Montana Code 76-25-504. Enforcement and penalties
76-25-504. Enforcement and penalties. (1) A local government may, by ordinance, establish civil penalties for violations of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter.
Terms Used In Montana Code 76-25-504
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Local government: means a county, consolidated city-county, or an incorporated municipality to which the provisions of this chapter apply as provided in 76-25-105. See Montana Code 76-25-103
- Property: means real and personal property. See Montana Code 1-1-205
(2)Prior to seeking civil penalties against a property owner, a local government shall provide:
(a)written notice, by mail or hand delivery, of each ordinance violation to the address of the owner of record on file in the office of the county recorder;
(b)a reasonable opportunity to cure a noticed violation; and
(c)a schedule of the civil penalties that may be imposed on the owner for failure to cure the violation before expiration of a time certain.
(3)A local government may, in addition to other remedies provided by law, seek:
(a)an injunction, mandamus, abatement, or any other appropriate action provided for in law;
(b)proceedings to prevent, enjoin, abate, or remove an unlawful building, use, occupancy, or act; or
(c)criminal prosecution for violation of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter as a misdemeanor punishable by a fine not to exceed $500 per day for each violation.
(4)In any enforcement action taken under this section or remedy sought thereunder, the parties shall pay their own costs and attorney fees.
