Sec. 1-36. - Procedure.
The following procedure shall be adhered to:
(1) Complaints.
a. All complaints concerning property maintenance violations, violations of the land development code, and other ordinance violations will be directed to the code enforcement division manager.
b. The city action line staff will be responsible for recording and documenting all complaints.
(2) Inspections.
a. The officer will be responsible for making an initial inspection after notification by the action center, and for making a determination regarding the validity of the complaint.
b. If the suspected violation involves an area outside the code enforcement division's area of expertise, the officer shall refer the matter to the action line staff for proper recording and forwarding to the appropriate city department.
c. If an officer determines that the complaint is not a violation, then the complaining party will be notified in writing by the action center staff.
d. If there appears to be a violation, the officer will document the violation and deliver an official notice of violation to the violator by one of the following means:
1. Personally deliver.
2. Posting.
3. Certified mail.
If the officer is posting by leaving a copy on the violator's door, he/she must also send a copy certified mail to the address listed by the tax assessor.
e. A copy of the notice of violation will be sent to the code enforcement clerk for follow-up and action. The code enforcement clerk will be responsible for maintaining accurate and complete records of each violation received from the officer.
f. The code enforcement officer shall be responsible for establishing a case file that is designated by a case number, shall make a determination relative to who should be charged with the violation, and provide time and date stamped photographs of the violation.
g. On the date designated in the notice of violation for reinspection, the officer will be responsible for inspecting the violation to determine if it has been corrected. If the violation has been abated, it will be noted resolved on the reverse side of the notice of violation and returned to the code enforcement clerk for file closing.
h. If the violation is not abated, then, based upon the offense, the violation may be pursued by the officer through the municipal court or through the lien process provided for in MCA 1972, § 21-19-11, as follows:
1. Municipal court process. The municipal court is to abate violations as referred to in this article.
2. Lien process. The lien process involves the tearing down of dilapidated buildings or structures and/or cleaning of property as provided for in MCA 1972, § 21-19-11.
i. If the matter should be pursued in municipal court, then the process outlined in subsection (3) of this section should be followed; however, if it is appropriate to use the lien process, then the public hearing process by the city council should be followed, as provided for in MCA 1972, § 21-19-11.
(3) Procedure for filing complaints in municipal court. The procedure for filing complaints in municipal court are as follows:
a. Once a violation has been confirmed and a determination has been made to proceed in municipal court, then the officer shall complete the municipal offense ticket complaint and citation form.
b. The complaint shall cite the sections of the law being violated and generally describe the violation through the use of a check list attached (see exhibit A of the ordinance from which this article is derived, which is included herein as section 1-38).
c. The officer shall complete the municipal offense ticket complaint and citation form, and using the court date pre-determined by the municipal court judge when delivering the complaint and citation form to the defendant.
d. The officer shall deliver the complaint and citation form to the violator by one of the following means:
1. Personally deliver.
2. Posting.
3. Certified mail.
If posting the complaint and citation form by leaving a copy on the violator's door, the officer must also send a copy certified mail. Time and date stamped photographs showing the violation still exists are to be placed in the file. The time and date that the complaint and citation is delivered must be documented in the case file and a copy of the delivered document must be retained in the case file.
e. Municipal court; code enforcement division.
1. The municipal judge will be responsible for establishing a specific day each month on which dilapidated structures, unclean properties and/or code violation cases will be heard.
2. On the hearing date, the officer will appear in court with the following items:
(i) Case files.
(ii) Initial and current photographs.
(iii) Appropriate documentation.
f. Methods of enforcement in municipal court of code violations. The court may deal with each defendant in accordance with one of the following procedures:
1. Delay disposition. When the defendant appears in court, the judge may delay disposition of the case in order to give the defendant time to clear the problem by a certain date and that a defendant appears in court on that date. Property is to be inspected immediately before that date to see if the problem has been resolved; if so, the charge will be dismissed without costs or penalty. If not resolved, the judge will take a plea and set a trial, if necessary. If there is a conviction, handle as follows in subsection (3)f.2 of this section.
2. Take a plea. Compel the defendant to appear in court by warrant or citation. When defendant appears, the judge will take a plea.
(i) If defendant pleads guilty or is found guilty after a not guilty plea, the judge will impose a sentence of a fine and costs and order the defendant jailed. Either or both the fine and jail may be suspended and handled as above or the defendant may be immediately placed in jail and ordered to pay the fine and costs.
(ii) Any conviction in the municipal court may be appealed to the county court for a new trial. City staff will present cases before a county judge with a court reporter present.
(iii) The municipal court clerk shall provide a copy of the court's determination to the officer following each court date.
(iv) The officer is responsible for ensuring that future court dates are noted and that required photographs will be available to the court on the date of a defendant's required re-appearance.
(Ord. No. 2717, § 5, 2-8-2000)
