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Environmental Health - Community Decay


RESOLUTION NO. 90-037
ORDINANCE TO CONTROL COMMUNITY DECAY

WHEREAS, the Board of Commissioners of Missoula County is authorized, pursuant to Sections 7-5-2110 and 7-5-2111, M.C.A., to adopt and enforce an ordinance to control community decay;, and

WHEREAS, the Board of Commissioners of Missoula County, Montana, has determined after hearings and public input that there is a need for an ordinance to control community decay in Missoula County and wishes to enact such an ordinance.

NOW, THEREFORE, BE IT RESOLVED that effective thirty days after final adoption hereof, the following Ordinance shall be in full force and effect in Missoula County:

Section 1. Definitions. In this Ordinance the following terms have the meanings indicated below:

Section 2. Purpose. The purpose of this Ordinance is to regulate, control, and prohibit conditions that contribute to community decay on or adjacent to all public roadways within Missoula County.

Section 3. Prohibitions. It shall be a violation of this Ordinance to own or maintain any public nuisance or community decay.

Section 4. Shielding. The maintenance of materials that would be considered a public nuisance under this Ordinance shall be lawful if such materials are shielded from public view in accordance with the following standards.

Section 5. Penalty. A person convicted of violating this Ordinance is guilty of a misdemeanor punishable by a fine not to exceed $500.

Section 6. Abatement and Mitigation. The abatement or mitigation of conditions which constitute a public nuisance prohibited by this Ordinance shall be accomplished under the provisions of this section. Where an established industrial or commercial use results in the storage of material otherwise prohibited in this Ordinance within public view due to an elevated public right-of-way or other circumstance beyond the control of the property owner, the condition may be mitigated in accordance with the provisions of this section.

Section 7. Jurisdiction. This Ordinance applies to all of Missoula County.

Section 8. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption by the Board of Commissioners of Missoula County, Montana

Section 9. Compatibility. Nothing in this Ordinance or Section 7-5-2110 MCA may be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution that is more restrictive than the provisions of this section or Section 7-5-2110 MCA.

Section 10. Severability. If any provision of this Ordinance is held to be invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision. To this end, the provisions of this Ordinance are to be severable.

 **APPROVED APRIL 25, 1990. RESOLUTION NO. 90-37 FILED BOOK 311 PAGE 0262

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