§ 16.48.040. Administration.

1.

Enforcement. Except as provided in 76-3-303, MCA, every final subdivision plat must be filed for record with the county clerk and recorder before title to the subdivided land can be sold or transferred in any manner. If unlawful transfers are made, the county attorney shall commence action to enjoin further sales or transfers and compel compliance with all provisions of the MSPA and these regulations. The cost of this action shall be imposed against the party not prevailing.

2.

Violation and penalties. Any person, firm, corporation, or other entity who violates any of the provisions of the MSPA or these regulations is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment in jail for not more than three months or by both fine and imprisonment. Each sale, lease, or transfer, or offer of sale, lease, or transfer of each separate parcel of land in violation of any provision of the MSPA or these regulations shall be deemed a separate and distinct offense.

3.

Appeals.

A.

A person who has filed with the governing body an application for a subdivision under the MSPA and these regulations may bring an action in district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or a regulation adopted pursuant to the MSPA that is arbitrary or capricious.

B.

A party identified in subsection D. below who is aggrieved by a decision of the governing body to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision or a final subdivision plat may, within 30 days after the decision, appeal to the district court in the county in which the property involved is located. The petition must specify the grounds upon which the appeal is made.

C.

For the purposes of this section, "aggrieved" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the decision.

D.

The following parties may appeal under the provisions of subsection B. above:

i.

The subdivider;

ii.

A landowner with a property boundary contiguous to the proposed subdivision or a private landowner with property within the county or municipality where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner's property or its value;

iii.

The county commissioners of the county where the subdivision is proposed; and

iv.

One of the following municipalities:

a.

A first-class municipality as described in 7-1-4111, if a subdivision is proposed within three miles of its limits;

b.

A second-class municipality, as described in 7-1-4111, if a subdivision is proposed within 2 miles of its limits;

c.

A third-class municipality, as described in 7-1-4111, if a subdivision is proposed within 1 mile of its limits.

(Ord. No. 280, § XI-D, 10-20-06)