reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4721. Assessments converted to bond liability

7-14-4721. Assessments converted to bond liability.
(1) The treasurer, at the time the treasurer certifies the list of unpaid assessments to the clerk and recorder, shall write the word "certified" on the record of the assessment opposite each assessment included in the list, and all assessments of $25 or more cease to be payable in cash and are payable only in equal annual installments on December 1 in each year in which the bonds become due. The governing body may provide a plan for collection of the annual installment in partial payments prior to the time the installment is due, and the lien of each assessment on the property assessed remains in full force and effect for 2 years after the last installment on the assessment becomes due or until the assessment is fully paid.
(2) The number of installments in which the assessment is payable must correspond to the number of years in which there are bonds to be paid, but the total number of installments may not exceed 25.
History: En. 11-2214.3 by Sec. 4, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.3(a), (c); amd. Sec. 611, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4722. Treatment of installments due on bonds

7-14-4722. Treatment of installments due on bonds.
(1) An uncollected installment shall be added to the succeeding installment and, together with interest and penalties, shall be payable therewith.
(2) All assessments of $25 or more not paid before the certification of assessments unpaid to the clerk shall bear interest from the date of the warrant at the same rate as that specified for the bonds in the resolution of intention. The interest shall be payable on June 1 and December 1 of each year immediately before the interest becomes due on the bonds, but the governing body may provide a plan whereby the interest may be collected in partial payments prior to the date it becomes due.
History: En. 11-2214.3 by Sec. 4, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.3(b), (d).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4723. Advance payment of installments

7-14-4723. Advance payment of installments.
The governing body may provide for receiving payment of the installments of the assessment before they become due and using the proceeds thereof in redeeming such bonds as may be presented for redemption by the owners thereof or for investing the proceeds in improvement bonds for other work or other satisfactory investment, but no investment of such funds shall be made so as to prejudice the prompt payment of the bonds on the date they become due.
History: En. 11-2214.3 by Sec. 4, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.3(e).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4731. Authorization for improvement districts to lease and operate offstreet parking facilities

7-14-4731. Authorization for improvement districts to lease and operate offstreet parking facilities.
(1) In addition to the purposes for which an improvement district may be formed under the provisions of 7-12-4301, 7-14-4701, and 7-14-4711, an improvement district may be formed for the sole purpose of leasing real property to be used as offstreet parking sites; for the improvement of such offstreet parking sites by grading, paving, ordering the installation of lighting poles, wires, conduits, lamps, standards, and other appliances for the purpose of lighting and beautifying the offstreet parking areas and entrances thereto; and for the operation and maintenance thereof.
(2) Subject to the powers granted and the limitations contained in this section, 7-12-4131, 7-12-4301(2), 7-12-4327, 7-14-4701 through 7-14-4704, 7-14-4711 through 7-14-4714, and 7-14-4733 through 7-14-4737, the powers and duties of the governing body of the municipality and the procedure to be followed shall be as provided in parts 41 and 42 of chapter 12 for other types of special improvement districts.
(3) No improvement district formed under provisions of this section shall be authorized to engage in any activity other than the leasing of offstreet parking sites and the improvement, operation, and maintenance of same.
(4) The formation of an improvement district for offstreet parking purposes under the provisions of this section shall not prevent the subsequent establishment of improvement districts for any other purpose authorized by law.
History: En. 11-2214.4 by Sec. 5, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.4(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4732. Procedure upon receipt of petition for creation of offstreet parking district

7-14-4732. Procedure upon receipt of petition for creation of offstreet parking district.
(1) If a petition for the formation of an improvement district for the leasing, improvement, or operation and maintenance of an offstreet parking site is presented to the governing body purporting to be signed by all of the real property owners in the proposed district, exclusive of mortgagees and other lienholders, the governing body, after verifying the ownership and making a finding of fact, shall adopt a resolution of intention to order the improvement, pursuant to the provisions of 7-12-4104 and 7-12-4117, and may adopt the resolution ordering the improvement pursuant to 7-12-4114 without the publication of the resolution of intention provided for in 7-12-4106. However, if special improvement district bonds are proposed to be issued and secured by the revolving fund, the requirements of 7-12-4106, 7-12-4108 through 7-12-4110, 7-12-4112 through 7-12-4114, 7-12-4169, 7-12-4189, 7-12-4222, 7-12-4223, and 7-12-4225 must be met by the governing body.
(2) If a petition for the formation of an improvement district for offstreet parking purposes and for the leasing of sites and improvement, operation, and maintenance of sites is signed by the owners of a majority of the frontage of the property proposed to be contained within the limits of the assessment district and is presented to the governing body, the governing body shall adopt a resolution of intention ordering the proposed improvement and publish the resolution pursuant to the provisions of 7-12-4104 and 7-12-4106.
History: En. 11-2214.5 by Sec. 6, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.5; amd. Sec. 14, Ch. 229, L. 1995; amd. Sec. 53, Ch. 354, L. 2001; amd. Sec. 19, Ch. 277, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4733. Authority to enter lease agreements

7-14-4733. Authority to enter lease agreements.
(1) After the formation of a special improvement district pursuant to the provisions of 7-12-4104 and 7-12-4106 as modified in 7-14-4732 and after having acquired jurisdiction to order the improvement pursuant to 7-12-4114, the governing body may:
(a) in addition to ordering the improvements set forth in 7-14-4731(1), enter into lease agreements for property within the limits of the assessment district for use as offstreet parking sites, which lease agreements shall be upon such terms and conditions as the governing body may determine and which lease agreements may provide that same may be terminated by either party upon 6 months' prior written notice; and
(b) contract for the operation and maintenance thereof.
(2) The governing body may enter into such lease agreements and contract for the operation and maintenance of such offstreet parking sites without the publication of notice and invitation for bids.
History: En. 11-2214.4 by Sec. 5, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.4(c).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4734. Expense estimate -- assessments and tax levy

7-14-4734. Expense estimate -- assessments and tax levy.
(1) The governing body shall:
(a) make annual statements and estimates of the expenses of the district that are provided for by the levy and collection of ad valorem taxes upon the assessed value of all the real and personal property in the district;
(b) publish notice of the estimates; and
(c) have hearings and adopt an ordinance on the estimates at the times and in the manner provided for incorporated cities and towns by the applicable portions of 7-12-4175.
(2) Subject to 15-10-420, the governing body, on or before the second Monday in August of each year, shall fix, levy, and assess the amount to be raised by ad valorem taxes upon all of the property of the district. All statutes providing for the levy and collection of state and county taxes, including the collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the district taxes provided for under this section.
History: En. 11-2214.4 by Sec. 5, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.4(part); amd. Sec. 14, Ch. 253, L. 1979; amd. Sec. 45, Ch. 584, L. 1999; amd. Sec. 55, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4735. Prohibition on issuance of improvement bonds

7-14-4735. Prohibition on issuance of improvement bonds.
An improvement district formed under provisions of 7-14-4731 shall not be authorized to issue improvement bonds.
History: En. 11-2214.4 by Sec. 5, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.4(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4736. Participation by municipality

7-14-4736. Participation by municipality.
If the municipality is willing to participate in the cost of leasing, improving, operating, or maintaining the offstreet parking sites in an improvement district established pursuant to 7-14-4731, the governing body may by resolution order the participation, and the amount of participation is not subject to the limitations of 7-12-4102 and 7-12-4132.
History: En. 11-2214.4 by Sec. 5, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.4(part); amd. Sec. 37, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 47. Pedestrian Malls and Offstreet Parking Facilities › 7-14-4737. Deletion of territory from offstreet parking district

7-14-4737. Deletion of territory from offstreet parking district.
If in the opinion of the governing body any portion of the territory of a district formed under 7-14-4731 is no longer benefited by the offstreet parking sites provided, the governing body may by resolution summarily delete from the district formed under 7-14-4731 any such area and may form a new district from the balance of the original district formed under 7-14-4731.
History: En. 11-2214.4 by Sec. 5, Ch. 136, L. 1967; R.C.M. 1947, 11-2214.4(h).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 48. Air Transportation › 7-14-4801. Acquisition of lots or lands for aircraft

7-14-4801. Acquisition of lots or lands for aircraft.
A city or town council may acquire by lease, gift, purchase, or condemnation pursuant to Title 70, chapter 30, lots or lands for landing or parking of aircraft, within or outside of the corporate limits of the municipality. The city or town council may exercise municipal jurisdiction over the lots or lands acquired pursuant to this section, even though the lots or lands or any portion of the lots or lands is outside of the corporate limits of the municipality.
History: En. Subd. 84, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.83, R.C.M. 1935; amd. Sec. 1, Ch. 147, L. 1947; amd. Sec. 1, Ch. 27, L. 1965; R.C.M. 1947, 11-986(part); amd. Sec. 19, Ch. 125, L. 2001; amd. Sec. 1, Ch. 300, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 14. Transportation › Part 49. Easements and Rights-of-Way › 7-14-4901. Purchase of historic easement across county land for benefit of private land

7-14-4901. Purchase of historic easement across county land for benefit of private land.
If a historic easement or right-of-way for access to private land exists across county land, the person owning the private land may purchase the nonexclusive easement as a permanent, nonexclusive easement. The board of county commissioners shall sell a permanent, nonexclusive easement upon receipt of the fair market value of the easement and proof of the existence of the easement or right-of-way and the purpose and proposed purchaser's use of the nonexclusive easement.
History: En. Sec. 2, Ch. 107, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2101. Findings and policy

7-15-2101. Findings and policy.
It is hereby declared that:
(1) unsanitary or unsafe dwelling accommodations exist in rural areas throughout the state, and such unsafe or unsanitary conditions arise from overcrowding and concentration of population, the obsolete and poor conditions of buildings, improper planning, excessive land coverage, lack of proper light, air, and space, unsanitary design and arrangement, lack of proper sanitary facilities, and the existence of conditions which endanger life or property by fire and other causes;
(2) in such rural areas, many persons of low income are forced to reside in unsanitary or unsafe dwelling accommodations;
(3) in such rural areas, there is a lack of safe or sanitary dwelling accommodations available to all the inhabitants thereof, and consequently, many persons of low income are forced to occupy overcrowded and congested dwelling accommodations;
(4) these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the citizens of the state and impair economic values;
(5) these conditions cannot be remedied by the ordinary operations of private enterprise;
(6) the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired;
(7) it is in the public interest that work on such projects be instituted as soon as possible; and
(8) the necessity for the provisions hereinafter enacted is hereby declared, as a matter of legislative determination, to be in the public interest.
History: En. Sec. 2, Ch. 140, L. 1935; re-en. Sec. 5309.2, R.C.M. 1935; amd. Sec. 1, Ch. 153, L. 1941; R.C.M. 1947, 35-102(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2102. Petition to create county housing authority -- hearing and notice

7-15-2102. Petition to create county housing authority -- hearing and notice.
(1) Any 25 residents of a county may file a petition with the county clerk setting forth that there is a need for a housing authority to function in the county.
(2) Upon the filing of such a petition, the county clerk shall give notice of the time, place, and purpose of a public hearing at which the board of county commissioners will determine the need for an authority in the county.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2103. Notice of hearing on petition

7-15-2103. Notice of hearing on petition.
The notice required by 7-15-2102 shall be given at the county's expense by publishing a notice as provided in 7-1-2121.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part); amd. Sec. 27, Ch. 349, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2104. Hearing on petition

7-15-2104. Hearing on petition.
Upon the date fixed for said hearing held upon notice as provided in 7-15-2102 and 7-15-2103, an opportunity to be heard shall be granted to all residents and taxpayers of the county and to all other interested persons.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2105. Decision of board of county commissioners

7-15-2105. Decision of board of county commissioners.
(1) After such a hearing, the board of county commissioners shall determine:
(a) whether unsanitary or unsafe inhabited dwelling accommodations exist in the county; and/or
(b) whether there is a lack of safe or sanitary dwelling accommodations in the county available for all the inhabitants thereof.
(2) If it shall determine that either or both of the above-enumerated conditions exist, the board shall adopt a resolution so finding (which need not go into any detail other than the mere finding) and shall thereupon appoint, as hereinafter provided, five commissioners to act as an authority.
(3) If the board, after a hearing as aforesaid, shall determine that neither of the above-enumerated conditions exist, it shall adopt a resolution denying the petition. After 3 months shall have expired from the date of the denial of any such petition, subsequent petitions may be filed as aforesaid and new hearings and determinations made thereon.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2106. Criteria for determining if unsafe or unsanitary dwelling accommodations exist

7-15-2106. Criteria for determining if unsafe or unsanitary dwelling accommodations exist.
In determining whether dwelling accommodations are unsafe or unsanitary, the board of county commissioners shall take into consideration the following:
(1) the physical condition and age of the buildings;
(2) the degree of overcrowding;
(3) the percentage of land coverage;
(4) the light and air available to the inhabitants of such dwelling accommodations;
(5) the size and arrangement of the rooms;
(6) the sanitary facilities; and
(7) the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2107. Application for incorporation

7-15-2107. Application for incorporation.
(1) The commissioners of the authority shall present to the secretary of state an application signed by them that must set forth without any detail other than the mere recital:
(a) that a notice has been given and public hearing has been held and that the board of county commissioners made the determination provided for in 7-15-2105 after the hearing and appointed them as commissioners;
(b) the name and official residence of each commissioner, together with a certified copy of the appointment evidencing the commissioner's right to office, the date and place of induction into and taking the oath of office, and that the commissioners desire the housing authority to become a public body and a body corporate and politic under this part;
(c) the term of office of each of the commissioners;
(d) the name that is proposed for the corporation; and
(e) the location of the principal office of the proposed corporation.
(2) The application must be subscribed and sworn to by each commissioner before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that the officer personally knows the commissioner and knows the commissioner to be an officer as asserted in the application and that the commissioner subscribed and swore to the application in the officer's presence.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part); amd. Sec. 612, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2108. Processing of application by secretary of state

7-15-2108. Processing of application by secretary of state.
(1) The secretary of state shall examine the application, and if the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state's office.
(2) When the application has been made, filed, and recorded, the secretary of state shall make and issue to the commissioners a certificate of incorporation pursuant to this part, under the seal of the state, and shall record the certificate with the application.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part); amd. Sec. 613, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2109. Effect of filing and recording application

7-15-2109. Effect of filing and recording application.
When the application has been made, filed, and recorded as provided in 7-15-2107 and 7-15-2108, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2110. Presumption of regularity in creation of county housing authority

7-15-2110. Presumption of regularity in creation of county housing authority.
(1) In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this part upon proof of the issuance of the aforesaid certificate by the secretary of state.
(2) A copy of such certificate, duly certified by the secretary of state, shall be admissible in evidence in any such suit, action, or proceeding and shall be conclusive proof of the filing and contents thereof.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(7).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2111. Area of operation of county housing authority -- inclusion of municipalities

7-15-2111. Area of operation of county housing authority -- inclusion of municipalities.
(1) The area of operation of a county housing authority includes the county but does not include any city unless a resolution has been adopted by the governing body of the city and by any authority established and authorized to exercise its powers in the city declaring that there is need for the county authority to exercise its powers within that city. The resolution is not effective until it has been approved by a majority vote of the electors within the corporate limits of the city or town voting either at a special election held in conjunction with a regular or primary election or at a general election.
(2) If, after the adoption of a resolution or resolutions, an authority is established for any city within the county, the county authority may not initiate any further housing projects within the city without the consent by resolution of the governing body of the city and of the authority established for the city.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27A, R.C.M. 1935; amd. Sec. 1, Ch. 281, L. 1971; R.C.M. 1947, 35-128(part); amd. Sec. 54, Ch. 387, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2112. Administration and operation of county housing authority -- application of municipal laws

7-15-2112. Administration and operation of county housing authority -- application of municipal laws.
(1) The commissioners of a housing authority created for a county may be appointed and removed by the board of county commissioners of the county in the same manner as the commissioners of a housing authority created for a city may be appointed and removed by the mayor.
(2) Except as otherwise provided in this part, each housing authority created for a county and the commissioners thereof shall have the same functions, rights, powers, duties, and limitations provided for housing authorities created for cities and the commissioners of such housing authorities, and for such purposes, unless a different meaning clearly appears from the context:
(a) the term "mayor" or "council" as used in the housing authorities law and any amendments thereto shall be construed as meaning "board of county commissioners";
(b) the term "city clerk" as used therein shall be construed as meaning "county clerk";
(c) the term "city" as used therein shall be construed as meaning "county"; and
(d) the term "ordinance" shall be construed as meaning "resolution".
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27B, R.C.M. 1935; amd. Sec. 2, Ch. 281, L. 1971; amd. Sec. 2, Ch. 259, L. 1974; R.C.M. 1947, 35-129.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2113. County housing authority to be nonprofit

7-15-2113. County housing authority to be nonprofit.
It is hereby declared to be the policy of this state that:
(1) each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations; and
(2) no housing authority shall construct or operate any such project for profit or as a source of revenue to the county.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27F, R.C.M. 1935; R.C.M. 1947, 35-133(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2114. Certain laws controlling

7-15-2114. Certain laws controlling.
Insofar as the provisions of this part are inconsistent with the provisions of any other law, the provisions of this part are controlling.
History: En. Sec. 7, Ch. 153, L. 1941; R.C.M. 1947, 35-134; amd. Sec. 15, Ch. 253, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2115. Authorization for payment of rentals in lieu of taxes

7-15-2115. Authorization for payment of rentals in lieu of taxes.
(1) Any housing authority established pursuant to this part and/or the federal government may pay annual sums from rentals in lieu of taxes to any state and/or political subdivision thereof with respect to any real property, including improvements thereon, owned or held by either such housing authority or the federal government.
(2) The amount so paid for any year upon such property shall not exceed the taxes which would be paid to the state and/or subdivision thereof, as the case may be, upon such property if it were not exempt from taxation, with such allowances as may be considered to be appropriate for expenditures by the government for streets, utilities, or other public services to serve such property.
History: En. Sec. 4, Ch. 215, L. 1943; R.C.M. 1947, 35-304.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2120. Authorization for counties to furnish assistance in the rehabilitation of private dwellings

7-15-2120. Authorization for counties to furnish assistance in the rehabilitation of private dwellings.
If it has determined that unsanitary or unsafe privately owned dwellings exist in the unincorporated area of the county and it has further determined that the owners of such dwellings are unable under the prevailing market conditions to finance replacement or rehabilitation of their dwellings without assistance, the board of county commissioners may:
(1) using the funds provided in subsection (2), finance the replacement or rehabilitation of such unsanitary or unsafe privately owned dwellings through the use of grants of funds or property, direct loans, loan guarantees, and any other means;
(2) accept gifts of property or apply for and accept grants, contributions, and any other form of financial assistance from the federal government or the state or other public body or from any other public or private source for the purposes of this section and 7-15-2101; and
(3) enter into and carry out contracts in connection with activities under subsection (1) or (2).
History: En. Sec. 3, Ch. 363, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2121. Authorization for rural housing projects

7-15-2121. Authorization for rural housing projects.
Housing authorities created for counties are specifically empowered and authorized to borrow money, accept grants, and exercise their other powers to provide housing for rural residents of low income.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27C, R.C.M. 1935; R.C.M. 1947, 35-130(part); amd. Sec. 1, Ch. 363, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2122. Operation of rural housing projects

7-15-2122. Operation of rural housing projects.
(1) In connection with the projects authorized by 7-15-2121, such housing authorities may enter into such leases or purchase agreements, accept such conveyances, and rent or sell dwellings forming part of such projects to or for rural residents of low income as such housing authority deems necessary in order to assure the achievement of the objectives of this part.
(2) Such leases, agreements, or conveyances may include such covenants as the housing authority deems appropriate regarding such dwellings and the tracts of lands described in any such instrument. The covenants shall be deemed to run with the land where the housing authority deems it necessary and the parties to such instrument so stipulate.
(3) Nothing contained in this section and 7-15-2121 shall be construed as limiting any other powers of any housing authority, except that no more than 2 acres of land per dwelling, together with the dwelling houses thereon provided for under the provisions of this part, shall be exempt from taxation and that upon title to said 2 acres of land and the dwelling houses thereon passing to private ownership, the said land and the dwelling houses thereon shall be restored to the tax rolls and be subject to taxation.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27C, R.C.M. 1935; R.C.M. 1947, 35-130(part); amd. Sec. 2, Ch. 363, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2123. Housing applications by farmers

7-15-2123. Housing applications by farmers.
(1) The owner of any farm operated or worked upon by farmers of low income in need of safe and sanitary housing may file an application with a housing authority of a county requesting that it provide for a safe and sanitary dwelling or dwellings for occupancy by such farmers of low income.
(2) Such applications shall be received and examined by housing authorities in connection with the formulation of projects or programs to provide housing for farmers of low income.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27D, R.C.M. 1935; R.C.M. 1947, 35-131.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 21. County Housing Authorities › 7-15-2124. Definition of term farmers of low income

7-15-2124. Definition of term farmers of low income.
"Farmers of low income" shall mean persons or families who, at the time of their admission to occupancy in a dwelling of the authority:
(1) live under unsafe or unsanitary housing conditions;
(2) derive their principal income from operating or working upon a farm; and
(3) had an aggregate average annual net income for the 3 years preceding their admission that was less than the amount determined by the authority to be necessary, within its area of operation, to enable them, without financial assistance, to obtain decent, safe, and sanitary housing without overcrowding.
History: En. Sec. 5, Ch. 153, L. 1941; re-en. Sec. 5309.27E, R.C.M. 1935; R.C.M. 1947, 35-132.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4101. Numbering of houses and lots

7-15-4101. Numbering of houses and lots.
The city or town council has power to regulate the numbering of houses and lots and to change the same.
History: En. Subd. 14, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Secs. 5039.13, R.C.M. 1935; R.C.M. 1947, 11-916.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4102. Findings and policy with regard to unsanitary and unsafe private dwellings

7-15-4102. Findings and policy with regard to unsanitary and unsafe private dwellings.
(1) It is hereby declared that:
(a) unsanitary or unsafe privately owned dwelling accommodations exist in urban areas throughout the state, and these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, morals, and welfare of the citizens of the state and impair economic values;
(b) in many instances, the owners of such accommodations, due to poverty, unavailability of credit, and increased costs, are unable to finance the rehabilitation of their dwellings; and
(c) the municipal corporations of the state are uniquely able to render financial assistance to these owners of unsafe and unsanitary dwellings, and such assistance is a public use and purpose for which public money may be spent.
(2) The necessity for the provisions of 7-15-4103 is hereby declared, as a matter of legislative determination, to be in the public interest.
History: En. 11-1025 by Sec. 1, Ch. 131, L. 1975; R.C.M. 1947, 11-1025(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4103. Authorization for municipalities to furnish assistance in the rehabilitation of private dwellings

7-15-4103. Authorization for municipalities to furnish assistance in the rehabilitation of private dwellings.
When it has determined that unsanitary or unsafe privately owned dwelling accommodations exist within the limits of the city or town and when it has further determined that the owners of such accommodations are unable under the prevailing market conditions to finance rehabilitation of their dwellings without assistance, the governing body of any municipal corporation:
(1) may finance the rehabilitation of such unsanitary or unsafe privately owned dwelling accommodations through the use of grants of funds or property, direct loans, loan guarantees, and other means;
(2) may apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government or the state, county, or other public body or from any other public or private source for the purpose of this section and 7-15-4102; and
(3) may enter into and carry out contracts in connection therewith.
History: En. 11-1025 by Sec. 1, Ch. 131, L. 1975; R.C.M. 1947, 11-1025(2).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4121. Adoption of building, electrical, and plumbing codes

7-15-4121. Adoption of building, electrical, and plumbing codes.
The governing body of an incorporated city or town may adopt technical building, electrical, and plumbing codes, in whole or in part, by reference under the procedure provided in 7-5-4202.
History: En. Sec. 4805, Pol. C. 1895; re-en. Sec. 3265, Rev. C. 1907; re-en. Sec. 5056, R.C.M. 1921; re-en. Sec. 5056, R.C.M. 1935; amd. Sec. 1, Ch. 38, L. 1967; amd. Sec. 1, Ch. 231, L. 1969; amd. Sec. 1, Ch. 111, L. 1975; R.C.M. 1947, 11-1102(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4122. Repealed

7-15-4122. Repealed.
Sec. 156, Ch. 370, L. 1987.
History: En. Subd. 51, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.50, R.C.M. 1935; R.C.M. 1947, 11-953.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4123. Inspection of building materials

7-15-4123. Inspection of building materials.
The city or town council has power to provide for the inspection and measuring of lumber and other building materials.
History: En. Subd. 57, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.56, R.C.M. 1935; R.C.M. 1947, 11-959.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4124. Entrances and safety exits for buildings

7-15-4124. Entrances and safety exits for buildings.
The city or town council has power to:
(1) compel the owner of a building to erect fire escapes and proper exits and entrances when necessary for safety;
(2) regulate the construction of entrances of basements, cellars, and other floors to buildings from the sidewalks.
History: (1)En. Subd. 67, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.66, R.C.M. 1935; Sec. 11-969, R.C.M. 1947; (2)En. Subd. 70, Sec. 5039, R.C.M. 1921, amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.69, R.C.M. 1947; Sec. R.C.M. 1947, 11-969, 11-972(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4125. Repair of damaged structures

7-15-4125. Repair of damaged structures.
The city or town council has power to require the owner of a sidewalk, house, or other structure which is dangerous to passers-by to repair or remove the same after notice.
History: En. Subd. 72, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.71, R.C.M. 1935; R.C.M. 1947, 11-974.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 41. General Provisions Related to Municipal Housing and Construction › 7-15-4126. Regulation of partition fences and party walls

7-15-4126. Regulation of partition fences and party walls.
The city or town council has power to regulate partition fences and party walls not already constructed.
History: En. Subd. 50, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.49, R.C.M. 1935; R.C.M. 1947, 11-952.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4201. Short title

7-15-4201. Short title.
This part and part 43 shall be known and may be cited as the "Urban Renewal Law".
History: En. Sec. 20, Ch. 195, L. 1959; R.C.M. 1947, 11-3920.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4202. Existence of blighted areas and resulting problems -- statement of policy

7-15-4202. Existence of blighted areas and resulting problems -- statement of policy.
It is hereby found and declared:
(1) that blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state, exist in municipalities of the state;
(2) that the existence of such areas:
(a) contributes substantially and increasingly to the spread of disease and crime and depreciation of property values;
(b) constitutes an economic and social liability;
(c) substantially impairs or arrests the sound growth of municipalities;
(d) retards the provision of housing accommodations;
(e) aggravates traffic problems; and
(f) substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and
(3) that the prevention and elimination of such areas is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, are conducive to fires, are difficult to police and to provide police protection for, and, while contributing little to the tax income of the state and its municipalities, consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.
History: En. Sec. 2, Ch. 195, L. 1959; R.C.M. 1947, 11-3902(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4203. Need for redevelopment and rehabilitation of blighted areas

7-15-4203. Need for redevelopment and rehabilitation of blighted areas.
It is further found and declared:
(1) that certain of such blighted areas or portions thereof may require acquisition, clearance, and disposition subject to use restrictions as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by rehabilitation;
(2) that other areas or portions thereof may, through the means provided in this part, be susceptible of rehabilitation in such a manner that the conditions and evils enumerated in 7-15-4202 may be eliminated, remedied, or prevented; and
(3) that to the extent feasible salvable blighted areas should be rehabilitated through voluntary action and the regulatory process.
History: En. Sec. 2, Ch. 195, L. 1959; R.C.M. 1947, 11-3902(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4204. Interpretation

7-15-4204. Interpretation.
(1) The powers conferred by part 43 and this part are for public uses for which public money may be expended and the power of eminent domain may be exercised as provided in Title 70, chapter 30. The legislature finds and declares that necessity in the public interest exists for the provisions enacted in part 43 and this part concerning urban renewal.
(2) A city or town may not serve as a pass-through entity by using its power of eminent domain, as provided in Title 70, chapter 30, to obtain property with the intent to sell, lease, or provide the property to a private entity.
History: En. Sec. 2, Ch. 195, L. 1959; R.C.M. 1947, 11-3902(part); amd. Sec. 20, Ch. 125, L. 2001; amd. Sec. 1, Ch. 441, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4205. Scope

7-15-4205. Scope.
Insofar as the provisions of this part and part 43 are inconsistent with the provisions of any other law, the provisions of this part and part 43 shall be controlling. The powers conferred by this part and part 43 shall be in addition and supplemental to the powers conferred by any other law.
History: En. Sec. 19, Ch. 195, L. 1959; R.C.M. 1947, 11-3919(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4207. Prohibition against discrimination

7-15-4207. Prohibition against discrimination.
For all of the purposes of this part and part 43, a person may not be subjected to discrimination because of sex, as defined in 1-1-201, race, creed, religion, age, physical or mental disability, color, or national origin.
History: En. Sec. 17, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1977; R.C.M. 1947, 11-3917; amd. Sec. 16, Ch. 253, L. 1979; amd. Sec. 4, Ch. 472, L. 1997; amd. Sec. 3, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4208. Encouragement of private enterprise

7-15-4208. Encouragement of private enterprise.
A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this part and part 43, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this part and part 43, including the formulation of a workable program; the approval of urban renewal plans (consistent with the comprehensive plan or parts thereof for the municipality); the exercise of its zoning powers; the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements; the disposition of any property acquired; and the provision of necessary public improvements.
History: En. Sec. 3, Ch. 195, L. 1959; R.C.M. 1947, 11-3903.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4209. Development of workable urban renewal program

7-15-4209. Development of workable urban renewal program.
(1) A municipality, for the purposes of this part and part 43, may formulate a workable program for utilizing appropriate private and public resources:
(a) to eliminate and prevent the development or spread of blighted areas;
(b) to encourage needed urban rehabilitation;
(c) to provide for the redevelopment of such areas; or
(d) to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program.
(2) Such workable program may include, without limitation, provision for:
(a) the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards;
(b) the rehabilitation of blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements; by encouraging voluntary rehabilitation; and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and
(c) the clearance and redevelopment of blighted areas or portions thereof.
History: En. Sec. 4, Ch. 195, L. 1959; R.C.M. 1947, 11-3904.