76-4-109. Penalties. (1) A person who violates a provision of this part, except 76-4-122(1), or a rule adopted or an order issued under this part is guilty of an offense and subject to a fine in an amount not to exceed $1,000.
(2) (a) In addition to the fine specified in subsection (1), a person who violates any provision of this part or any rule adopted or order issued under this part is subject to an administrative penalty in an amount not to exceed $250 or a civil penalty in an amount not to exceed $1,000. Each day of violation constitutes a separate violation.
(b) Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 76-4-1001. An action to recover penalties must be brought in the district court of the county in which the violation occurred.
(3) Penalties imposed under subsection (1) or (2) do not bar enforcement of this part or rules or orders issued under it by injunction or other appropriate remedy.
(4) The purpose of this section is to provide additional and cumulative remedies.
History: En. Sec. 7, Ch. 509, L. 1973; R.C.M. 1947, 69-5008(part); amd. Sec. 7, Ch. 490, L. 1985; amd. Sec. 8, Ch. 443, L. 2005; amd. Sec. 23, Ch. 487, L. 2005; amd. Sec. 44, Ch. 535, L. 2021.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 4. State Regulation of Subdivisions
Part 1. Sanitation in Subdivisions
76-4-103. What constitutes subdivision
76-4-104. Rules for administration and enforcement
76-4-105. Subdivision fees -- subdivision program funding
76-4-106. Cooperation with other governmental agencies
76-4-107. Authority to inspect and monitor -- certification
76-4-110. Additional remedies available
76-4-111. Exemption for certain condominiums, townhomes, and townhouses
76-4-112. Easements and restrictive covenants
76-4-113. Notification to purchasers
76-4-114. Review of application
76-4-115. Contents of application -- supplemental information
76-4-117. through 76-4-120 reserved
76-4-121. Restrictions on subdivision activities
76-4-122. Certain filings prohibited
76-4-125. Land divisions excluded from review
76-4-129. Joint application form and concurrent review
76-4-130. Deviation from certificate of subdivision approval
76-4-131. Applicability of public water supply laws
76-4-132. Special revenue account -- deposit and use of fees
76-4-133. Installation inspection
76-4-134. Owner request for review
76-4-135. State regulations no more stringent than federal regulations or guidelines