76-15-709. Enforcement of regulations -- petition to district court. - Montana Statutes

     76-15-709. Enforcement of regulations -- petition to district court. Where the supervisors of any district shall find that any of the provisions of land use regulations prescribed in any ordinance adopted in accordance with the provisions of 76-15-701 through 76-15-707 are not being observed on particular lands and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present a petition, duly verified, to the district court of the county in which the lands of the defendant may lie:
     (1) setting forth:
     (a) the adoption of the ordinance prescribing land use regulations;
     (b) the failure of the defendant to observe such regulations and to perform particular work, operations, or avoidances as required thereby; and
     (c) that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district; and
     (2) praying the court:
     (a) to require the defendant to perform the work, operations, or avoidances within a reasonable time; and
     (b) to order that, if the defendant shall fail so to perform, the supervisors may go on the land, perform the work or other operations, or otherwise bring the condition of such lands into conformity with the requirements of such regulations and recover the costs and expenses thereof, with interest, from the defendant.

     History: En. Sec. 10, Ch. 72, L. 1939; amd. Sec. 9, Ch. 431, L. 1971; R.C.M. 1947, 76-110(2).