§ 76-25-504 — Enforcement And Penalties

Montana § 76-25-504

• Jurisdiction: Montana
• Title 76: LAND RESOURCES AND USE
• Ch. 25: MONTANA LAND USE PLANNING ACT
• Part 5: Fees, Variances, Appeals, Enforcement, and Penalties

Text

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.
(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.

Legislative History

En. Sec. 38, Ch. 500, L. 2023.