Frequently asked questions:

A. Anonymous complaints are not given as high a priority as those with responsible names. Names of reporting individuals are kept confidential while the case is being investigated. If the case goes to court, the Code Enforcement Officer will get in touch with the individual and ask if they are willing to testify.

A. The Department of Planning and Community Development (DPCD) administers and enforces regulations relating to the subdivision, development, and use of property. These responsibilities are authorized, and in the case of subdivisions mandated, by state law. To be effective, an ordinance or law requires a means of enforcement.

The primary intent and focus of the DPCD is on obtaining compliance with the regulations, not on punishing people. The regulations we enforce are enacted by the City Commission after public hearings and other opportunities for public participation. They are not created by the staff. Many people fail to follow the regulations because they are unaware of the rule and are willing to correct a situation when they learn of the requirement. To that end we always make a simple request to comply and explain what the problem is before taking any other action. Typically, DPCD is made aware of a problem through receipt of a complaint. Responding to complaints is normally prioritized over items observed by the Staff.

A. When the City does need to direct the correction of a violation the difficulty of making the changes needed to comply is taken into account. Sometimes it is a easy thing to correct and compliance is directed to occur quickly. More complex changes are given additional time. If someone lets us know that they are in a circumstance where the compliance schedule is unattainable we work with that person to find an alternative. The focus is on resolving the violation, preferably in a amicable manner. The various enforcement tools are described in Section 18.64.160 of the Bozeman Municipal Code.
 

State enabling legislation for subdivision and zoning includes a directive that a violation of the local regulations adopted under the state authority is a misdemeanor. The state law specifies maximum penalties if a conviction under the misdemeanor occurs. These maximums are six months in jail or a $500 fine, no minimum penalties are specified. A misdemeanor is a criminal violation and therefore requires all the protections and safeguards to the citizen of any other misdemeanor. 

The staff can, if necessary, issue a citation and direct someone to comply with the law. If the person chooses not to comply, then the City Attorney’s office must begin a prosecution, a judge must hold a trial, and the person must be found guilty before any fine or jail time could be imposed under the misdemeanor enforcement process. This is a lengthy and resource consumptive process for all parties and is a last resort and avoided when other alternatives will correct the situation. A misdemeanor charge would only be pursued for those who repeatedly refuse to comply after having been given multiple opportunities to correct the violation. Despite the extreme rarity of its use, the misdemeanor option gets the publicity.
 

In order to avoid having to use the misdemeanor enforcement process, the City has created or utilizes other tools which are less confrontational and difficult. As stated, the first tool is to simply inform and request the person to comply. Many times this resolves the matter and no further action is required. This is always the preferred approach and outcome. If asking does not give proper results then the City may use one of its civil processes such as: a municipal infraction similar to a parking ticket, asking a judge for an injunction to require someone to stop the violation, or recording a notice of non-compliance.

A. Complaints can be filed by written letter or e-mailed to the Code Enforcement Officer. The address of the violation must be on the request. As much detail as possible about the concern should be included; pictures help tell the story. A contact person and phone number should be included to report progress on the case.

A. The Code Enforcement Officer will investigate the complaint, and if it is found to be a violation of the code, will contact the responsible parties with a verbal warning or a written Violation Notice. If the warning or warnings are ignored, then further legal action will be taken, which may include a written Notice to Appear in Municipal Court.
 

A. The City of Bozeman has one Code Enforcement Officer responsible for the above codes and that person’s time has been directed to prioritize responses to complaints. Enforcement is applied as equitably as possible given limited resources.