Bozeman, MT Property Maintenance: Property Blight (2026)
Key Facts
- Enforcing office
- Department of community development
- Unsafe building test
- Section 116 of the International Building Code
- Owner abatement deadline
- 30 days after posting and mailing of notice
- Hearing demand
- Within seven calendar days after receipt of notice
- City abatement charges
- 25 percent overhead plus $200.00 civil penalty per nuisance
- Assessment objection
- Written, received within 20 days of mailing
Summary
In the City of Bozeman, Montana, any building that meets the International Building Code section 116 definition of an unsafe building, and any imminent life safety hazard, is declared a public nuisance. The department of community development enforces, and an owner has 30 days after notice to abate or show that no nuisance exists.
A.The following are declared to be public nuisances:1.Any building or structure which meets the definition of an unsafe building or structure as provided in section 116 of the International Building Code, or any successor provision, adopted pursuant to section 10.02.010. ... 3.Any imminent life safety hazard which creates a present and immediate danger to life, property, health or public safety.
Full Breakdown
Section 16.02.050(A) of the Bozeman Municipal Code declares an unsafe building or structure, as defined in section 116 of the International Building Code, and any imminent life safety hazard creating a present and immediate danger to life, property, health or public safety, to be public nuisances. Section 16.02.030(B) adds a maintenance duty: every property owner must keep the property in a safe condition, in a weather tight condition, and secure from unauthorized entry. Section 16.02.040 defines a public nuisance to include a structure unsafe for occupancy, a fire hazard, or a property whose lack of adequate maintenance, or vacancy, depreciates nearby property enough to be harmful to the community.
The department of community development has primary responsibility (section 16.02.060). After a complaint it must promptly inspect the property. If public health, safety or welfare is in immediate danger, summary abatement applies: the department can remove or abate the nuisance without notice to the owner, then posts a notice on the property describing the action taken. The department can notify the building inspector for a building that appears structurally unsafe, and the inspector submits a written report of findings.
In other cases the department serves a written notice by personal service, by leaving a copy at the owner's residence or business, or by certified mail, with publication in a newspaper once a week for two consecutive weeks when service fails, and it also notifies any lienholder. It is not a defense that the property is boarded up or otherwise enclosed (section 16.02.080). Within 30 days after posting and mailing, the owner must abate or file a written statement that no nuisance exists, and the department can grant a time-limited extension on written application within that period (section 16.02.090).
An owner can demand a hearing before the city commission within seven calendar days after receiving the notice (section 16.02.100). If the nuisance is still not abated, the department can enter the property and abate it (section 16.02.110).
Violations & Fines
When the city abates, the owner is charged the actual expenses plus a 25 percent overhead charge and a civil penalty of $200.00 for each nuisance abated. A further nuisance abated within two consecutive calendar years on property owned by the same person adds a civil penalty of 50 percent of the abatement cost, minimum $50.00. Unpaid amounts become a lien in the city liens docket after a 20-day objection period.
Frequently Asked Questions
What makes a building a public nuisance in Bozeman?
Can Bozeman demolish or secure an unsafe building without notice?
How long does a Bozeman owner have to fix an unsafe property?
Can I challenge a nuisance notice in Bozeman?
Sources & Official References
Other rules in Bozeman
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