IN THE MUNICIPAL COURT OF THE CITY OF BOZEMAN COUNTY OF GALLATIN, CITY OF BOZEMAN COMPLAINT

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1 Kyla C. Murray, City Prosecutor City of Bozeman 1 N. Rouse Post Office Box Bozeman, Montana Telephone: (406) '".Li::K IN THE MUNICIPAL COURT OF THE CITY OF BOZEMAN COUNTY OF GALLATIN, CITY OF BOZEMAN THE CITY OF BOZEMAN, ause No. CR vs. Plaintiff, COMPLAINT BRIAN MARTIN, Defendant. Comes now, Kyla Murray, Bozeman City Prosecutor, being first duly sworn and accuses the above named Defendant of committing the following crimes in the City of Bozeman, Gallati County, Montana: CGunt I: On or about April 6,, the Defendant exceeded the scope of his Certificate of Appropriateness when he knowingly demolished the residential structure at 402 W. Koch within the conservation district in violation of $ ($ and $ BMC) Count II: On or between May, and April 7,, when the Defendant had knowingly added an illegal, unapproved accessory dwelling unit at 402 W. Koch above the approved

2 garage issued in permit ¹-445 in violation of )5.1 IBC. ()5.1 IBC and ( BMC) Count III: On or about April 7,, the Defendant was knowingly living at 402 W. Koch without a Certificate of Occupancy, a violation of (111.1 IBC, and $1.01 IRC. ( fj.02.0 and ( BMC) Kyla C. u, Bozeman City Prosecutor SUBSCRIBED and SWORN to bef this I da y of. +t"a stp,"',. H EATHER BIE ""'tt o = fo tha Stat@ of Montaqg Fkyaiding at: Eto~a>an, Montana ' +~ ~,' M)l C o ftlrysission E><pitas I I I I I Jantyary 2e, ao>e TARY PUBLI 0 iding at: Bozeman. Montana commission expires: T H E CITY OF BOZEMAN

3 Kyla C. Murray, City Prosecutor City of Bozeman 1 N. Rouse Bozeman, Montana Telephone: (406) BY I N THE MUNICIPAL COURT OF THE CITY OF BOZEMA N COUNTY OF GALLATIN, CITY OF BOZEMAN THE CITY OF BOZEMAN, CauseNo. CR -i5 g% ]2 vs. Plaintiff MOTION AND AFFIDAVIT TO SUPPORT FILING OF A COMPLAINT BRIAN MARTIN, Defendant. COMES NOW, the City of Bozeman by and through Kyla Murray, City Prosecutor, an being first duly swom upon oath, deposes and says as follows: That your affiant is a prosecutor, and by law one of the attorneys to prosecute criminal matters on behalf of the City of Bozeman. Your affiant is aware of the following facts as reported by Bob Risk, Chief Building Officer for the City of Bozeman Building Division, and Wendy Thomas, Director of the City of Bozeman Department of Community Development. 1. Brian Martin (hereafter Defendant) applied to the City of Bozeman Department of Community Development for a residential alteration at 402 W. Koch in Bozeman, MT. The Defendant and his wife Anne Martin are the owners of the property at 402

4 W. Koch. This location falls within the Cooper Park Historic District requiring a Certificate of Appropriateness (COA) under $38,.040 of the Bozeman Municipal Code (BMC) for certain types of alterations to structures within the Neighborhood Conservation Overlay District. The Defendant was aware that this address was within the Cooper Park Historic requiring the COA. 2. The Defendant submitted an application for a COA for construction of a garage and renovation and addition to the existing structure at 402 W. Koch. and also requested a deviation from( BMC to allow encroachment of the yard setback requirements ) BMC. 3. AAer receipt of the Defendant's Sketch Plan and Certificate of Appropriateness Application Z-060, the Bozeman City Commission approved the application with the requested deviation with a conditional approval on April,. Wendy Thomas signed the Notice of Certificate of Appropriateness on April,. 4. AAer obtaining zoning approval the Defendant requested two buildings permits at 402 W. Koch. The first indicated the scope of the work was to build a new 600 square foot garage. The Building Division issued permit ¹-445 on May,. The application and submitted plans did not request or show an additional dwelling unit above the garage. 5. On 3anuary 7,, the Building Division also issued permit ¹-864 to the Defendant for a residential alteration at 402 W. Koch Bozeman, MT, approved pursuant to the zoning application Z-060. The application and plans submitted by the Defendant and approved by the city included an addition and renovation to the existing single family dwelling. The application and plans did not request a

5 complete demolition of the entire existing residential structure or foundation. 6. On April 7,, as a result of complaints by neighbors, the City leamed the house had been complete)y demolished the previous day. Bob Risk went out to the property and observed a large hole where the foundation had been. He issued a stop work order and revoked the previously issued building permits for exceeding approved scope of work. 7. The demolition exceeded the scope approved in the Certificate of Appropriateness and violated ) BMC, pursuant to the Uniform Development Code (UDC), demotion of a structure within the Neighborhood Conservation Overlay District. 8. Additionally on April 7,, the Building Division discovered the Defendant had exceeded the scope of the building permit in ¹-445, by installing an Accessory Dwelling Unit (ADU) above the garage in violation of )5.1 International Building Code (IBC ). An ADU above the garage was not a part of the originally approved plans in the Certificate of Appropriateness application Z-060. Therefore the use also constituted a violation of the zoning provisions of the UDC in $$ and BMC because occupation of the garage w as outside of the scope of the approved application. 9. Bob Risk learned the Defendant had been occupying the ADU above the garage without a Certificate of Occupancy in violation of $111.1 IBC and $1.01 IRC and outside of the approved zoning approval Z-I4060 under $( and BMC. At the Bozeman City Conunission meeting on May 4,, the Defendant admitted to occupying 402 W. Koch aaer demolition of the residential structure and without applying for and receiving approval to occupy the space above the garage as

6 an ADU.. Linda Doss contacted city officials after observing a May 6, article in the Bozeman Daily Chronicle about the demo)ition of the house at 402 W. Koch in the conservation district. She relayed an earlier conversation she had with the Defendant about the Defendant's plans for the structure. Doss reported that on March,, she introduced herself to the Defendant and his v ~fe, explaining she was a neighbor and had previously contemplated purchasing the property at 402 %, Koch. The Defendant told Doss his intentions with the property as, "Were taking it down'"'. This conversation occurred after the permits had been approved by the City, but before the unauthorized demolition took place. 11. A violation of the UDC is a violation of )38,34,0 BMC. a misdemeanor. This offense is punishablc by a finc up to $500 or by imprisonment tor a period not to exceed 6 months. or both, either as set forth in state law regarding subdivision and zoning or in accordance with (1.0L2 BMC. Each day the violation exists may constitute a separate offense. The court. in its discretion, may add to the fines any costs incurred by the city in the prosecution of the charge or enforcement of the code.. The Unified Development Code (UDC) $38.0L080 BMC requires compliance with its regulations: "No land shall hereafter be subdivided, used or occupied, an no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development shall commence unless it is in conformity with all of the regulations herein specified for the district in which it is located."

7 . )38.2L040 BMC states: 'No use of untmished structures. No cellar garage, tent, tepee, yurt, basement with unfinished structure above, accessory building or vehicle; or any manufactured home or recreational vehicle outside of an approved manufactured home community, recreational vehicle park, or approved individual lot in accordance with section shall at any time be used as a dwelling unit, unless approved for use as a temporary dwelling unit due to a demonstrated hardship.". The Bozeman Municipal Code adopts the model technical code as adopted by the ]2 Montana Department of Labor and Industry Building Code Bureau, and the Bureau's Administrative Rules. These model rules include the International Building Code (IBC) and International Residential Code (1RC) through $.02.0]0 BMC. The City adopted the IBC and IRC codes through the issuance of Administrative Order -02 pursuant to its authority (.02.0(A)(3) BMC. $.02.0(c) BMC states that a violation of a technical code is a misdemeanor offense subject to a fine up to $500 and jail up to 6 months, or both. Each day may be charged as a separate offense. The court may, in its discretion, add to the fines any costs incurred by the City in prosecution of the charge or enforcement of the code. g.02.0 and BMC.. $5.1 IBC states: "Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing systems, the installation of which is regulated by this code, or to cause any such work to be done, shall first make

8 application to the building official and obtain the required permit.". $7.4 IBC states: "Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.". )111.1 IBC and $1.01 IRC state: "No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein.". Based on the foregoing, the above-named Defendant, has committed the following offenses. On or about April 6,, the Defendant violated $ BMC of the UDC, by exceeding the scope of the Certificate of Appropriateness permit ¹Z-060 by demolishing the entire residence at 402 W. Koch within the Neighborhood Conservation Overlay District. Additionally, the Defendant exceeded the scope of his building application ¹ 864 for a partial remodel to the interior of 402 W. Koch when he demolished the entire residential structure in violation of $7.4 IBC. The City leamed on April 7,, the Defendant had added an illegal, unapproved additional dwelling unit above the approved garage as issued in permit ¹-445 in violation of )5.1 IBC, and UDC ( BMC, and that the Defendant was illegally occupying the ADU at 402 W. Koch, in Bozeman Montana, without a Certificate of Occupancy in violation of ) I I l. 1 IBC and $1.01 IRC. DATED the day of,.

9 Kyl Pro ay u tor City of Bozeman SUBSCRIBED and SWORN to bef e me this day of 0. ei '"' HEA THER Notae pmitresid : J. otaal~iyc'-fm the State of MVgtacao 9ozetnan, Montana My Commission Exp'<'s: ' i~of ~" JanUaty 26, i l l l l l i Y PUBLI HE CITY 0 O Z E MAN g at: Bozeman, Montana mission expires;