Montana § 76-4-109 Penalties

Montana Statutes

§ 76-4-109 — Penalties

Montana·Title 76 LAND RESOURCES AND USE·Ch. 4 STATE REGULATION OF SUBDIVISIONS·Part 1 Sanitation in Subdivisions

76-4-109 . Penalties.

(1)A person who violates a provision of this part, except 76-4-122 (1), or a rule adopted or an order issued under this part is guilty of an offense and subject to a fine in an amount not to exceed $1,000.

(2)(a) In addition to the fine specified in subsection (1), a person who violates any provision of this part or any rule adopted or order issued under this part is subject to an administrative penalty in an amount not to exceed $250 or a civil penalty in an amount not to exceed $1,000. Each day of violation constitutes a separate violation.

(b)Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 76-4-1001 . An action to recover penalties must be brought in the district court of the county in which the violation

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76-4-109 . Penalties. (1) A person who violates a provision of this part, except 76-4-122 (1), or a rule adopted or an order issued under this part is guilty of an offense and subject to a fine in an amount not to exceed $1,000.
(2) (a) In addition to the fine specified in subsection (1), a person who violates any provision of this part or any rule adopted or order issued under this part is subject to an administrative penalty in an amount not to exceed $250 or a civil penalty in an amount not to exceed $1,000. Each day of violation constitutes a separate violation.
(b) Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 76-4-1001 . An action to recover penalties must be brought in the district court of the county in which the violation occurred.
(3) Penalties imposed under subsection (1) or (2) do not bar enforcement of this part or rules or orders issued under it by injunction or other appropriate remedy.
(4) The purpose of this section is to provide additional and cumulative remedies.

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Legislative History

En. Sec. 7, Ch. 509, L. 1973; R.C.M. 1947, 69-5008(part); amd. Sec. 7, Ch. 490, L. 1985; amd. Sec. 8, Ch. 443, L. 2005; amd. Sec. 23, Ch. 487, L. 2005; amd. Sec. 44, Ch. 535, L. 2021.