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.

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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.