HomeMy WebLinkAboutResolution 2827 Establishing enforcement policy for zone code
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COMMISSION RESOLUTION NO. 2827
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF
BOZEMAN, MONTANA, ESTABLISH ING POLICIES FOR THE
EN-
FORCEMENT OF THE PROVISIONS OF THE CITY
OF BOZEMAN
ZONE CODE.
WHEREAS, the City of Bozeman has identified zone code enforcement as a
top priority in an effort to enhance the public health, safety and general wel-
fare; and
WHEREAS, the City of Bozeman wishes to ensure fair, consistent
and
predictable zone code enforcement procedures through the adoption of a compre-
hensive Zone Code Enforcement Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Bozeman that the Zone Code Enforcement Policy of the City of Bozeman shall
be as follows:
Section 1
Organization
1. The Planning Director or his/her designated representative shall
administer and enforce all the provisions of the City of Bozeman
Zone Code
(hereinafter referred to as II zone codell).
2. The Planning Director shall have the power to render interpreta-
tions of the zone code, as provided in the zone code. Such interpretations,
ru les and regulations shall be in conformity with the intent and purpose of the
zone code and any adopted Master Plan. I nterpretations may be appealed
in
accordance with Chapter 18.56 of the Bozeman Municipal Code.
3. In accordance with the prescribed procedures and with the ap-
proval of the City Manager, the Planning Director may appoint such number of
technical officers and other employees as may be necessary to carry out the
functions of the enforcement of the zone code.
Section 2
Enforcement Procedures
1. Whenever a violation of the zone code occurs or is alleged to have
occurred, any person may fi Ie a Service Request for investigation on a form
provided by the City-County Planning Office (see attached Form 8D001). The
information to be recorded shall be the following:
a. Date of the request and by whom the information was re-
ceived;
b. How the request was received (e.g., by phone, in person,
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in writing) . Written requests shall be
attached to the Service
Request form;
c. Address or location of the alleged code violation; and
d. Brief description of the suspected code violation.
2. Such requests shall be routed to the Planning Director or his/her
designated representative.
3. The Planning Director or his/her designated representative shall
drive by the location of the suspected violation to determine if further action is
warranted. A request that cannot be verified through a drive by shall be made
in writing. The written request shall include the following:
a. Name, address and telephone number
of the person re-
questing action by the City of Bozeman;
b. Address or location of the alleged code violation;
c. Specific area of concern (i.e., indoor activity);
d. Brief description of the suspected violation; and
e. The person's signature.
4. During the initial investigation, any conditions which exist
con-
trary to the provisions of the zone code shall be brought to the attention of the
subject property owner and/or person (s) responsible. A Notice of Non-compli-
ance (see Form BD002) may be issued at this time and shall include the follow-
ing:
a. Pertinent code section(s);
b. Location of the property;
c. Name of the owner and/or person responsible;
d. Brief description of any violation/non-compliance;
e. Place for the person receiving the Notice
to sign his/ her
name; and
f. Date for compliance and re-inspection.
5. Continuation of any violation that has been documented with a No-
tice of Non-compliance may be addressed through a formal letter, sent certified
mail or hand delivered to the subject property owner and/or person responsi-
ble, requiring correction of any discrepancies within five (5) working days from
receipt of the letter.
6. In the event any violation persists beyond
the requirements of
the previous enforcement actions, a Warning Notice (see
Form BD003 ) may be
issued, either by certified mail or hand del ivered
to the subject property
owner, requiring rectification of any violation/non-compliance within twenty-four
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(24 ) hours of receipt of the notification. The Warning Notice shall include the
following:
a. Address or location of the offense;
b. Business name, if applicable;
c. Property address;
d. Subject property owner's name and address;
e. Date the Notice was del ivered;
f. Pertinent code section and a description of any violation!
non-compl iance;
g. Signature of the staff member issuing the Notice;
h. Staff member's title;
i. Method of delivery; and
j . Place for the person receiving
the Notice to sign his/her
name.
7. Having exhausted any or all of the above enforcement procedures
and the violation persists, the matter shall be forwarded to the City Attorney.
a. For the purposes of enforcement under this section,
if any vio-
lation(s) or substantially similar violation(s)
reoccur( s) on the same premises
after any enforcement action has been implemented, any phase of the enforce-
ment procedure may be implemented, including filing of a complaint.
9. I f the Planning Director or his/her designated representative de-
termines that immediate corrective action is warranted,
any phase of the en-
forcement procedure may be implemented.
10. The Planning Director or his/ her
designated representative may
grant an extension of any time limits set for correction of any discrepancies,
due to hardship or other pertinent circumstances or conditions.
Section 3
Penalties
1. Violation of any of the provisions of the zone code or failure to
comply with any of its requirements, including violations of conditions and safe-
guards established in connection with the
granting of variances or condition
uses or any of the requirements imposed by the City-County Planning
Board,
City Commission, Design Review Board or
the Development Review Committee,
shall constitute a misdemeanor.
Any person who violates any of the provisions of the zone code or fails
to comply with any of its requirements shall
be subject to the penalties
set
forth in Chapter 1a. 70 of the Bozeman Municipal Code.
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2. The owner or tenant of any building, structure, premises or part
thereof, and any architect, builder, contractor, agent or other person
who
commits, participates in, assists or maintains, such violation may each be found
guilty as a separate offense and be subject to the penalties set forth in Chapter
18.70 of the Bozeman Municipal Code.
3. Nothing herein contained shall prevent the City from taking such
other lawful action as is necessary to prevent or remedy any violation.
PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 8th day of Apri I 1991.
~
RO~"/ L. H WKS, ayor
ATTEST:
~L~~
Clerk of the Commission
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SERVICE REQUEST: ZONING CODE VIOLATION
(for use by City staff/route to zoning code enforcement officer)
DATE RECEIVED BY
REQUEST MADE BY PHONE/ IN PERSON/ IN WRITING (identify one)
NAME OF PERSON REQUESTING ACTION
PHONE NUMBER
REQUESTOR CONTACT ? ____yES ____NO
LOCATION IN QUESTION
NATURE OF REQUEST
NOTE: A request that cannot be visually verified through a drive-
R,Y. must be made in writing, specifying the area of concern ( i . e.
indoor activity), and must be signed by the individual requesting
action.
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CODE ENFORCEMENT OFFICER USE
CODE SECTION DATE
ACTION TAKEN:
REINSPECTION DATE
FORM BD 001
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NOTICE OF NONCOMPLIANCE
CITY OF BOZEMAN, 35 NORTH BOZEMAN AVENUE
BUILDING DEPARTMENT
586-3321
YOU ARE HEREBY NOTIFIED OF A VIOLATION OF
THE CITY OF BOZEMAN ZONE CODE
SECTION
DATE
LOCATION OF PROPERTY
DESCRIPTION
THESE DISCREPANCIES SHALL BE CORRECTED BY
, AT WHICH TIME
A RE-INSPECTION WILL BE MADE TO VERIFY COMPLIANCE.
ANY DISCREPANCIES NOT CORRECTED WILL BE CAUSE FOR
FURTHER ACTION.
OWNER/PERSON RESPONSIBLE
SIGNATURE
ZONE CODE ENFORCEMENT OFFICER
FORM BD 002
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WARNING NOTICE
CITY OF BOZEMAN, BUILDING DEPARTMENT, 35
NORTH BOZEMAN , MONTANA
YOU ARE HEREBY NOTIFIED THAT VIOLATION OF THE CITY OF BOZEMAN CODE
EXISTS AS DESCRIBED BELOW. FAILURE TO ELIMIN
ATE THE VIOLATION
SPECIFIED COULD RESULT IN A MISDEMEANOR COMPLAINT OR
OTHER LEGAL
PROCEEDINGS BEING FILED AGAINST YOU REQUIRING CORRECTIVE ACTION.
LOCATION OF OFFENSE
BUSINESS NAME (if applicable)
PROPERTY ADDRESS
OWNER'S NAME
DATE
ADDRESS
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CODE DESCRIPTION
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I_I No special zoning permit, or building permit may be issued to legalize this violation.
I_I This property will be re-inspected on and if the violation has not been
corrected, this will be turned over to the City Attorney for appropriate legal action.
Further enforcement action will be temporarily suspended if one of the following steps is
taken:
I_I Immediately file an application with required drawings, information, and filing
fee for a zoning permit which will be taken under consideration for approval,
conditional approval, or denial. For information about submitting an application,
contact the Planning Department, 35 North Bozeman Avenue, or call 586-3321.
I_I Immediately file an application for a building permit. For information about
submitting an application, contact the Building Division, 35 North Bozeman Avenue,
or call 586-3321.
I_I Other:
STAFF MEMBER
TITLE
METHOD OF DELIVERY OF NOTICE
FORM 8D 003
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