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Bill to raise nuisance-complaint threshold draws mixed response; amendment sought for health exceptions

2813626 · March 28, 2025
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Summary

House Bill 742 would require at least three property-owner complaints within a quarter-mile to trigger a county nuisance inspection; public-health officials urged an exception for immediate health threats.

Representative Steve Gist presented House Bill 742 as a change to local-code enforcement that would require three property-owner complaints within a quarter mile before a county compliance officer may conduct a site inspection for community decay or nuisance complaints. Under current law a single property owner complaint may trigger an inspection; the bill would raise that minimum to reduce nuisance claims driven by neighbor disputes, the sponsor said.

"What we're doing is looking in code here... complaints must be received by at least 3 property owners," Gist told the committee. He said the change is intended to encourage neighbors to work together and relieve compliance officers from responding to isolated or subjective complaints.

Officials from local government and public health offered different views. Jennifer Olson, government affairs director for the Montana League of Cities and Towns, urged the committee to pass the bill as a tool for clarity and local-level education and enforcement. Shannon Terrio, Environmental Health Director at Missoula Public Health, testified in opposition to parts of the bill and urged an amendment: she supported raising the complaint threshold for routine complaints but urged an explicit exception so counties could act immediately when an inspector determines a direct health hazard exists.

Terrio noted enforcement is complex where mental-health or hoarding issues are involved and said "getting three complaints from property owners within a quarter of a mile could be difficult" in severe cases. Representative Gist said he supported adding language to allow counties to proceed without three complaints when a direct public-health threat is present; he closed the hearing by thanking Terrio for her input.

The transcript records proponents and an on-record request for an amendment; no committee vote or formal action appears in the provided record.