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Ordinance 1669 - Certificate of Occupancy Permit RequirementORDINANCE NO. 1669 AN ORDINANCE TO REQUIRE A CERTIFICATE OF OCCUPANCY PERMIT PRIOR TO OCCUPANCY OF NEW RESIDENTIAL CONSTRUCTION WITHIN THE CITY OF KALISPELL, MAKING THE VIOLATION OF SUCH A CIVIL INFRACTION, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has adopted the International Residential Code (IRC), 2006 Edition, as amended by the Administrative Rules of Montana as its residential building code, which code requires the issuance of and possession of a certificate of occupancy permit prior to actual occupancy of new construction; and WHEREAS, it is the intention of the Council of the City of Kalispell that the certificate of occupancy requirement apply to all new residential construction within the City of Kalispell; and WHEREAS, it is also necessary that the City be able to enforce its requirement for a certificate of occupancy and that it is in the best interests of the City and its residents that the violation of failing to obtain a certificate of occupancy for new residential construction be prosecuted as a civil infraction. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. No new residential construction within the City of Kalispell shall be occupied until a certificate of occupancy permit has been obtained from the City of Kalispell Building Department. SECTION II. Failure to obtain a certificate of occupancy permit from the City of Kalispell Building Department prior to occupying new residential construction within the City of Kalispell shall be deemed a civil infraction and prosecuted by the City pursuant to KCC 1-11 through KCC 1-17. SECTION III. This Ordinance shall take effect from and after 30 days of its passage on second reading by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 5TH DAY OF OCTOBER, ATTEST: Theresa White City Clerk