Montana Code Annotated 2001

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     50-60-310. Designation of county jurisdictional area for county building code. (1) To designate a county jurisdictional area for a county building code, the board of county commissioners:
     (a) shall pass a resolution of intent to adopt the county jurisdictional area;
     (b) shall give notice to the public as provided in 7-1-2121. The notice must state:
     (i) the time and place of the public hearing;
     (ii) the boundaries of the proposed county jurisdictional area;
     (iii) the procedures and deadlines for filing a written protest; and
     (iv) that a map and description of the boundaries of the proposed county jurisdictional area and the names and addresses of the owners of real property in the proposed county jurisdictional area are on file for public inspection at the office of the county clerk and recorder.
     (c) shall hold a public hearing no earlier than 30 days or later than 90 days after passage of the resolution of intent;
     (d) at the public hearing:
     (i) shall accept written protests from owners of real property in the proposed county jurisdictional area; and
     (ii) must receive general protests and comments relating to the designation of the boundaries of the proposed county jurisdictional area; and
     (e) subject to subsection (2), shall adopt the county jurisdictional area, effective 60 days after passage of the resolution.
     (2) If a written protest is submitted by owners of real property in the proposed county jurisdictional area representing more than 10% of the owners of real property in the proposed area, the board of county commissioners may not adopt the county jurisdictional area for a county building code without submitting to an election, as provided in 50-60-312, the question of adoption of the code enforcement program as approved by the department of labor and industry.

     History: En. Sec. 4, Ch. 546, L. 2001; amd. Sec. 221(1), Ch. 483, L. 2001.

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