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Home My WebLink AboutOrdinance 34- 653, Regulates excavations .. ,. .."._~ .~. Y".r"~,~,!",=:::,",r~<'"~" '''~",'._'_:','''~'W ..- ~r Reft.d and OheoJr.e4 __.____ II. ~/- 3$ 445 ---."11........--............ _~f!_h__._L._L$.~_~..:..._ ORDINANCE NO. 653 ) AN ORDINANCE OF THE CITY OF -BOZEMAN, MONTANA REGULATING AND CONTROL~ING THE ~NG OF EXCAVATIONS WITHIN THE CORPORATE LIMITS Of SAID CITY, PROVIDING FOR PERMITS FOR SUCH EXCAVATIONS, DECLARING UNPERMITTED EXCAVATIONS TO BE A NUl SA N.OE, DECLARING AN EMERGENCY WHEREBY IT IS NECESSARY THAT THIS ORDINANCE BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE AND 4DOPTION, AND PROVIDING PENALTIES FOR VIOLATION I OF THIS ORDINANCE. PRllMBLE : I. WHEREAS: .. Paragraph 33, Section 5039, Political Code, R.C.M. 1921, as amenciedby Chapter 20 of the Session Laws of the Twentieth Legislative Assembly autnorizes any city or town council Ilto define. and abate nuisances and to impose fines upon persons guilty of creating, continuing, or Buffering to oontinue, a nuisance to exist on the premises whioh they oooupy or control"; and II. WHERlAS '; I i Section 5409, Po1itioal COde, R.C.M., 1921, authorizes any c~ty under the Commission-1{anager plan of government, through its duly elected officers to "define, prohibit, abate, suppress, and prevent all things detrimental to the . heal th, morals, comofrt-, safety and convenienoe and welfare of the inhabitants of themunic:i:pality and all nuisances and the causes thereof *******"; and III. I WHEREAS: Complaints have repeatedly been made to the city officials that gravel pi ts in or near residence port-ions of the oi ty have become a menace to the health, safety and comfort of residents in the neighborhood, as well as the city as a-whOle, and a public nuisance within the meaning and intent of \ Sections 8642 and 8643, Revised Codes of Montana, m921; and n. WHEREAS: Thie Commission has good and sufficient reason to believe, and does believe, that suoh excavations not incidental to or a part of building operations and/or which are not in fact, or contemplated or intended to be, an improvement to the lot, lots, parcel and/or parcels of ground, on whioh suoh excavation is contemplated and/or made, are and will beoome a breeding place of disease germs, mosquitoes, etc., on account of the collection of stagnant water and, because of the drift and deposit of refuse and garbage, become the harbor of disease spreading mice, rats and other rodents and oause bad. and offensive I odors and create an unsightly condition, thereby creating a condition which is . detrimental to the health, comfort, safety, convenience, and welfare of the people of the City of Bozeman; ~ V. WHEREA S : There are lots or parcels of land in all parts of the oitythe taxes upon which have been allowed to become delinquent and which have therefore passed into the control of the Gallatin County commissioners for sale; and .-. -'-,-".".....~- 446 VI. WHEREAS: - These lots or parcels of land are put up for sale for a nominal sum and may be purchased by persons for a price which will permit the purchaser to excavate the soil and sell it or use it to improve other property and I having so sold it and destroyed the value of said property for building purposes, or any other purposes, abandon the property and refuse to pay future taxes; and VII.... - WHEREAS: Such excavations of lots or parcels of land damage property in the . 'Vicinity out of all proportion to the benefit derived by the person to using his land; and VIII. WEEREAS : For the foregoing and other reasons this Commission is oonvinced that the unregulated and uncontrolled excavation of unimproved lots, pieces or parcels of land within the corporate limits of the City of Bozeman creates and tends to create a menace to the health and general welfare of the inhabitants of the City of Boze~an and that by reason thereof and because such exoavation is now going on, or is oontemplated immediately, that an I emergenoy exists; THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Seotion 1. - CERTAIN EXCAVATION A NUISANCE That the excavation on any lot, lots, paroe1 or parcels of ground within the City of Bozeman for wftich no permit has been prooured as herein- after provided is hereby defined, and deolared to be, aauisance. Section 2. PERMITS That it shall be uJJll':wtu.l for any person or persons, corporation and/or association to excavate on any lot, lots, or parcels of ground within the \ corporate limite of the City of Bozeman, without having firet applied for, and reoeived, a written permit to do so, issued and signed by the Direotor of Public Safety; Seotion 3. . . PERMISSIBLE EXCAVATIONS I The Director of Public Safety shall have no authority to issue a permit for any exoavation below the grade established for sidewalks abutting any lot, lots, or parcel of land within the area of any platted subdivision of the City of Bozeman, but this provision shall not be construed to prevent the Direotor of Public Safety and/or Building Inspector, of the City, from . ~-"'.,":~"~'''-;''',.''',,:". ." -.. . ,:~,,~ .. . . .. 447 granting permit for such exoavation in, and as a part of, a building andlor improvement permit for a bas.ment, founa.at1on, or other exoavation inoidental to and a part of any building or other bona fide improvement to bema4e ~r ereoted upon any such lot, lots, or parcel, of land within.a platted subdivision. I As to land within the corporate limits of the City of Bozeman not included within a platted subdivision, no excavation shall be made without a permtt as herein provided, but the granting or withholding of such permit shall be within the sound and reasonable diSc!etion of the Director of Public S"ety, subject to review by the City Commission at any regular meetlngthereof. Section 4. PINALT IES ,,-,.. ~~ ....,--~ Any person, persons, corporation and/or association and/or--group-of persons, guilty of a violation o~ this ordinance shall be fined not~Yess than $5.00 nor more than $300.00 and the person and/or persons direotly engaged in making such unpermitted excavation and the person, persons, corporation and/or association under and by whose direction and/or authority such unpermitted exoavation 1s made shall each and severally be deemed guilty of .violating this ~ ordinance and subject to the penalty herein provided. If such fine be not paid the person upon whom it is imposed shall serve it out in the city or county Jail at the rate of one day for each two dollars thereof. I Section 6. EMERGENCY--EFJECTIVE DATE For the reasons stated in the Preamble hereof an emergency is hereby declared to exist which makes it necessary that this ordinance become, and it . is hereby declared that it shall be and is, effective immediately upon its adoption. Seotion 6. . SEPARABILITY PROVISION. If any provision of this Ordinanoe, or the application thereof to any person or circumstance, is held invalid, the remainder of the Ordinance, and the application thereof to other pereons and oircumstances, shall not be atfeoted thereby. Passed and adopted 8i a special meeting of the Commission of the City of Bozeman held on the 26th day of November, 1934. ' I J(?!4~ ,- -'" - . ..'.' . ','-'~'~.,' ~ .. 448 ~ ., I, Carolyn Westlake, Clerk of the Oommission of the City of Bozeman, Montana, hereby oertify that the foregoing Ordinanoe No. 653 of the City of Bozeman, was publish_ly title in the Bozeman Daily Chronicle, a daily newspaper of general ciroulation, printed and published in said City of Bozeman, in the issue of November 28, 1934, and that due proof of said I. publioation was made and filed in my office. IN WITNESS WHEREOF 1. hereunt~ set my hand and affix the seal of my office this 28th day of Bovember, 1934. - ~I( ..----/ ~ > .~ - -- - ,;. ..., ".. .~- I ; ........:~ ~ ' , I -~ ''"'- ^ ~ ............,. -,..~ - . ..~,.- .>~..-" - ..~r;~; . ~