RESOLUTION 2004-28

AN AMENDMENT TO PROVIDE FOR UNIFORM PENALTIES FOR VIOLATIONS OF PARTS 1, 2 AND 3 ZONING REGULATIONS.

It is the intent of the Montana Association of Counties to support legislation that amends current statutes to provide for uniform penalty provisions for violations of zoning regulations for Part 1 (petition created), Part 2 (county created) and Part 3 (municipal) zoning.

WHEREAS, Part 1 zoning provides for enforcement of violations, but does not provide for penalties; and

WHEREAS, Part 2 zoning provides for enforcement of violations, but only allows for criminal penalties; and

WHEREAS, Part 3 zoning provides for enforcement of violations and also provides for both civil and criminal penalties; and

WHEREAS, zoning regulations are of little use without the ability to enforce the regulations because of the lack of penalty provisions; and

WHEREAS, having different penalty provisions between types of zoning makes enforcement difficult and confusing.

NOW, THEREFORE BE IT RESOLVED that the Montana Association of Counties support amending current statutes to provide for uniform enforcement and penalty provisions for all types of zoning.

SPONSOR: Gallatin County

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: Land Use Planning

ADOPTED:

AN ACT PROVIDING FOR UNIFORM ENFORCEMENT AND PENALTIES OF ZONING REGULATIONS; AUTHORIZING THE GOVERNING BODY TO ADOPT ORDINANCES TO PROVIDE FOR PENALTIES; REPEALING SECTIONS 76-2-113, 76-2-210, AND 76-2-308; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Enforcement of zoning regulations and ordinances. (1) The governing body of a county, city or town council or other legislative body may provide by ordinance for the enforcement of this part and of any regulation or ordinance made thereunder.

(2) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the county or, municipality, in addition to other remedies, may institute any appropriate action or proceedings to

(a) prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(b) to restrain, correct, or abate such violation;

(c) to prevent the occupancy of such building, structure, or land ;or

(d) to prevent any illegal act, conduct, business, or use in or about such premises.

Section 2. Violations and penalties. (1)The ordinance authorized in (section 1) may provide that a A violation of the zoning regulations authorized in Title 76, Chapter2 and (section 1) this part or of such ordinance or regulation made pursuant to 76-2-308(1) is

(a) a misdemeanor, and such county, city or town council or other legislative body may provide for the punishment thereof by fine or imprisonment or both; or.

(b) (2) It is also empowered to provide civil penalties for such violation; or

(c) both.

(2) The governing body of the county, city or town council or other legislative body may appoint enforcing officers to supervise and enforce the provisions of the zoning resolutions.

Section 3.  Repealer. Sections 76-2-113, 76-2-210, and 76-2-308, MCA, are repealed.

Section 4.  Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 76, Chapter 2.

Section 5.  Effective date. [This act] is effective on passage and approval.