Butte-Silver Bow County |
Code of Ordinances |
Title 8. HEALTH AND SAFETY |
Chapter 8.28. EXCAVATIONS AND DIRT MOVING |
§ 8.28.100. Penalties.
The penalties for violations of this chapter are as follows:
A.
Civil and Criminal Penalties. In addition to or as an alternative to any penalty provided herein or by law, any applicant who violates the provisions of this chapter constitutes a misdemeanor punishable by a fine not to exceed five hundred dollars or imprisonment in the county jail for a term not to exceed six months or by both a fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
B.
Restoration of Lands. An applicant may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the department may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
C.
Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the authorized enforcement agency may impose alternative compensatory actions upon an applicant.
D.
Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the applicant's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
E.
Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
( Ord. No. 13-6, 9-7-2013 )