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24.301.210    DECERTIFICATION OF CODE ENFORCEMENT PROGRAMS

(1) If the Department of Labor and Industry determines a city, county, or town code enforcement program is not in compliance with the applicable statutes or rules it shall give the city, county, or town notice of such noncompliance and may allow a reasonable amount of time, not to exceed six months, for the city, county, or town to come into compliance or have the noncompliant code enforcement program decertified.

(a) Failure of a city, county, or town to come into compliance within the time prescribed by the department will result in the decertification of the city, county, or town program to the extent it is out of compliance.

(b) The city, county, or town shall be given the opportunity to contest the department determination through contested case proceedings as provided by the Montana Administrative Procedure Act.

(2) A city, county, or town may voluntarily decertify all or part of its code enforcement program upon a 90-day written notice to the department, unless the department otherwise accepts a lesser notice or the public health, safety and welfare is at risk.

(3) If a city, county, or town's code enforcement program is decertified, either involuntarily or voluntarily, in whole or in part, the city, county, or town shall be obligated to complete inspecting all construction projects started with permits issued under the city, county, or town's program, unless the department otherwise consents or determines that the public health, safety or welfare is at risk.

History: 50-60-203, 50-60-302, MCA; IMP, 50-60-302, MCA; NEW, 1998 MAR p. 2563, Eff. 9/25/98; TRANS, from Commerce, & AMD, 2001 MAR p. 2293, Eff. 11/22/01; AMD, 2003 MAR p. 2299, Eff. 10/17/03.

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