council shall establish a Zoning Commission and appoint members to the Commission. The Zoning Commission shall have the following duties:
1. Review proposals and make recommendations to the City Council regarding proposals for the amendment of this ordinance and the Official Zoning Map.
2. Review and approve applications for conditional use permits under the procedures set forth in TMC 13.16.030, Conditional Use Permits.
3. Assume the duties of the Zoning Administrator when required by the City Council.

13.40.040 Administration

The City Council or its designees shall administer and enforce this title. He/she may be provided with the assistance of such other persons as the City Council may supervise and those assistants shall have essentially the same responsibilities as directed by the City Council.
The City Council or its designees may in the administration of this title consult with other persons having expertise in relevant subject areas as in his/her opinion is necessary for the review of the proposed development or administration of the title.

13.40.050 Enforcement - The City Council Or Its Designees

This title shall be enforced by the City Council, or its designees. No development approval, building permit or business or occupational use license shall be issued, except in compliance with the provisions of this title.
If the City Council or its designees shall find that any of the provisions of this title are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or prevent violation of its provisions.

13.40.060 Stop Work Order - The City Council, Or Its Designees, Building Official, City Engineer Authority

Whenever any development or building work is being done contrary to the provisions of this title, the City Council, or its designees shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the City Council, or its designated designees to proceed with the work. The Building Official or City Engineer may also issue a stop-work order when building work is being done contrary to the provisions of this title.

13.40.070 Permission To Enter

The City Council, or its designees, may conduct such investigations, examinations, and site evaluations as they deem necessary to verify the information supplied. The submission of an application for review shall constitute a grant of permission to enter the subject property.

13.40.080 Inaccurate Or Incomplete Information And Waivers

The City shall review each submitted application for acceptability and sufficiency as described in this title.
The final approval body may withdraw approval or conditional approval of a development approval if they determine that information provided by the applicant, and upon which approval or conditional approval of the development was based, is inaccurate or incomplete.
1. Within thirty calendar days following approval or conditional approval of a development application, any person or agency that claims that information provided by the applicant is inaccurate or incomplete may submit the information and proof to the City staff.
2. The City Council, or its designees, shall investigate the claim, the accompanying information and proof, and make a report to the final approval authority (City Council, or its designees) within thirty working days after receipt of the information. If the final approval authority is the City Council, the Council shall consider the information and proof, and shall make a determination regarding the claim at a regular meeting. Notice of the meeting or presentation of the report shall be given to the claimant and the applicant.

13.40.090 Date Of Submittal And Associated Review Standards

Review of development applications shall be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed sufficient according to this title. An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the development application shall be reviewed under the ordinances in effect on the date of the final action on the application.

13.40.100 Building Permit Requirements

No building or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits.
Based upon an approved sketch plan, site plan, or conditional use permit (hereinafter referred to as “plan”), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the City staff. In such instances, the City staff shall determine that the terms and circumstances have not significantly changed since the initial approval.

13.40.110 Business License Requirements

No building or other structure shall be used for businesses purposes without a valid business license.
Based upon an approved sketch plan, site plan, or conditional use permit (hereinafter referred to as “plan”), and after any appeals have been resolved, a business license for the site may be requested and may be granted, provided such business license is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the City staff. In such instances, the City staff shall determine that the terms and circumstances have not significantly changed since the initial approval.

13.40.120 Permit Issuance - Conformity With Regulations Required

No permit or license of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Building Official and City staff authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title, punishable as provided in this chapter.

13.40.130 Permits Issued Contrary To Title Deemed Void

Any authorization, including without limitation site plan approval or building permit, issued, granted or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any work undertaken, or use established pursuant to any such building permit or other authorization shall be unlawful.

13.40.140 Fee Schedule

The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this title. The schedule of fees for the procedures listed below shall be set from time to time by the City Council by resolution. The fee schedule shall be available in the City offices and may be altered or amended only by the City Council.
No permit, zone change, site plan, conditional use, special temporary use, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Zoning Commission, Board of Adjustment, or City Council until fees have been paid in full.

13.40.150 Complaints Of Alleged Violations - Filing And Recording

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the City staff. He/she shall record properly such complaint and immediately investigate and take action thereon as provided by this title. Upon receipt of verbal complaints, City staff may, as time permits, record such complaint, investigate, and take action thereon as provided by this title.

13.40.160 Violation - Penalty - Assisting Or Abetting - Additional Remedies

Any violation of this Title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the City staff and/or City Council, is punishable as a misdemeanor. Any person convicted of this offense shall be fined not to exceed Five Hundred Dollars ($500.00), imprisoned in the county jail for a term not to exceed 6 months, or both.
1. Each day such violation continues shall be considered a separate offense and punishable as such.
The code compliance officer is authorized to issue a notice to appear under the provisions of §46-6-310, MCA to any violator of this title.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
When a violation has not been corrected by the property owner after written notice from the City Council or its designee, the City may seek approval for filing at the Broadwater County Clerk and Recorder’s Office a Notice of Violation or Noncompliance. Such notice shall serve to advise potential purchasers of existing violations of this title or of on-going enforcement actions regarding a property. Such notice shall clearly state that the parcel or development on the parcel is in violation of this title and that correction of the violation must be made prior to the City approving additional development or redevelopment of the site. The notice shall also describe the nature of the violation and applicable citations to the relevant sections of this title.
1. When such a notice is to be filed the code compliance officer shall either:
  1. Through the office of the City Attorney bring an action for civil and/or injunctive relief that requests a court order to record a Notice of Violation or Noncompliance; or
  2. Schedule a public hearing to be held before the City Council with the intention of receiving an order from the City Council confirming the validity of the violation and the need for correction and authorizing the recording of the Notice of Violation or Noncompliance. Notice of such a hearing shall be provided as required by this title.
2. When a violation has been corrected for which a Notice of Violation or Noncompliance was filed, the City shall record a release of noncompliance indicating that the prior violation has been corrected. The property owner is responsible for notifying the City in writing of the correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the code compliance officer shall conduct an inspection to verify correction prior to the recording of the release.
The City may maintain an action or proceedings in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any provision of this title.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

HISTORY
Amended by Ord. 2023-02 on 12/19/2023

2023-02

Townsend City Zoning Code

13.40 ADMINISTRATION

FEES, AND PENALTIES

13.40.010 Review Authority

The City Council has the right to review and require revisions to all development proposals subject to this title, and delegates that authority in certain circumstances as set forth below to its designees. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of Townsend; to protect the right of use of property; advance the purposes and standards of this title and the adopted growth policy; and to ensure that the applicable regulations of the City are upheld.
The City Council, or its designees shall, upon recommendation from appropriate agencies, entities or City staff as may be applicable, approve, approve with conditions, or deny all applications subject to this title. Decisions of the City staff are subject to the appeal provisions of this title.
1. Exception: The City Council may, by an affirmative vote of the majority of the present and voting members of the City Council at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the City staff. The vote shall occur prior to the action of the City staff.
The City Council or its designees may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations.

13.40.020 Zoning Administrator

Designation of the Zoning Administrator. The City Council shall designate a Zoning Administrator to administer and enforce this ordinance. The City Council may direct City personnel or departments to provide assistance as appropriate.
Duties of the Zoning Administrator.
1. The Zoning Administrator shall receive applications for zoning permits, conditional use permits and variance requests; review applications and plans; issue zoning permits; and coordinate inspection of premises and properties.
2. Where the Zoning Administrator finds that any of the provisions of this ordinance are being violated, the Zoning Administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. He/she shall order discontinuance of illegal buildings or structures or of illegal additions, alterations, or structural changes; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
3. The Zoning Administrator shall:
  1. Serve as an advisor to the Zoning Commission, Board of Adjustment and City Council on matters relating to administration and enforcement of this Zoning Ordinance.
  2. Prepare staff reports as required under this Ordinance.
  3. Prepare and maintain records of all proceedings required or authorized under this Ordinance.

13.40.030 Zoning Commission

The City Council shall establish a Zoning Commission and appoint members to the Commission. The Zoning Commission shall have the following duties:
1. Review proposals and make recommendations to the City Council regarding proposals for the amendment of this ordinance and the Official Zoning Map.
2. Review and approve applications for conditional use permits under the procedures set forth in TMC 13.16.030, Conditional Use Permits.
3. Assume the duties of the Zoning Administrator when required by the City Council.

13.40.040 Administration

The City Council or its designees shall administer and enforce this title. He/she may be provided with the assistance of such other persons as the City Council may supervise and those assistants shall have essentially the same responsibilities as directed by the City Council.
The City Council or its designees may in the administration of this title consult with other persons having expertise in relevant subject areas as in his/her opinion is necessary for the review of the proposed development or administration of the title.

13.40.050 Enforcement - The City Council Or Its Designees

This title shall be enforced by the City Council, or its designees. No development approval, building permit or business or occupational use license shall be issued, except in compliance with the provisions of this title.
If the City Council or its designees shall find that any of the provisions of this title are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or prevent violation of its provisions.

13.40.060 Stop Work Order - The City Council, Or Its Designees, Building Official, City Engineer Authority

Whenever any development or building work is being done contrary to the provisions of this title, the City Council, or its designees shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the City Council, or its designated designees to proceed with the work. The Building Official or City Engineer may also issue a stop-work order when building work is being done contrary to the provisions of this title.

13.40.070 Permission To Enter

The City Council, or its designees, may conduct such investigations, examinations, and site evaluations as they deem necessary to verify the information supplied. The submission of an application for review shall constitute a grant of permission to enter the subject property.

13.40.080 Inaccurate Or Incomplete Information And Waivers

The City shall review each submitted application for acceptability and sufficiency as described in this title.
The final approval body may withdraw approval or conditional approval of a development approval if they determine that information provided by the applicant, and upon which approval or conditional approval of the development was based, is inaccurate or incomplete.
1. Within thirty calendar days following approval or conditional approval of a development application, any person or agency that claims that information provided by the applicant is inaccurate or incomplete may submit the information and proof to the City staff.
2. The City Council, or its designees, shall investigate the claim, the accompanying information and proof, and make a report to the final approval authority (City Council, or its designees) within thirty working days after receipt of the information. If the final approval authority is the City Council, the Council shall consider the information and proof, and shall make a determination regarding the claim at a regular meeting. Notice of the meeting or presentation of the report shall be given to the claimant and the applicant.

13.40.090 Date Of Submittal And Associated Review Standards

Review of development applications shall be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed sufficient according to this title. An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the development application shall be reviewed under the ordinances in effect on the date of the final action on the application.

13.40.100 Building Permit Requirements

No building or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits.
Based upon an approved sketch plan, site plan, or conditional use permit (hereinafter referred to as “plan”), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the City staff. In such instances, the City staff shall determine that the terms and circumstances have not significantly changed since the initial approval.

13.40.110 Business License Requirements

No building or other structure shall be used for businesses purposes without a valid business license.
Based upon an approved sketch plan, site plan, or conditional use permit (hereinafter referred to as “plan”), and after any appeals have been resolved, a business license for the site may be requested and may be granted, provided such business license is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the City staff. In such instances, the City staff shall determine that the terms and circumstances have not significantly changed since the initial approval.

13.40.120 Permit Issuance - Conformity With Regulations Required

No permit or license of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Building Official and City staff authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title, punishable as provided in this chapter.

13.40.130 Permits Issued Contrary To Title Deemed Void

Any authorization, including without limitation site plan approval or building permit, issued, granted or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any work undertaken, or use established pursuant to any such building permit or other authorization shall be unlawful.

13.40.140 Fee Schedule

The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this title. The schedule of fees for the procedures listed below shall be set from time to time by the City Council by resolution. The fee schedule shall be available in the City offices and may be altered or amended only by the City Council.
No permit, zone change, site plan, conditional use, special temporary use, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Zoning Commission, Board of Adjustment, or City Council until fees have been paid in full.

13.40.150 Complaints Of Alleged Violations - Filing And Recording

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the City staff. He/she shall record properly such complaint and immediately investigate and take action thereon as provided by this title. Upon receipt of verbal complaints, City staff may, as time permits, record such complaint, investigate, and take action thereon as provided by this title.

13.40.160 Violation - Penalty - Assisting Or Abetting - Additional Remedies

Any violation of this Title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the City staff and/or City Council, is punishable as a misdemeanor. Any person convicted of this offense shall be fined not to exceed Five Hundred Dollars ($500.00), imprisoned in the county jail for a term not to exceed 6 months, or both.
1. Each day such violation continues shall be considered a separate offense and punishable as such.
The code compliance officer is authorized to issue a notice to appear under the provisions of §46-6-310, MCA to any violator of this title.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
When a violation has not been corrected by the property owner after written notice from the City Council or its designee, the City may seek approval for filing at the Broadwater County Clerk and Recorder’s Office a Notice of Violation or Noncompliance. Such notice shall serve to advise potential purchasers of existing violations of this title or of on-going enforcement actions regarding a property. Such notice shall clearly state that the parcel or development on the parcel is in violation of this title and that correction of the violation must be made prior to the City approving additional development or redevelopment of the site. The notice shall also describe the nature of the violation and applicable citations to the relevant sections of this title.
1. When such a notice is to be filed the code compliance officer shall either:
  1. Through the office of the City Attorney bring an action for civil and/or injunctive relief that requests a court order to record a Notice of Violation or Noncompliance; or
  2. Schedule a public hearing to be held before the City Council with the intention of receiving an order from the City Council confirming the validity of the violation and the need for correction and authorizing the recording of the Notice of Violation or Noncompliance. Notice of such a hearing shall be provided as required by this title.
2. When a violation has been corrected for which a Notice of Violation or Noncompliance was filed, the City shall record a release of noncompliance indicating that the prior violation has been corrected. The property owner is responsible for notifying the City in writing of the correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the code compliance officer shall conduct an inspection to verify correction prior to the recording of the release.
The City may maintain an action or proceedings in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any provision of this title.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

HISTORY
Amended by Ord. 2023-02 on 12/19/2023