(a) Notice to owner of property. If the Director of Transportation finds that any tree, bush, vine, undergrowth, or other obstruction, except a building or similar structure affixed to the ground, on private property poses a threat to public safety by obstructing the vision of operators of vehicles traveling on any public street, road, or highway, interfering with the public rights-of-way as a traffic hazard, limiting access by Fire and Rescue Service vehicles, or restricting the use by pedestrians or bicyclists of the public rights-of-way, the Director promptly must serve on the owner, agent, lessee or any other person supervising the property a written notice that:
(1) describes where the obstruction exists;
(2) describes how the obstruction impairs the vision of operators of vehicles, including bicycles, or impedes pedestrian or legal bicycle travel on the right-of- way;
(3) describes the steps necessary to correct such conditions; and
(4) directs the person receiving the notice to take corrective steps within a stated period of time.
(c) Effect of failure to remove obstructions. When any person does not comply with any order issued under this Section within the time specified in the order, the Director of Transportation must remove all or part of the obstruction as necessary to eliminate the hazard or impediment. An agent of the Department may enter the property to take this action.
(d) Service of orders and notices. All orders and notices issued under this Section must be served on the person to whom they are directed either by registered or certified mail or by personal delivery. If that person is not known to reside and cannot be found in the County, service may be made by publishing the order or notice once in a newspaper of general circulation in the County and by posting it on the premises in a conspicuous manner. Service by publication and posting is completed on the day of publication or posting.
(e) Cost of removal when done by the Department. Whenever the Department eliminates an obstruction under this Section, the Director must file with the Department of Finance a certified statement of the cost to the County of eliminating the obstruction, together with proof of service of the notice required by subsection (a). The cost certified to the Department of Finance and any cost of publishing the notice under subsection (a) constitutes a charge and lien against the property that the County must collect in the same manner as the County collects real estate taxes. (Mont. Co. Code 1965, § 24-22; 1927, ch. 618; 1931, ch. 228; 1971 L.M.C., ch. 3, § 12; 1973 L.M.C., ch. 25, § 8; 1976 L.M.C., ch. 8, § 1; 1983 L.M.C., ch. 22, § 54; 1996 L.M.C., ch. 4, § 1; , § 1; , § 1; , § 1.)
Editor’s note—2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Section
49-9, formerly Section 49-16, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-9 was renumbered Section
49-5 pursuant to 2007, ch. 8, § 1.
